Car Accident Statute of Limitations
If you’ve been hurt in a car crash and are considering filing a lawsuit, there’s one legal concept you should be very familiar with: the statute of limitations. Car accidents can cause serious injuries, so it’s not always possible to contact a lawyer right away.
However, if you don’t file your lawsuit before the end of the statute of limitations, you will lose the right to sue forever.
After an accident, you should act as quickly as possible to protect your rights. If you schedule a free consultation with Bernstein & Maryanoff, Injury Attorneys, we can help you understand whether filing a car accident lawsuit should be your next step.
Contact us to get immediate legal help for your car accident.
Why You Need To Understand Florida’s Statute of Limitations
What are statutes of limitations? A statute of limitations is a time limit or deadline to file a legal case. It’s important to understand that civil and criminal statutes of limitations are different:
- Civil statutes of limitations set the maximum amount of time you have to sue someone.
- Criminal statutes of limitations set the time limit to prosecute someone for a crime.
Both criminal and civil statutes of limitations vary by state. There are several purposes and benefits to being familiar with local statutes of limitations:
Preserve Your Legal Rights
In Florida, you have two years from the date of your car accident or other injury to file a lawsuit. This is a relatively new change; until 2023, the statute of limitations for most personal injury cases was four years.
Avoid Automatic Dismissal
If you file a case after the deadline set by the statute of limitations, it will be automatically dismissed. This is true no matter how strong your case is.
Navigate Special Exceptions
There are certain exceptions you should know about before filing. For instance, if you are incapacitated from a car accident injury, you may have longer to file a lawsuit.
Protect Against Worsening Injuries
Because some injuries unexpectedly worsen, your lawyer may sometimes recommend not filing right away.
Ensure Proper Documentation
To have a successful personal injury case, you generally need significant documentation and other evidence, but gathering that documentation takes time. When you talk to a lawyer sooner rather than later, you improve your chances of a successful case.
Curious about Florida’s slip-and-fall statute of limitations? Take a deep dive with our recent blog.
Florida’s Statute of Limitations for Car Accidents
The statute of limitations on car accident claims in Florida is two years. This means that you have two years from the date of the accident to file a lawsuit for any accident-related injuries.
When it comes to the statute of limitations, Florida car accident victims have less time to file a lawsuit than accident victims in other states. There are a few different reasons for this:
It Makes Gathering Evidence Easier
Over time, memories fade and documents become harder to track down. Having a relatively short statute of limitations increases the likelihood that car accident cases will include complete, accurate documentation.
It Speeds Up Resolution
If cases are resolved sooner, it reduces court backlogs and total litigation costs.
It Keeps Insurance Premiums Lower
When statutes of limitations are shorter, insurance companies spend less on litigation, which keeps insurance premiums lower for everyone.
How Long After a Car Accident Can You Sue?
You generally have two years after the date of the accident to sue. However, there are certain circumstances that may extend the statute of limitations. Our team can help determine whether you qualify for one of these exceptions.
Difference Between Property Damage and Personal Injury Statutes
In some states, you have less time to file a claim for property damage than you do for personal injury. Serious injuries have a major negative impact on your life, so it’s understandable why you sometimes have more time to file.
However, in Florida, the statute of limitations for property damage caused by negligence is the same as the statute for most kinds of personal injury: two years.
How Is the Statute of Limitations Calculated?
Each state has the authority to set their own statutes of limitations. Generally, they take these factors into account when determining the statute of limitations for different wrongful or negligent actions:
- The severity of the action or offense.
- Whether there is a danger to others.
- How long it takes the victim/injured person to recover.
- Whether an injury or other damage was discovered later.
- Whether the victim is incompetent or incapacitated.
In criminal cases, many of the most serious offenses (like murder) have no statute of limitations.
What Are the Risks of Missing the Statute of Limitations?
Delays in general are not ideal for any personal injury claim. If it’s been several years, eyewitnesses may not be able to remember valuable details, and accessing camera footage and other evidence may become more difficult.
However, if the delay is so substantial that you miss the statute of limitations, that’s even worse. Once the statute of limitations has run out, you no longer have the right to pursue legal action — the strength of your case doesn’t matter.
You shouldn’t take the risk of missing the statute of limitations. Florida car accident lawyers understand how these laws apply to your case, so you should get in touch as soon as possible after an accident.
How Long After the Car Accident Can You Claim Injury in Florida?
Before you file a car accident lawsuit, you generally must file an insurance claim. However, how long can you file a claim after a car accident? Under Florida law, you must seek medical attention within 14 days of the accident and file a personal injury protection (PIP) claim within 30 days of the accident.
Car Accident Claims Process in Florida
The car accident claims process can be stressful and overwhelming, and having an attorney guide you can boost your chances of success. Having an idea of how it works beforehand can be helpful:
1. Gathering Evidence
Before you attend your legal consultation, do your best to gather medical bills, the police report for your accident, and any other evidence you may have. Your lawyer can help you gather additional evidence.
