Deadlines for Filing an Injury Lawsuit in Florida

Like every other state, Florida has a statute on the books that sets a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury. This law is called a statute of limitations.

Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts (this law can be found in Florida Statutes Annotated section 95.11). If you don't file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

For injury claims against a city, county or state government, the time limit is three years.

If you're filing an insurance claim or lawsuit over an accident or injury, you'll need to be familiar with laws in your state that might affect your case.

Contact Colette Heck Law today.

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Auto accident lawyer

No car collision or accident is a good thing, but head-on collisions are very violent. Head-on collisions occur when the front end of one car collides with the front end of another car while the two vehicles are traveling in opposite directions. These types of car accidents are especially dangerous because head-on collisions generate a massive amount of force on impact.  Some of this force may be absorbed by the front bumpers of the cars involved, if an oncoming vehicle is traveling at a high rate of speed, or if the road is not well-lit, the other driver may have little time to react and steer out of harm’s way, essentially driving into the path of the accident.

Colette Heck is an auto accident lawyer and has found that the most common cause of head-on collisions is driver distraction. Drivers may be distracted by many things including texting or talking on a cell phone.  Teenage drivers are often distracted by other teens in the car. Examples of head-on collisions include a driver who negligently crosses the median into oncoming traffic, a driver who fails to read the “wrong way” sign on a highway entrance ramp, a driver who drifts into oncoming traffic when negotiating a curve, or a driver who is under the influence.

Despite the use of airbags and seat belts, most head-on collisions still result in catastrophic injuries including brain damage, spinal cord injuries, paralysis, fractures and death.

Victims of head-on collisions may file a personal injury or wrongful death lawsuit in order to obtain compensation for their injuries. Compensation may be recovered for past and future medical bills, lost wages, pain and suffering, and other damages as provided by Florida law.

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Motorcycle Accident? Call Colette Heck Law

Most bikers are especially concerned about their bike and getting it fixed; or, having it declared as a total loss, for quick resolution to getting back on the road as soon as possible. Other questions might be related to obtaining a rental car, or finding a doctor who takes motorcycle accident cases, or finding a lawyer experienced in motorcycle cases, injuries, and settlements.

With its year-round sunshine and warm weather, there are few places better suited for motorcyclists than Port Orange, Florida. But no matter where you ride, there are risks every time you head out on the open road. Even minor accidents may lead to serious injuries causing permanent pain, disability, and life-threatening complications.

If you have a motorcycle accident, you may be out of work for a long time and struggling to pay for your medical treatment. Contact Colette Heck Law.

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Educating her clients in obtaining adequate insurance coverage

Colette Heck feels it is important to educate her clients in obtaining adequate insurance coverage if they are involved in another accident. In Florida, for example, the law does not mandate bodily injury coverage. Therefore, many people injured by Florida drivers are never compensated for their loss because of inadequate insurance coverage.

Florida’s Statute S627.737 requires that in order to obtain any compensation for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of either the ownership, maintenance, operation, or use of a motor vehicle the injury or disease must result in a significant and permanent loss of an important bodily function, or a permanent injury within a reasonable degree of medical probability or a significant and permanent scarring or disfigurement or death. The few minutes after a car crash can literally make the difference between winning or losing your case, even when the accident is not your fault.

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Helping you get the compensation you deserve

Not all alcohol-related car accidents involve a driver who is legally drunk. Alcohol has a measurable impact on a driver's reflexes and decision-making at levels below .08 blood alcohol content (BAC). We have extensive experience in car accident cases. We know how to investigate an accident and prepare your case to demonstrate why you are entitled to full compensation. We have an excellent record of verdicts and settlements for victims of all types of motor vehicle accidents, including those where alcohol was a factor.

There are many ways to show that the driver who caused your accident was behaving negligently. A driver who is speeding or checking a cellphone is driving negligently. A driver who is impaired by alcohol is driving negligently. If the driver who caused your accident is convicted of DUI/DWI, that is certainly evidence of negligent driving. With or without a criminal conviction, Colette Heck can help you present the strongest possible case to get you the compensation you deserve.

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Serious car accidents may involve head trauma, spinal cord injuries, amputations and long-term disability. Most insurance companies, committed to profit for their shareholders, employ a number of tactics to reduce or minimize claim settlements and payments. As a result, many car accident injury victims have little choice but to go to court to recover compensation proportional to the actual cost of their injuries.

