Skip to main content
Statute of Limitations for Car Accidents in Florida
The statute of limitations on a Florida car accident depends greatly on the facts of your crash and the type of case you pursue. For those with serious injuries, you generally only have two years to begin a lawsuit.
Understanding and meeting the statute of limitations that applies to your collision case is crucial. You should speak to a car accident lawyer as soon as possible after your crash to ensure your rights are protected.
What Are the Statutes of Limitations That Might Apply in My Florida Crash Case?
The Florida statute of limitations for car accident lawsuits varies depending on the type of claim being filed.
Most of these are set by Fla. Stat. § 95.11.
This includes:
- Personal Injury Claims: If you are filing a lawsuit for serious injuries in a car accident, you generally have only two years from the date of your car accident to file your complaint.
- Property Damage Claims: For car repair claims, the statute of limitations is four years from the date of the accident.
- Wrongful Death Claims: If the car accident caused your loved one’s death and you are filing a wrongful death claim or suit, the statute of limitations is two years from the date of death.
Take these time limits as a general guide. Many factors affect them, so you should consult with an attorney as soon as possible to ensure your rights are protected and to navigate any complexities specific to your case.
Recent Changes in Florida’s Statute of Limitations for Personal Injuries
Florida lawmakers recently made significant changes to the statute of limitations for auto accidents in Florida. This change gave victims less time to act under the auspices of protecting truck drivers, small businesses, and other parties from lawsuits.
Before the CS/CS/HB 837 civil remedies bill passed in 2023, victims of someone else’s negligence had up to four years to begin a lawsuit based on serious car accident injuries in Florida. Following this change, the limit was cut to just two years.
Why Does the Statute of Limitations Matter in a FL Car Accident?
Crash victims need a lawyer who understands and ensures you meet the statute of limitations on Florida car accident injuries for several reasons:
Preserving Legal Rights
Adhering to the statute of limitations ensures that you preserve your right to file a lawsuit. Missing the deadline typically results in being barred from proceeding with your lawsuit and seeking compensation for injuries and damages.
Maximizing Compensation
Timely filing allows you to seek maximum compensation for your injuries, medical treatment, missed income, pain and suffering, and other related expenses. Delaying a suit can result in diminished compensation or no compensation at all.
Strengthening the Case
Acting quickly helps when gathering and preserving critical evidence. Over time, evidence is lost, memories can fade, and witnesses become unavailable, all of which can weaken a case. Early action ensures that evidence and witness testimonies are fresh and more reliable.
Timely Medical Documentation
Seek medical attention quickly and document your injuries promptly. This medical documentation is crucial for substantiating the extent and impact of injuries in a legal case and must happen immediately after a collision when possible.
Avoiding Legal Complications
Filing a complaint and starting a lawsuit within the statute of limitations helps avoid unnecessary legal hurdles, which could include having to provide reasoning for filing late and facing the defense arguing that you should not be allowed to proceed with your case.
Financial Stability
Early filing and resolution of a claim can provide much-needed cash for ongoing medical treatments, rehabilitation, and other expenses. This can be vital for your family’s financial stability and recovery.
Reducing Stress
Understanding and acting within the stated timeframe should reduce the stress and anxiety associated with your case. Knowing that the legal process is being handled appropriately allows victims to focus fully on their recovery and well-being.
Clear Legal Strategy
Knowing the statute of limitations helps you and your attorney plan a clear and effective legal strategy. It ensures all necessary steps are taken on time to avoid last-minute rushes and potential mistakes.
Understanding and filing before the deadline set by the statute of limitations is essential for you to ensure you retain your legal rights. It will also help strengthen your case, regain financial stability, and reduce stress.
When Can You Sue In a Florida Car Accident Case?
Florida follows no-fault auto insurance laws for car accidents. This means that after an accident, each driver’s own insurance should cover their medical expenses and a portion of their lost income, regardless of who was at fault.
However, there are specific circumstances under which you can step outside this no-fault system and sue the driver who caused the collision. These include:
You Meet the Serious Injury Threshold
You can sue the at-fault driver in civil court if your injuries meet Florida’s serious injury threshold. This includes a wide range of serious and catastrophic injuries.
You can generally hold the at-fault driver responsible when:
- You suffer a permanent injury
- You have a significant and permanent loss of a bodily function
- You suffer significant and lasting scarring or disfigurement
- Your loved one suffered a wrongful death from their injuries
Your Economic Damages Exceed Your No-Fault Coverage
No-fault auto accident coverage, called Personal Injury Protection (PIP) insurance, covers up to $10,000 in Florida. This includes medical expenses and lost wages regardless of fault. If the economic damages exceed this coverage limit, you may pursue a case against the at-fault driver for the excess amount.
You Need to Recover Money for Property Damage
Separate from personal injury claims, you can sue the at-fault driver for damaging your vehicle and other personal property following a crash. PIP policies do not cover this.
Holding the At-Fault Party Accountable
While Florida’s no-fault insurance does limit your ability to sue after a crash, it provides opportunities to hold the at-fault party or parties accountable when you have serious injuries, a significant economic loss, or property damage.
