TIMING IS EVERYTHING! We have all heard that “timing is everything.”  It applies to everything from job opportunities, relationships, buying and selling, cooking,  and just about everything else affecting our lives. 

 

From a legal standpoint,  timing is crucial. Many claims are time barred by different statutes of limitation which apply to certain circumstances. For instance,  most negligence claims have a four-year statute of limitations in Florida UNLESS one of the defendants (other party) is some governmental agency or entity, then special notice requirements must be met within three years. Claims for medical or professional negligence have a two year statute of limitations; but again, certain notice requirements must be met before filing those claims.

 

The point is,  TALK TO A LAWYER regarding the applicable time frame for your case in the beginning to make sure time requirements are met.  Within the last year I have had three different clients who came to me just before their statute of limitations was about to run. Most of them were trying to just “work it out” with the insurance company themselves.  

 

Waiting until the last minute leaves the lawyer trying to make up ground that should have been covered well before the statute is ready to run.  They don’t have all the information available that they need  going into litigation in order to know as much or more than the other side.

 

While I agree that not all cases need attorney representation, there are those which definitely do. Below are some things you need to know before attempting to handle your case on your own without discussing it with a lawyer:

 

 

1)  Know your Statute of limitations! They vary, as discussed above

 

 

2)  In significant accident situations investigations should be done IMMEDIATELY or as soon as possible for several reasons. First and foremost, evidence can be lost such as skid marks and accident debris that could determine fault. Secondly, witnesses move and are difficult to locate. They also FORGET!  They will remember more about the accident in the months immediately following than they will three years later.