I-95 and I-4 are home to some of the most challenging driving conditions in the United States. Many of the car and truck accidents in this area occur on our highways. High speeds combined with heavy use make Miami highways prime real estate for serious motor vehicle incidents. If you have been hurt in an accident on Florida highways, our car accident attorneys can help you.

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Helping clients get justice!

Colette Heck has successfully represented injured drivers and passengers in every imaginable car and automobile accident scenario. From head on collisions, rear end collisions, motorcycle crashes, drunk driving accidents, hit and runs, pedestrian accidents, bicycle accidents, even uninsured and under-insured motor vehicle accident claims. Our firm also handles complex car accident cases involving insurance coverage disputes and product liability claims such as defective design and automobile manufacturing defects.

Accidents can cause a wide range of complex injuries and medical conditions. Common injuries include fractures, broken bones, and other serious injuries to the cervical, lumbar, or thoracic spine surgical repair. Some of the most common injuries occur to the neck and back. In medical terminology, the location of neck and back injuries are referred to as the cervical, lumbar, and thoracic spine.

Sometimes injuries are serious enough and may require surgical repair. High speed collisions, accidents with pedestrians, motorcycle accidents, and drunk driving accident cases often result in severe or even catastrophic injuries such as a traumatic brain injury, closed head injury, spinal cord injury, paralysis, and in some cases  wrongful death. Over the years, Colette Heck Law has seen many unfortunate injury cases, but has also been able to help client's get justice too.

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Check Twice for Motorcycles!

Motorcycle accidents are almost always serious, especially when they involve high speeds, unyielding stationary objects or other moving vehicles. With no seatbelts to keep you from being thrown, no airbags to cushion the impact and no metal to protect you, a motorcycle accident can result in severe injuries or death.

Despite preventive actions and safety features (helmets), motorcycle accidents will and do occur. Serious bodily harm and even death are often the result of such tragic occurrences. The lack of a protective barrier between the driver and the road ultimately leaves motorcyclists in a very vulnerable position.

Common Causes of Motorcycle Accidents:

-Motorcycle-Car/Truck Collision: Sometimes car and truck drivers pull out in front of the biker at the last minute, cut off the motorcyclist, make a U-turn in front of the biker, or otherwise violate the motorcyclist’s right of way. The car/truck often does not see the biker due to blind spots, driving conditions (hard to detect at night or in poor weather), or they are distracted (texting, talking on cell phone).
-Sudden-Stop Collision: Rear-end collisions where the driver of the motor vehicle stops for some unknown reason and the motorcyclist crashes into the back of their vehicle.
-Open Door Accidents: Parked cars and vehicles that open the door directly into the biker’s path.
-Road Conditions: Debris on the road, trash thrown out the window, groves, gravel, or lose pavement can cause a bike to skid out from under the rider. Road construction and railroad crossings can also put bikers at risk.

Call Colette Heck Law today, your New Smyrna Beach auto injury attorney.

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Florida is a No-Fault State

When a Florida resident gets into a car accident, several state laws affect the insurance claims and lawsuits that might result. Let's examine a few of those laws, including Florida's status as a no-fault state, how long drivers have to file court cases after a crash, and how Florida's "pure" comparative fault rule might affect the case.

Florida is a No-Fault State
The most important thing to note about Florida law if you've been in a car accident is that Florida is a no-fault car insurance state. That means, if you've been injured in a car accident in Florida, you'll need to first turn to your own car insurance coverage to get compensation for your injuries and other losses stemming from the accident, regardless of who was at fault for the accident.

Only in certain cases can you step outside the no-fault system and try to hold the other driver liable for your injuries -- meaning you can file a liability claim with the other driver's insurer or file a personal injury lawsuit against him or her. In Florida, only car accidents that result in permanent injury, or significant and permanent scarring or disfigurement, will take a claim outside of the no-fault system.

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Deadlines for Filing an Injury Lawsuit in Florida

Like every other state, Florida has a statute on the books that sets a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury. This law is called a statute of limitations.

Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts (this law can be found in Florida Statutes Annotated section 95.11). If you don't file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

For injury claims against a city, county or state government, the time limit is three years.

If you're filing an insurance claim or lawsuit over an accident or injury, you'll need to be familiar with the laws that might affect your case.

Contact Colette Heck Law today.

