Florida Car Accident Statute of Limitations

What Is a Statute of Limitations?

A statute of limitations is effectively a deadline for taking legal action after an event. While it might be more convenient to have unlimited time to file a lawsuit or otherwise take legal action, statutes of limitations help keep the court system as fair as possible. These are a few reasons these statutes are so important:

• Witnesses’ memories can fade over time
• As time passes, it becomes harder to find reliable evidence 
• Litigating older cases can be costly
• It can be unfair to suddenly take legal action against someone after many years

There are statutes of limitations for both criminal prosecution and civil action. If you’ve been hurt in a car accident, and are considering filing a civil lawsuit to pursue compensation, you should be aware of the Florida personal injury statute of limitations.

Florida Statute of Limitations on Car Accident Lawsuits

In Florida, the statute of limitations for car accident lawsuits is two years. This is the case for negligence-based personal injury and property damage claims. Here’s how the statute of limitations works for different types of car accident lawsuits:

• Personal injury: Two years from the date of the injury.
• Wrongful death: Two years from the date of death.
• Property damage: Two years from the date of property damage.

The statute of limitations was changed in 2023 as part of Florida’s sweeping tort reform. Previously, the statute of limitations was four years for negligence-based claims, including those for personal injury, wrongful death, and property damage.

The two-year statute of limitations is a general rule that applies in most cases. However, in some circumstances — like when symptoms of your injuries don’t appear right away, or the at-fault driver flees the state to avoid being held accountable — you may have more time.

Even if you think the statute of limitations has run out, it’s still worth consulting an attorney to see if you might have a case.

Statute of Limitations for Florida Car Accident Claims

While the two-year statute of limitations is a general rule, there are several potential exceptions outlined in Florida state law:

If Your Injuries or Symptoms Are Not Immediately Evident

In many cases, injuries from a car accident show up right away. However, if your injury was not diagnosed for months or years after the accident, you may have additional time to file.

If You Were Under 18 at the Time of the Injury

Legally speaking, children cannot file lawsuits, and some parents will not file lawsuits on their children’s behalf. Consequently, the statute of limitations can sometimes be “frozen” until an underage victim turns 18.

If You Were Incapacitated

If you are severely injured in an accident, you likely will not be able to file a lawsuit immediately. If you suffer a long period of incapacity (like if you’re in a coma for six months, and still have cognitive issues after), you may be granted more time.

If the Defendant Has Tried To Hide To Avoid Being Sued

Sometimes, the responsible party in a car accident will flee the state or try to hide until the expiration of the statute of limitations. Car accident lawsuits can be costly, and some negligent drivers will try to hide to avoid responsibility. If this is the case, the court will likely give you more time to file a lawsuit.

Contact an Experienced Florida Car Accident Lawyer

Many injured people wonder if they can save money by representing themselves in a car accident lawsuit. You can technically represent yourself — there’s no law requiring you to have a lawyer to file a lawsuit — but you’re unlikely to save money doing so. In nearly every case, you’ll be able to recover more compensation with a lawyer than without one.

It’s also critical to reach out to a lawyer sooner rather than later. While it’s wise to make sure you’re familiar with Florida’s statute of limitations, that doesn’t mean you should wait until the last minute to contact an attorney.

It takes time for a Miami car accident lawyer to put together a strong case, so you don’t want to wait so long that your attorney will have to rush through gathering evidence and filing your lawsuit.
The stronger your case, the better your chance of securing the compensation you deserve. Don’t wait — act as soon as possible to protect your right to take legal action.

Have You Been Hurt in a Car Accident?

If you’ve been badly injured in a car accident you didn’t cause, you don’t need just any attorney — you need an experienced, committed advocate who will fight for you to get the compensation you deserve. 

Bernstein & Maryanoff, Injury Attorneys, has recovered millions for our injured clients, and we may be able to help you, too. Working with us is risk-free; you only pay if we recover compensation for you.

Call us or get in touch online to set up your free consultation today.

Citations:

FLA STAT § 95.051. (2025).
FLA STAT § 95.11(5). (2025).
Statute of Limitations. (2025).