2. Negotiating With Insurance Companies
This is where having an attorney by your side becomes critical. Attorneys are skilled negotiators, and when you have a lawyer, your insurer has an incentive to settle. They know that if they don’t offer a reasonable amount, your lawyer will file a lawsuit.
3. Filing a Lawsuit
It’s important to understand that while you must file your lawsuit before the statute of limitations has expired, the lawsuit does not have to be resolved before that date.
4. Mediation and Trial
Sometimes, your lawyer might be able to settle with the insurance company before the case goes to court. If that doesn’t work, you might need to attend mediation. Going to trial is a last resort.
When Did the Statute of Limitations for Personal Injury Change in Florida?
Florida’s former statute of limitations granted car accident victims (and most other personal injury victims) four years from the date of the accident to file a lawsuit. In 2023, it was reduced by half. Now, if you’ve been hurt in a car accident, you have two years to file a lawsuit.
This change was part of Florida’s broader goal of “tort reform.” Tort reform aims to reduce the total number of civil lawsuits filed — and thus, reduce the cost of litigating these lawsuits.
If you aren’t sure if the change in the statute of limitations applies to your case, we suggest scheduling an appointment as soon as possible.
Visit our blog to learn more about the Florida personal injury statute of limitations.
Potential Exceptions to the Statute of Limitations
Like most states, Florida has some exceptions to its statute of limitations. However, laws surrounding statutes of limitations are very complex, so you should never delay talking to an attorney because you think you have more time.
These are a few situations that may qualify for an exception to the statute of limitations:
- You are in a coma or otherwise incapacitated after the accident.
- The at-fault party is hiding to avoid justice.
- You discovered your injuries weeks or months after the car accident.
- The at-fault party is currently facing criminal charges.
It’s very important to understand that even if your case falls into one of the above categories, you still must go through an individual case review before being given an extension to file your lawsuit.
The Bernstein & Maryanoff team has decades of experience helping clients navigate even the most complex of cases. We can discuss your case and tell you whether your case is an exception.
Situations Where Special Deadline Rules Apply
You should never assume you qualify for an exception to the statute of limitations unless an attorney tells you so. However, these are some situations where you may have more than two years to file a lawsuit:
1. Death Following Accident
If your loved one dies after being injured in a car accident, you may be able to file a wrongful death lawsuit instead of a personal injury lawsuit. For a wrongful death lawsuit, the statute of limitations is two years after the death — not two years after the accident.
2. Mental Incapacity or Minors
The statute of limitations works differently if a victim is mentally incapacitated or is a minor. In this case, the statute “pauses” until the victim reaches age 18 or regains mental capacity.
However, this pause is not automatic. It can’t exceed seven years past the date of the accident, and it requires extensive documentation. If you think you may qualify, get in touch with us first.
3. Defendant Leaves Florida
Sometimes, defendants in civil lawsuits will leave the state to avoid responsibility. However, in Florida, the statute of limitations pauses when someone leaves the state and resumes when they return.
4. Government-Related Accidents
While it’s possible to sue the government, doing so is more complex and often involves shorter timelines. If a government employee was at fault for your accident, you generally have six months to file an initial administrative claim. If this claim is denied, you may have three years to file a personal injury lawsuit.
How Bernstein & Maryanoff, Injury Attorneys, Can Help You
The team at Bernstein & Maryanoff is committed to standing up for the rights of injured people. For more than three decades, we’ve been fighting the insurance companies to secure the compensation our clients deserve.
If you’ve been hurt in a car accident, time is of the essence. The sooner you get in touch with us, the more time we have to build a strong case on your behalf.
Get skilled legal advice now. Call 1-800-429-4529 for your free consultation, or send us a message online.
FAQ
Why Do Statutes of Limitations Exist?
Statutes of limitations are meant to keep the legal system fair. Because it’s harder to find evidence over time and witness memories become more unreliable, the legal system restricts the time you have to file civil suits (and the time the government has to file criminal charges).
What Happens If You Miss the Statute of Limitations?
The deadline set by the statute of limitations is very strict. If you miss the statute of limitations, you forfeit your right to file a civil lawsuit.
Can the Statute of Limitations Be Extended?
In some cases, it can. However, exceptions to the statute of limitations are rare and subject to individual case reviews. Never assume that you qualify for an exception — consult with a lawyer first.
How Do You Know If the Statute of Limitations Applies to Your Case?
Broadly speaking, the statute of limitations applies to all personal injury cases, including those involving car accidents. If you think you may qualify for an exception, the only way to know for sure is to contact an experienced Florida personal injury attorney.
What Evidence Should You Gather Immediately After a Car Accident?
If you aren’t too injured to do so, you should photograph damage to vehicles, license plates, and the surrounding area. You should also collect the other driver’s contact information, driver’s license, and insurance information.
Citations:
Negligence. (2023).
About the Author
Jack G. Bernstein, ESQ.
Jack Bernstein is a hard-working and highly motivated personal injury attorney in Miami, Florida with over three decades of experience. He is a strategist and idea person, with a genuine passion for helping his firm’s clients. If you’ve been injured, contact Jack Bernstein today for a free evaluation of your case.