If you’ve been injured in a car accident in Florida, time is one of the most important factors affecting your case. Generally, you have two years from the date of the car accident to file a personal injury lawsuit. Florida law strictly limits how long you have to file a lawsuit, and missing this deadline can permanently bar your right to compensation. Understanding the statute of limitations and how it applies to your motor vehicle accident claim can make or break your case.
What Is the Statute of Limitations in Florida?
A statute of limitations is a legal deadline that determines how long a party has before taking legal action in a matter. In a personal injury claim, this typically refers to the amount of time an injured person has to file a lawsuit against the at fault party in effort to recover damages. Florida courts strictly enforce the deadlines set out by the statute of limitations. Even a lawsuit filed one day late can be dismissed, regardless of the severity of injuries or how strong the evidence may be in your favor.
Florida’s New Deadline for Car Accidents
In March 2023, Florida passed House Bill 837, which resulted in several changes to Florida’s civil tort laws. One of the most significant changes was the statute of limitations deadline for negligence claims. The deadline was reduced from four years to only two years. This shorter timeframe applies to car accidents occurring on or after March 24, 2023.
Specifically, under Florida Statute § 95.11, the statute of limitations for most motor vehicle accident injury claims is the following:
- Two years from the date of the accident for personal injury claims
- Two years from the date of death for wrongful death claims
However, if your motor vehicle accident happened before March 24, 2023, the prior four-year deadline will apply.
For example:
- If your car accident occurred on January 1, 2023, then you will have until January 1, 2027, to file your lawsuit.
- If your car accident occurred on January 1, 2024, then you must file by January 1, 2026.
The difference between these deadlines could be the deciding factor of whether your case moves forward or dismissed. To determine which deadline rule applies, it is essential to confirm the exact date of your accident and discuss your case with a car accident lawyer who understands Florida’s new civil tort laws.
What Happens if You Miss the Deadline?
The statute of limitations sets out strict deadlines for taking legal action in your personal injury matter. If you miss the filing deadline, you can lose your right to seek compensation and recovery for your injuries.
In practice, the court may initially accept the submission of a lawsuit filed after the statute of limitations deadline. However, the defense can immediately raise this issue as a defense and ask the court to dismiss the case for failing to timely file the lawsuit. Regardless of how strong your evidence or injuries in the matter, the court can dismiss the case on these grounds alone.
Be mindful that insurance companies are aware of these deadlines. There are times the insurer may even delay the claims process in hopes of the time lapsing. If you believe the insurance company or claim adjuster is purposefully delaying your claim, reach out to an experienced attorney who may be able to bring a bad faith claim on your behalf. Acting early not only can strengthen your claim but can helps protect your rights to recovery.
Are There Any Exceptions to the Statute of Limitations?
While most car accident cases follow the two-year rule, there are some exceptions to be aware of where the statute of limitations is tolled or paused, including:
- Claims involving minors
- Matters involving victims who were previously incapacitated
- The person you are suing is absent from the state, concealing their identity, or evading process
Florida Statutes § 95.051 explains the exceptions in further detail. Keep in mind that these exceptions are narrowly applied. Even if you believe your case falls under an exception, you should still act quickly and speak with a car accident attorney to discuss your legal options.
When Should I Contact a Lawyer After a Car Accident?
Florida car accident victims should contact an attorney as soon as possible. Taking early action will give your attorney enough time to comply with the statute of limitations deadline and preserve your rights. Waiting too long may have unintended consequences as well.
As time passes, evidence may become harder to access, such as video footage or witness statements. Acting fast will make it easier for your attorney to investigate your claim and gather strong evidence to support your case.
We Can Help With Your Case
At DTT Legal, we have a deep understanding of the personal injury statute of limitations in Florida. If you have been injured in an accident, we will help you take timely legal action and fight for your right to recover the compensation you deserve. Contact us today for your free consultation.