A car accident can quickly turn your life upside down due to injuries, vehicle repairs, and dealing with insurance companies. Amid everything you’re dealing with, it’s important not to miss an important legal deadline: Florida’s statute of limitations for car accident claims. A statute of limitations is a strict time limit on your right to file a lawsuit. Being aware of this deadline ensures you don’t miss your ability to recover damages.
What is the Statute of Limitations?
A statute of limitations is a legal deadline, setting the time you have to pursue a claim following an accident. If this deadline isn’t met, you usually lose your right to sue the at-fault party, regardless of how strong your case might be. The purpose of these laws is to ensure that legal claims are brought forward in a timely manner, helps ensure the integrity of evidence in preserved (i.e. witness recollections), and prevents the indefinite threat of a lawsuit hanging over a potential defendant. For those injured in a crash, acting quickly is very important. Wettermark Keith’s experienced car accident attorneys in Panama City, Florida will review your case, protect your rights, and fight for the full compensation you deserve.
What is the Statute of Limitations in Florida for Car Accident Claims?
Florida law imposes deadlines on car accident claims, so understanding when you need to file a claim is important to protect your right to compensation.
Personal Injury Claim
The two-year personal injury/negligence deadline is Florida Statutes § 95.11(4)(a), as amended by HB 837 (effective March 24, 2023).
Property Damage Claim
Florida Statute § 95.11 allows four years from the date of an accident to pursue claims related to property damage (i.e. damage to your vehicle).
Wrongful Death Claim
Florida’s Wrongful Death Act §§ 768.16–768.26 gives you two years from the decedent’s death, rather than from the date of the accident.
Claims Against Government Entities
If the crash involves a government entity (i.e. state, county, or city vehicle), there are special notice and timing rules under Florida Statutes § 768.28.
- You usually first must file a written notice of claim with the government agency within three years of the accident for injury or property damage.
- Before filing a lawsuit, many claims mandate a waiting period after notice has been given.
- Wrongful death claims against government entities may have separate notice and deadline rules as well.
What Are Exceptions to Filing Deadline Claims in Florida?
Although filing deadlines under Florida law are generally strict, certain conditions can temporarily halt or extend the filing period. These exceptions are complicated and apply to only a small number of cases, but are helpful to know if they apply in your case.
- Cases involving minors⎯If the person injured in the accident is a minor (under 18), the statute of limitations may be extended. For minors, the statute of limitations usually doesn’t take effect until they turn 18.
- Claims against government entities⎯If your claim is against a government agency in Florida, the rules are different and more complex. You are required to provide a formal notice of your claim to the correct government body within a much shorter timeframe before you can even consider filing a lawsuit.
- Discovery rule⎯In some injury cases, the harm is not immediately apparent. The discovery rule can sometimes pause the statute of limitations clock until the injury is discovered or reasonably should have been discovered.
What Should I do After a Car Accident in Florida?
Here are the steps to take after a car accident:
- Ensure your safety and those of any passengers. Move your vehicle to a safe location, if possible.
- Call 911 immediately to report the accident and don’t admit fault.
- Take photos and videos of the accident scene like weather conditions, signs, vehicles, license plates, and any visible injuries.
- Even if injuries seem minor, get checked by a medical professional as soon as possible. Some injuries like whiplash or internal trauma may not be immediately apparent. Document all medical visits and treatments because this will be important for insurance and future legal claims.
- Notify your insurance company and never admit blame or speculate about the accident because this could be used against you later.
- Contact a Florida car accident attorney immediately to make sure your rights are protected, all claims are filed on time, and you get the compensation you deserve.
Top Florida Car Accident Lawyers At Wettermark Keith
These deadlines may seem far away at the moment, however, a strong legal case takes time, so it’s important to act quickly and contact Wettermark Keith’s Florida car accident lawyers. We will protect your rights, gather evidence, medical records, deal with insurance companies, and negotiate on your behalf. Waiting until the last minute can jeopardize your right to seek compensation. Contact us today at (877) 455-4518 for a free case review.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. For specific guidance regarding your situation, consult a licensed attorney.