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The Steps After An Accident

If you’re the victim of a car accident, you need to take immediate steps to make sure you can be compensated for any physical injuries. Even if you think you haven’t been injured, take these steps. Serious injuries can show up days or even weeks later. If you can’t act immediately, call a friend or family member to take these steps for you or ask for help from someone at the scene.

--Call 911

Immediately report the accident. Let the 911 dispatcher know if anyone has been hurt.

When the police arrive, be completely honest and cooperative. Remember that what you tell the police about your injuries will be recorded and can be used as evidence when you file an insurance claim or a lawsuit. If you are hurt, get this information into the police report. Do not discuss the accident or “fault” for the accident with anyone other than the police.

--Record the Scene

Use your cell phone to take pictures of the accident scene from all angles. Take pictures of the inside of the vehicle you were in. Photograph your injuries. Get the contact information, insurance, license plate and drivers’ license information of anyone else involved in the accident. Get the names and contact information of any witnesses. Make note of weather conditions, construction activity or any other contributing factors.

Record your version of exactly what happened, in the order it happened. If you are not able, ask someone else to do these things.

--Seek Medical Attention

Even if you think that your injuries are not serious, immediately seek medical attention. Closed-head injuries, for example, rarely show up at once. Do this because EMT, emergency room and doctor’s records will be required by insurance companies and needed in lawsuits. It is important to be completely honest. Disclose any previous injuries that might be seen as contributing to your current injuries. Be sure to follow up on any discharge advice you are given. Failure to do so can jeopardize your case. Save all receipts and bills.

--Notify Your Insurance Company

Contact your insurer as soon as possible. Often, insurers have notification deadlines. If you fail to meet these deadlines, you might not be compensated. Cooperate with the adjuster. You may be compensated for your medical expenses, future medical expenses, pain and suffering, mental anguish, lost wages, loss of earning capacity and loss of consortium. An insurance carrier will first look to the types and amounts of damages suffered, and then to fault or percentage of fault.

--Don’t Sign Anything Yet

In the hours, days and weeks following an auto accident, insurance companies – both your own and others – often try to “settle” for a specific amount of money if you agree to give up your rights to make a claim or sue in the future. The money can be tempting, but it is much better to wait and see what the actual extent and cost of your injuries will be.

--Call a Personal Injury Lawyer

The laws on personal injuries caused by auto accidents can be complicated. You need to call a reliable and trusted Daytona Beach auto injury attorney. Contact Colette Heck Law today.

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In need an experienced auto injury attorney?

If someone in a motor vehicle or a commercial truck has hurt you, an experienced and passionate advocate can make all the difference. For your Daytona Beach Area auto accident attorney at the Law Offices of Colette Heck, it's personal: She cares about you and your family.  Our whole office staff cares about you and Colette Heck will fight for you. Call us today at 386-253-3033 to set up a free consultation. We represent victims of auto accidents throughout Central Florida, including Brevard County, Orange County, Volusia County, Seminole County, and Flagler County. Our office is in Daytona Beach, Florida.

These are just some of the areas that Colette Heck covers: Multi Vehicle Accidents, Side Impact Accidents, Rear Impact Collisions, Head On Collisions, High Speed Collisions, Low-Speed Collisions, and Vehicle Roll Over

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Auto Accidents Can Be a Blur

People talk about accidents occurring in slow motion, but the immediate aftermath of an auto accident is likely to be a blur. Following that, as you deal with the other driver, police, possibly emergency medical personnel, and then the insurance company, it is a time of pain and stress. If a death has occurred, the pain and stress of survivors increases immeasurably.

Being in a collision or another type of car accident is a common occurrence, but it is usually a unique experience for those involved. Shock, stress, confusion and even anger can cloud an accident victim’s judgment about what to do or say. This is why it is appropriate and necessary to obtain legal help as soon as possible from an experienced New Smyrna Beach automobile accident attorney.

If you or a loved one has been injured, or you have lost a loved one in a motor vehicle accident in New Smyrna Beach Florida, you may have a right to compensation for your losses and injuries. Colette Heck will stand up for those rights in negotiations with insurance companies and, when necessary, in a court of law.

Call Colette Heck Law today!

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New Smyrna Beach trucking accident lawyer

Injuries Trucking Accidents can include:

-Multiple broken bones.
-Head injuries that leave victims with devastating brain damage.
-Spinal cord injuries that cause lifelong paralysis.
-Organ damage that spells lasting health issues.
-Deep cuts that heal into disfiguring scars.

