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How Long Do You Have to Sue someone after a car accident ?

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Hello , We are a family from Atlantic City, NJ that move to the Gulf Of Mexico , Florida since December 25th 2019 . My older parents ( My late father was 78 at the moment ) and my mom 65 came to visit us around the beginning of 2021 I believed and they were currently living in New York in a nursing home place. They got a week out from the  nursing home , so the day I was driving them  back to take them to the airport of Tampa ( the only one with direct flys to NJ or NY ) the fly was schedule at 11 am but we left at 7 am ( Tampa is only 45-60 minutes away from my home....since i live by the beach. I decide to leave early because they were Diabetic people who need to eat almost every 2 hours or less so that will give me plenty time to stop anf eat and go to the rest area and with no problems about being late for the  plane . Around 7:30 am as we were approaching the exit to the highway that is 75th and then connects you with the street directly to the airport . The last traffic light was green for me and I was driving maybe 20 or 25 mph due to us eating breakfast from MC Donald with hot coffee .


So I decide to go slow that way my parents didn't get burn with the coffee, when i was about to pass the green light : another car ( white Honda accord i think ) on the opposite side who was doing a left turn when the green light was flashing ( turn if you don't see any incoming cars) but he maybe didn't see us coming or wasn't putting attention to the cars on the opposite side and hit us right in the front of the car causing fractures on my mom hips, arms and bruises all over the body and my dad glasses broke and got inserted in His face.  Causing around 15 medical stitches in the forehead . After calling 911 and waiting for them I saw the guys car totally lost in the accident but he did not get hurt. The ambulance came and they took us to the main hospital in Bradenton city.   After some time  pass the doctors transferred my mother to another hospital since she was needing emergency surgery in the hips and arms and we lost contact with the officer in charge of the accident, i can only remember he saying the witness they had;  saw us and it was the white car fault for making a left turn without checking if more cars were coming on the different side of the road , i had a brand new 2019 MVP Mazda who due to the hit on the front part ,damaged the motor 100% making me lost my car too. It was declared totaled by the dealership.


So many things happent after that, we try  getting lawyers but since we were new in the area we did not have any info about lawyers or what to do after everything happen.  The police report admitted it was the other drivers fault the cause of the accident , and we hired a lawyer but he looked too busy all the time, he ask for lot of stuff and we sign the consent to the firm to get the report from the police too.  He send my dad to physical therapy since he was complaining of pain on hes legs and back . And wasn't able to move around like before the accident . 2 weeks later we get the call from the lawyer saying the guy didn't have a good car insurance so there was no chance for a good case. So after hearing this we got disappointed and frustrated, plus we were all so exhausted from everything . Therapy's, mom was still in the hospital without being able to walk and dad in physical therapy  3 times a week during the day and 3 more therapy's weeKly in the afternoon in my house ( sorry i forgot how they called the extra PT. ) that he need it and also they use to checked hes blood pressure , diabetes any health problems just in case to keep it controlled. Since he lived in NY. And didnt have a personal doctor here. One day i hear a message were the lawyer drop the case and that he couldn't do anything. The guy just got a ticket and that was the end of my case. .. help please. My dad pass away last year and mom still in the rehab nursing place recovering from her injures. 


Thank you so much. Att ; Sarai David. ( Bradenton, Florida, 34209)            PS.   Medicare paid for the medical expenses and still-currently paying for moms physical therapy and nurses, medication and everything.   Since they had to move from NY to Florida now to be treated by the doctors from here and have me and my sister support after this tragedy. We use to cook for them daily since they were picky eaters. 
Please help us clear our minds and help us clarify if we really didn't had any chance to take this guy to court. Thank you in advance .

 

Commonly posted questions...

A close-up, vibrant and positive image reflecting the theme of insurance and legal advice in an accident scenario. The image should depict a professional setting, perhaps a comforting and reassuring environment of a legal or insurance office. There should be elements symbolizing protection and support, like a shield or a safety net, incorporated subtly in the decor, emphasizing the theme of security and assistance in legal matters. The colors should be realistic yet leaning towards a warm and inviting palet Is it normal for insurance to deny coverage for a hit-and-run in Atlanta?
7 months ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of Bradenton Beach. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of Auto Accident Case in Bradenton, Florida

Statute of Limitations in Florida for Auto Accident Lawsuits

In Florida, the statute of limitations for filing a lawsuit related to an auto accident is generally four years from the date of the accident for personal injury and two years for wrongful death. Since your accident occurred in early 2021, you likely still fall within this time frame for personal injury claims. However, it's crucial to act swiftly as these deadlines are strict.

