Why Car Accident Victims in Miami Delay Legal Action — And Why That’s a Risk

A car accident is one of the most traumatic experiences for any driver. They could suffer from emotional, physical, and psychological trauma from the accident. Not to mention, they could also face mounting financial burdens resulting from their rising medical bills and potential lost wages. As the trauma piles up and your legal woes ensue, it’s crucial to take immediate action. While it is essential to take a step back, especially in the face of mounting trauma, it’s equally important to act promptly to avoid losing vital evidence or missing deadlines for taking legal action. A car accident lawyer can be a critical piece in these times, as they help fight for your legal rights and ensure recovery and fair compensation. 

 

Common Reasons Car Accident Victims in Miami Delay Legal Action

Not all car accident victims promptly take legal action in Miami. In the aftermath of a car accident, each victim has different ways of coping with the situation. The following are common reasons why many people refuse to take legal action immediately.

Physical and Psychological Trauma

Car accident victims deal with recovery from their physical and psychological trauma, so much so that they have to put aside legal action. Dealing with the effects of a car accident can be overwhelming, especially for first-time victims. 

First, victims may suffer from physical injuries, which could take weeks or months to recover from, depending on the extent of those injuries. In some cases, patients suffer from lifelong injuries that require ongoing treatment. 

Second, and the effect of car accidents that most people tend to overlook, is the psychological trauma. A car accident can take its emotional toll on an individual, especially in serious accidents that almost took someone’s life. It could take them years to recover from PTSD or post-traumatic stress disorder resulting from the accident. 

Most car accident victims hope that things will get better with time. As a result, they often wait and delay legal action because they are still unable to cope with legal processes while in recovery. For this reason, working with a car accident lawyer in Miami is critical. They can handle the legal aspects of your case, providing you with the much-needed support and reassurance while you focus on recovering. 

Lack of Legal Knowledge

In other car accident cases that don’t involve serious injuries or trauma, a mere lack of legal knowledge could be what’s holding victims back from taking legal action. Most car accident victims are unaware of their rights, which can lead to them delaying taking action. However, once they understand their rights, they can feel more in control and less vulnerable. 

Unfortunately, the Florida law puts limitations on when victims can take legal action against another driver. As of 2023, victims are only given up to two years for injured parties to file a lawsuit following the date of the car accident. 

Aside from lacking awareness on when they should file a claim against another party in a car accident, most victims think that pursuing a case (especially ones not involving a serious injury) is a waste of their time. Many falsely believe that they have no right to compensation since they have no valid case. 

Financial Burden

Aside from physical and emotional trauma and a lack of legal knowledge, most car accident victims in Miami delay legal action in fear that pursuing a case against another driver would be costly. Given the mounting financial troubles, such as medical expenses and lost wages, victims assume that hiring an attorney would be an unnecessary additional expense. Even if they handle the case on their own, most victims believe they won’t be able to afford the expenses involved in a legal case.

False Trust in Insurance Companies

Anyone who hasn’t dealt with insurance companies in car accident cases before trusts that these companies will give them fair and full compensation following an accident. Hence, they wait and assume that the check would land on their laps. 

Unfortunately, that is not how insurance claims work. Insurers attempt to delay or minimize claims. Waiting to take action would allow the insurance companies to build a case against you that they can argue against giving you full compensation. Trusting insurance companies to play fair would leave victims at a disadvantage, such that delaying could also limit their legal options later on.

Cultural Barriers

Miami is a multi-cultural and diverse city. Many drivers come from diverse racial and cultural backgrounds, some of whom may not speak English as their first language. This language and cultural barrier could lead to misunderstandings when navigating the aftermath of a car accident. Some victims are unable to express their thoughts and feelings, which could lead to dismissal of their rights. 

Therefore, you need to find a car accident lawyer in Miami who will take into account these cultural and language barriers. They can ensure you have access to the same rights as other Miami residents. However, without a legal team on their side, victims may risk not receiving any compensation. 

Risks of Delaying Legal Action

Understanding why car accident victims delay legal action is one thing, but it’s essential to know the potential consequences that come with it. 

Missing Florida’s Statute of Limitations

Waiting to take legal action following a car accident in Miami is understandable as victims recover from trauma and injuries. But it’s crucial not to wait too long. Florida’s revised statute of limitations allows victims only up to two years to file a lawsuit against another driver from the date of the car accident. 

If you miss this two-year deadline, you lose the right to take legal action against the other party. Even if you have a strong case, you cannot win and get compensation if you did not file a legal action. 

Some car accident victims simply may not be aware of this, resulting in denied justice and compensation. A car accident lawyer in Miami knows the nuances of the Florida traffic laws, which you can leverage to your advantage, ensuring that you get compensation even as you recover from injuries or trauma.