Colette Heck Law has the experience of working with experts to hold the truck driver and trucking company accountable for their negligence or carelessness. She is committed to ensuring that she presents the most compelling case on behalf of her clients. When you’ve been severely injured, you want the peace of mind that comes from knowing you’ve put your trust in an attorney who is committed to protecting your rights and representing your best interests. Colette Heck is not afraid of big insurance companies, powerful trucking companies or any other parties responsible for leaving New Smyrna Beach residents hurt and unable to work or enjoy their lives.

New Smyrna Beach trucking accident attorney Colette Heck is an aggressive advocate for the victims of accidents caused by large trucks. The sheer weight and momentum of a tractor-trailer or other big truck can cause devastating injuries when an accident occurs. If you or someone you care about has been hurt in a trucking accident, New Smyrna Beach trucking accident lawyer Colette Heck has the real-world experience that can make a difference in recovering the monetary damages you need to help with the medical and financial challenges caused by a commercial trucking accident.

Contact Colette Heck Law today!

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Have you been injured in an accident involving a tractor trailer?

If you have been injured in an accident involving a tractor trailer, it's important to contact an experienced law firm to help explain your legal options and relieve the burden of pursuing an injury compensation claim.

-Drunk driving

-Vehicle safety

-Driver skill level

-Load shift / incorrect cargo stowage

-Driver fatigue

-Speeding

-Overloaded trailers

-Oversize cargo

These all contribute significantly to the chances of serious truck accident occurring.

Knowing what to do and who to contact after being involved in a serious truck accident can be very confusing for many accident victims.

Contact Colette Heck Law today!

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Don't get involved in a rear-end collision!

It’s always unfortunate to be involved in a rear-end collision. Whether you’re the victim of the accident or the driver being held responsible, you’re likely to be faced with at least some stressful bills, paperwork, pain, suffering, and/or emotional distress. Fortunately, Florida has a pretty good grasp on who should be held accountable for rear-end car accidents which makes recovery for undeserving victims much less of a hassle.

It’s almost always the driver in the rear of a rear-end collision who is responsible for the accident. However, if you have any doubt or questions regarding how to go about tackling your personal injury case, it would be greatly beneficial to have an Ormond Beach auto injury attorney on your side that deals with these cases on a constant basis.

Contact Colette Heck Law today if you have been involved in a rear-end collision.

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Drunk Driving

Drunk drivers willfully and needlessly endanger the life of others. According to the Florida Department of Motor Vehicles, 33,625 people were convicted of driving under the influence last year alone. When someone decides to drive drunk innocent drivers and passengers are in immediate danger. These cases are more difficult than many people realize. It is not about just reckless driving. It's also about tracing the beverage or substance trail back to the source to make those who foster, encourage, or enable drunk or drug impaired drivers.

Drunk driving is a third degree felony under Florida Statutes and is punishable in by incarceration. Under Florida law, drivers with a blood alcohol level of .08 or higher are above the legal limit. Furthermore, drunk drivers that cause accidents and serious injuries such as a traumatic brain or closed head injury can also be subject additional civil liability for punitive damages under Florida Statutes 768.762.

Damages in a drunk driving case include amounts for past and future medical bills, loss of earnings, loss of a loved one, pain and suffering, permanent disability and punitive damages. This is because drunk driving is reckless disregard for the life and safety of others. Drunk driving cases can also include claims not just against the drunk driver but may include legal liability from other third parties such as establishments where the alcohol was served. Florida's vendor responsibility act requires alcohol establishments to teach their employees to serve alcohol responsibly to the public.

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Don't be a statistic..

Car accidents are the 5th leading cause of death in the United States. Rear end collisions are the most typical type of case that Colette Heck sees. Failing to yield the right of way, and turning in front of on-coming traffic are other accident cases that are commonly handled. Other car accident cases we handle are collisions involving drunk drivers, negligent drivers, speeding, and cars entering intersections from private driveways.

Although there are countless reasons why motor vehicle accidents occur, the National Highway Traffic Safety Administration indicates the number one factor contributing to car accidents in the nation is distracted or inattentive driving, which accounts for approximately 80% of all motor vehicle accidents.

Our New Smyrna Beach car accident attorney assists victims of car accidents in attempting to obtain compensation for their injuries. In order to best protect your rights, it is important that you contact an experienced personal injury lawyer immediately after your accident.

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