Possible Legal Actions and Solutions

Given the details of your case, there are several potential legal avenues:

  1. Personal Injury Claim Against the At-Fault Driver: Despite the other driver's inadequate insurance, you may still pursue a personal injury lawsuit against them. This can include compensation for medical bills, pain and suffering, and other damages.

  2. Uninsured Motorist Coverage: If your auto insurance policy includes uninsured or underinsured motorist coverage, this might provide an additional avenue for recovering damages.

  3. Consultation with Another Attorney: Given your experience with the previous attorney, it might be beneficial to compare lawyers in your area who specialize in personal injury law to assess your case from a fresh perspective.

  4. Medicare Reimbursement: Since Medicare has covered medical expenses, they may have a lien on any settlement or judgment you receive. An attorney can help negotiate these liens.

Average Legal Fees in Bradenton, Florida

Legal Service Average Cost (Bradenton, FL) Difference from National Average
Initial Consultation $200 - $400 +10%
Personal Injury Lawyer (Contingency Fee) 33-40% of Settlement ±0%
Filing a Lawsuit $300 - $500 +5%
Expert Witness Fees $2,000 - $5,000 per day +15%

Note: Prices can vary based on the complexity of the case and the experience of the lawyer. In Florida, contingency fees are common in personal injury cases, meaning the lawyer's fee is a percentage of the settlement or judgment.

Complexity of Auto Accident Cases

Auto accident cases can be complex due to factors like determining fault, dealing with insurance companies, and understanding legal and medical terminology.

Case Studies and Solutions:

  1. Underinsured Motorist: Engaging with your own insurance company to claim under uninsured motorist coverage can offer compensation when the at-fault driver lacks sufficient insurance.

  2. Multiple Injury Claims: When multiple parties are injured, as in your case, it can complicate the claims process. A skilled lawyer can help navigate these complexities.

  3. Negotiating with Medicare: Handling Medicare’s claim to reimbursement requires legal expertise to ensure that you're not overpaying and that your settlement covers your needs.

Relevant Questions for Sarai David

  1. Do you have uninsured motorist coverage on your auto insurance policy? This information is crucial to determine if you can claim against your own insurance for additional compensation.

  2. Have you kept records of all expenses and losses related to the accident? Documentation of expenses, lost wages, and other impacts of the accident is vital for any legal action.

  3. Have you consulted with other personal injury lawyers since the initial lawyer dropped your case? Seeking a second opinion can provide a different perspective on the viability of your case.

Common Questions about Auto Accidents in Bradenton, Florida

Q1: What is the statute of limitations for auto accident claims in Florida?

The statute of limitations is four years for personal injury and two years for wrongful death from the date of the accident.

Q2: Can I sue if the at-fault driver has insufficient insurance?

Yes, you can still sue the driver personally, and you may also have a claim under your own uninsured motorist coverage if available.

Q3: What if Medicare paid for my medical treatment?

Medicare may have a lien on any settlement or judgment you receive, and an attorney can help negotiate this lien.

Q4: What should I do if my previous lawyer dropped my case?

It's often advisable to seek a second opinion from another attorney, preferably one who specializes in personal injury law.

Q5: How do attorney fees work in personal injury cases in Florida?

Many personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case, typically taking a percentage of the settlement or judgment.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "How Long Do You Have to Sue someone after a car accident ? " has been changed 7 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Bradenton Beach & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

The image is a positive and colorful representation of a legal consultation setting, relating to a car accident lawsuit. It features a wide, close-up view of a professional, welcoming environment. In the center, a diverse group of people, representing different genders and ethnicities, are engaged in a friendly discussion. The scene includes a bright and organized lawyer's office, with law books and legal documents neatly arranged on a desk. The background is filled with sunlit windows, indoor plants, and a
The image is a positive and colorful representation of a legal consultation setting, relating to a car accident lawsuit. It features a wide, close-up view of a professional, welcoming environment. In the center, a diverse group of people, representing different genders and ethnicities, are engaged in a friendly discussion. The scene includes a bright and organized lawyer's office, with law books and legal documents neatly arranged on a desk. The background is filled with sunlit windows, indoor plants, and a...

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