Losing Critical Evidence

Delaying legal action against another driver in a car accident in Miami means you could lose crucial evidence that could build a strong case. Surveillance footage, such as that from traffic lights or nearby businesses, may be unavailable if new footage overrides the existing data. Meanwhile, eyewitnesses might forget crucial details about the incident.

If you had injuries from the car accident, you may have already recovered from those injuries, showing no signs of impact from the accident. Unless you obtained a medical report immediately after the incident, you may be unable to use your injuries to build a strong case against the at-fault driver.

Poor Negotiating Position

The longer you delay legal action in a car accident case, the weaker your ability to negotiate becomes. Involving a legal counsel early on in the case allows you to strengthen your case while the details of the event are still fresh in your memory. 

Lawyers only work on a case depending on the information you provide about the incident. Taking prompt legal action is a way for you to equip your lawyers with the tools to legally position your case to be as strong as it needs to be for a successful claim. If you wait too long, you may not have a strong enough case, resulting in you receiving an insurance company’s lowball offer.

Tactics from Insurers

Suppose you wait to take legal action against another driver or insurance company in a Miami car accident. In that case, they might interpret it as your injuries or damage not being serious enough to warrant immediate action. While this might not be true, it’s an argument that they can use against you. Insurance companies will utilize any available opportunity and tweak it to their advantage to reduce their financial responsibility.

 

What Car Accident Victims in Miami Should Do Immediately After

Delaying legal action for car accident victims can be devastating and cause you to lose out on winning the case. Follow these steps to ensure you achieve your desired outcome and receive the compensation you deserve. 

Seek Immediate Medical Attention

You should always get medical attention immediately after a car accident. It does not matter if you feel fine or think you only have minor injuries. There are some injuries following a car accident that do not exhibit symptoms until after a few days, such as internal trauma or whiplash. These conditions can worsen over time, so it is essential to consult a medical professional for evaluation of your symptoms.

Seeking immediate medical help is crucial for your health and to prevent more serious injuries. However, it is also crucial to obtain documentation of your medical assessment to prove the impact of the accident on your health. It also provides a link to your injuries from the car accident, as insurance companies could argue that those are pre-existing conditions and are not directly related to the accident.

Take Photos and Videos

The car accident scene is the most crucial element in building a strong case. It holds many critical pieces of evidence that would not only determine fault but also assess the extent of damage and injuries. 

You must take photos and videos of the car accident site. Focus on capturing evidence of any relevant damage, road conditions, traffic signs, and other information you think would be relevant to the case. It’s better to have more photos or videos than you need, as your lawyer might be able to spot evidence you captured that could make or break your case.

Write down your account of the events while it’s still fresh in your memory. Small details could make a huge difference when filing a legal claim.

Notify Law Enforcement

Call the police immediately after the car accident. All individuals are required to report accidents per Florida law. It is essential when the accident involves significant property damage or injuries. 

A police report is also a crucial piece of evidence that you can use in building a strong case. It will serve as an essential document that recalls how the accident occurred and the impact of the collision. Do not delay alerting the police about the incident, as it is crucial to preserve the accident site. Once the site is contaminated, insurance companies or the defense team could argue that the evidence on-site is no longer valid or admissible in court.

Contact Your Lawyer

It is recommended that you call a car accident lawyer in Miami immediately after the incident. If you haven’t already done the above steps, they can advice you to do them to ensure you have what you need to file a strong case. 

Another advantage to seeking legal counsel immediately is that they are knowledgeable about Florida traffic laws. They can help you understand what details you would need to support your case and what you should not do after an accident.

For example, they could advise you against admitting fault in a car accident to the police. Doing so could seriously jeopardize your case and your goal of obtaining full compensation.

If you are worried about the costs of hiring an attorney, many legal professionals in Miami work on a contingency basis. It means that they won’t require upfront payments. Instead, they will only get paid if you win the case. However, you should never skip legal representation, especially in cases involving multiple vehicles and other complex scenarios. You can leverage their legal knowledge and experience in navigating the Florida laws and other obstacles that you may face.

 

Don’t Delay – Work With a Car Accident Lawyer in Miami

Delaying legal action for Miami car accident victims can have serious consequences. You could miss the deadlines for filing a lawsuit, lose crucial evidence, or have a reduced or denied claim. 

Understandably, victims feel overwhelmed about the incident; it is especially challenging when there are serious injuries or property damage. However, acting promptly ensures that you can protect your legal rights in a car accident and secure fair compensation, which can facilitate a speedy recovery. 

If you or a loved one is involved in a car crash, they must know that prompt action could be the difference between injustice and fair compensation. A trustworthy car accident lawyer can guide you through the process toward achieving a desired outcome.