If your have been in an accident where you have been injured through the fault of another, you have a limited amount of time in which you can bring an action before the appropriate court to seek recovery of your damages stemming from this accident. In Florida, the legislature has set out the "Statute of Limitations" which sets time frames for which an individual can seek recovery through the courts for various legal actions. In cases of personal injury, you must bring your action within four years from the date on which your injuries occurred. In actions for medical negligence, such must be brought within two years of the date of injury. (Medical negligence has many facets to consider and will be discussed at length in a future article.) Keeping with personal injury negligence claims, such should be pursued as soon as possible, without delay, even though such actions can be brought up to four years later. If too much time is allowed to pass, valuable information supporting your claim can be lost or misplaced. Additionally, witnesses who might testify on your behalf can suffer from memory loss and could move away and be unlocatable when needed for trial. In cases of automobile accidents, before your action can be brought before the court for damages to the person, you must meet one of four thresholds set out by the legislature. In most instances proof of these thresholds will come from the medical care provider treating you for your injuries. Such medical provider must determine: 1.) Death - whether or not you or another died as a result of the injuries sustained from the automobile accident; 2.) Significant Scarring - whether or not you or another has suffered significant scarring as a result of the automobile accident; 3.) Permanent Injury - whether or not you or another has suffered a permanent injury to the body as a result of the automobile accident; 4.) Permanent Impairment - whether or not you or another has suffered a permanent impairment to the body as a result of the automobile accident. Until your medical provider has made one or more of the above determinations, any action for bodily injury brought against another, at fault driver, would be premature.

If you are involved in any accident, in which you are not at fault, but is the fault of another, you should immediately seek medical attention regardless of how good you might feel immediately after the accident. In many situations, pain and injury may not manifest itself until after the shock of the accident has passed. This could be as little as an hour or as much as a week or more after the accident. Prompt and immediate medical attention can prevent further injury and will document for your case medical treatment required for your injuries. If you can, immediately after the accident, get the names, addresses, and phone numbers of all witnesses who saw the accident and were present immediately after the accident. It is imperative that you have these witnesses to substantiate your claim and to help determine fault as a result of the accident.

You or a friend or family member should return to the scene of the accident and take photographs or sketch the scene to keep a permanent record of the accident area. Video tape is even better if you have access to the same. Keep all medical appointments for treatment or otherwise that your medical provider requests of you and take all medication as it is prescribed. Lastly, you should keep a diary, either daily or minimally each week, recording in the diary your current condition, symptoms, pain, missed social appointments, your abilities and inabilities to perform activities, and other day to day conditions stemming from the accident that are effecting you as a result of your injuries from the accident. This is extremely important as pursuing your damages to trial could take as long as one year or longer and in such time you would have a tendency to forget that pain and suffering which you felt during your recovery period.

Of course, to pursue your claim it is best to retain your lawyer early on in this process so that your lawyer might aid you in documenting your injuries and damages. Additionally, an attorney can deal with any insurance adjusters, freeing you from the undue pressure that may be placed on you to settle for something less than you deserve. Most insurance adjusters are experienced, while you, hopefully, have not been involved in any other accidents. Insurance adjusters will use there experience in representing the individual who caused your injuries and in representing their own companies to keep your recovery as low as possible. That is their job.

Should you have any questions concerning recovery for injuries and damages stemming from any type of accident, you should contact you attorney for further information.

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