Filing a lawsuit and holding the at-fault party responsible is important because it allows you to recover more economic damages in addition to non-economic losses such as pain and suffering. PIP policies do not cover non-economic damages, so this is a significant reason for pursuing a lawsuit against the at-fault driver.
Navigating a Florida Car Accident Case Is Difficult on Your Own
Most victims of Florida car accidents who are considering pursuing compensation through a fault-based claim or lawsuit have serious injuries. Handling a car accident case, especially for a seriously injured crash victim, is particularly challenging in Florida. Several factors make this a difficult task. They include:
Complex Legal and Insurance Systems
Florida’s no-fault insurance laws create a complex legal process for those who need to step outside of these laws to pursue fair compensation. Navigating insurance policies, PIP coverage, and liability claims requires knowledge, skill, and experience.
Proving Serious Injury
To step outside the no-fault system and sue the at-fault driver, you must prove your injuries meet the state’s serious injury threshold, or you qualify to do so under another exception to the law. This often involves detailed medical records, expert testimony, and comprehensive documentation.
Dealing with Insurance Companies
Insurance companies have trained adjusters and experienced legal teams working to minimize how much they must pay to close a case. Negotiating with them requires a strong understanding of personal injury law and proven tactics that ensure fair compensation. These are things that most victims do not possess.
Gathering Evidence
Building a strong case involves collecting and preserving evidence such as medical records, accident reports, witness statements, and expert opinions. This process is time-consuming and complex. It requires time, money, and other resources that most victims recovering from serious injuries do not have access to without hiring a personal injury lawyer.
Calculating Damages
Accurately calculating damages—economic and non-economic costs—requires a thorough understanding of current expenses and losses, the prognosis, and future care needs. Underestimating these damages can lead to insufficient compensation, making it difficult to pay for future care.
Meeting Deadlines
The statute of limitations imposes strict deadlines for filing lawsuits. Missing these deadlines means forfeiting the right to seek compensation at trial. Managing these timelines and building the case while dealing with serious injuries is a significant challenge.
Legal Procedures and Court Filings
Pursuing a lawsuit involves following specific legal procedures and making well-written and properly prepared court filings. Any mistakes in this process can jeopardize the case. Legal representation ensures that all procedural requirements are met, including the deadline set by the statute of limitations.
Emotional and Physical Strain
Serious injuries not only limit your physical abilities, but they are also emotionally draining. Handling a legal claim under these conditions adds significant stress and could even slow your recovery. The best way to focus on your treatment and rehabilitation is to hand your case off to a legal professional.
Strategic Negotiations and Litigation
Successfully negotiating settlements or presenting a case in court requires strategic planning and experience. An attorney can effectively counter defense strategies, present compelling arguments, and advocate for your best interests.
An experienced Florida car accident attorney can navigate the legal system, deal with insurance, and fight for the fair and adequate compensation you need following a serious injury crash.
How a Lawyer Can Help With Your Florida Car Accident Case
A Florida car accident lawyer will provide critical assistance if you suffer a serious crash injury.
This could include:
- Providing Legal Advice: They offer legal advice tailored to your unique situation, helping you understand your rights and the best course of action specific to your case.
- Free Case Evaluation: A free case consultation can help you learn a lot about your options. Lawyers thoroughly evaluate the case to determine its strengths and weaknesses, providing a realistic assessment of the potential outcomes.
- Investigation: They have the resources to conduct a comprehensive investigation, including reconstructing the accident scene, consulting with medical experts, and gathering additional evidence that might not be easily accessible to you without their support and representation.
- Negotiation Skills: Experienced lawyers possess advanced negotiation skills, ensuring that settlement offers from insurance companies reflect the true value of the claim rather than the minimum amount the insurer might initially propose.
- Handling Paperwork: Having an attorney managing the extensive paperwork and documentation required for filing claims and lawsuits ensures accuracy and compliance with legal standards.
- Representation in Court: A lawyer can represent you at trial if a settlement cannot be reached. They will present a compelling case to the judge and jury to maximize the chances of a favorable verdict.
- Navigating Medical Care: Lawyers often have networks of medical professionals who provide care with payment deferred. Alternatively, your lawyer might file your PIP claim to cover your costs while they fight for compensation in a fault-based case.
- Financial Relief: By working on a contingency fee basis, personal injury lawyers provide financial relief when medical bills and lost income already burden you.
- Emotional Support: Beyond legal representation, lawyers offer emotional support and reassurance, guiding you through the often overwhelming legal process with empathy and understanding.
- Advocacy for Future Needs: Your lawyer will have a strong understanding of your future medical needs and the long-term effects of your injuries on your daily life.
By using their experience and resources to benefit your case, your Florida car accident lawyer could play a crucial role in helping you navigate claims. This includes protecting your rights and fighting for the best possible outcome.
Get Your Free Case Evaluation With Our Team Today
Our personal injury attorneys at Grife Law Firm provide complimentary initial case consultations for victims hurt in Florida car accidents. We can assess your options and determine if you may qualify to pursue a fault-based case and sue the at-fault motorist. We can also determine your statute of limitations if you need to sue for compensation.
Contact our Boca Raton team online or by calling (561) 998-0770.