If you’ve been injured in a crash, you may be wondering how long you have to take legal action. The answer lies in the Florida auto accident statute of limitations, which sets strict deadlines for filing a lawsuit after a car accident. Missing this window can prevent you from recovering compensation for your injuries, no matter how valid your case may be.
Understanding Florida’s Statute of Limitations for Auto Accidents
As of March 24, 2023, Florida law gives you two years from the date of the crash to file a personal injury lawsuit. This two-year rule applies to most negligence cases, including car accidents. If your loved one passed away because of a crash, the deadline for filing a wrongful death lawsuit is also two years from the date of death. Before this change, victims had four years to file, but the new law significantly shortens that period.
FAQ: What happens if I miss the deadline?
If you miss the deadline, the court will likely dismiss your case. Once that happens, you lose your right to seek compensation.
Why Filing Deadlines Matter for Your Claim
The deadline to file a car accident case in Florida isn’t just a procedural rule; it can decide whether or not you get justice. Insurance companies know about these time limits and may try to delay or deny your claim, hoping the clock runs out.
Filing on time helps you:
- Protect key evidence such as police reports and witness statements.
- Ensure your medical treatment and injuries are properly documented.
- Keep strong leverage during settlement talks with insurance companies.
FAQ: Do I need to hire an attorney right away?
Yes, preferably as soon as possible. A personal injury lawyer can protect your rights from day one, handle communication with insurers, and make sure your lawsuit is filed before the statute of limitations expires.
Exceptions That May Extend or Shorten the Deadline
Some cases have special rules that can extend or shorten the Florida personal injury claim timeline:
- Minors: If the injured person is under 18, the deadline may be paused until adulthood, with certain limits.
- Incapacitated Victims: If a person is mentally or physically unable to act, the timeline may be temporarily paused.
- Government Claims: If a government vehicle or agency is involved, you must file a special notice within a much shorter timeframe, often within months.
FAQ: How do I know if an exception applies to me?
An experienced attorney can review your situation and confirm whether you qualify for an extension under Florida law.
Steps to Take Before the Statute of Limitations Expires
If you’ve been hurt in a Florida car accident, take these steps as soon as possible:
- Get Medical Attention: Your health and recovery come first.
- Report the Crash: File a police report and notify your insurance company.
- Collect Evidence: Gather photos, witness contact info, and accident details.
- Track Deadlines: Keep a note of when your two-year window ends.
- Call an Attorney: A lawyer can manage every step of your claim and ensure you file before the deadline.
FAQ: How soon should I contact a lawyer after an accident?
It’s best to contact an attorney right away so they can protect evidence, deal with insurers, and calculate your exact filing deadline.
The Florida auto accident statute of limitations gives injured drivers and passengers a limited time to seek justice. Acting quickly ensures your case stays on track and your rights are protected. If you’ve been injured in a car crash, don’t wait; call Hancock Injury Attorneys today at 813-915-1110 or reach out through our contact form for a free consultation.