Car accidents can happen in the blink of an eye, but the aftermath can feel like a long and stressful ordeal. If you’ve been injured in a car accident, one of the most important things to understand is how long you have to file a personal injury claim. Failing to act within the appropriate timeframe can result in losing your right to seek compensation for your injuries and damages. In this blog, we’ll cover Florida’s statute of limitations for filing personal injury claims, the factors that can influence this deadline, and why it’s crucial to act quickly.
The Statute of Limitations in Florida
The statute of limitations is a legal time limit set by state law that determines how long you have to file a lawsuit after an accident. In Florida, the statute of limitations for filing a personal injury claim resulting from a car accident is typically two years from the date of the accident. This time limit was reduced from the previous four years as of March 24, 2023, under House Bill 837.
If you fail to file your claim within this two-year window, you risk losing the ability to recover any compensation for your injuries, medical expenses, lost wages, and other damages related to the accident. This makes it critical for car accident victims to understand the timeline and take prompt legal action.
When Does the Statute of Limitations Begin?
The clock starts ticking on the day of the car accident. However, in some cases, the injuries sustained might not be immediately apparent. For example, symptoms of whiplash, internal injuries, or traumatic brain injuries could take days or even weeks to manifest. While the statute of limitations is typically tied to the date of the accident, exceptions exist for situations where the injury is discovered later, as discussed below.
Exceptions to the Statute of Limitations
There are certain situations where the statute of limitations may be extended. These exceptions, however, are rare and typically apply in very specific circumstances, such as:
- Delayed Discovery of Injuries
If an injury from a car accident is not immediately apparent, the statute of limitations may be extended. This is referred to as the “discovery rule.” In these cases, the clock starts ticking from the date the injury is discovered or should reasonably have been discovered, rather than the date of the accident. For instance, if a victim develops complications from a head injury weeks after the accident, the statute of limitations may begin at the point of discovery. - Claims Involving Minors
If the injured party is a minor at the time of the accident, the statute of limitations may be extended. In Florida, the two-year window typically does not begin until the minor reaches the age of 18. This allows minors to file a claim for personal injuries sustained in a car accident, even if several years have passed. - Accidents Involving Government Entities
If your car accident involved a government vehicle, such as a city bus or police car, you may need to follow a different set of rules. Claims against government entities often have shorter deadlines, with some requiring that you file a notice of claim within six months of the accident. In these cases, it is essential to consult with an attorney as soon as possible to avoid missing these tighter deadlines.
The Importance of Acting Quickly
While Florida’s statute of limitations gives you up to two years to file a personal injury claim, waiting too long can harm your case. Acting promptly can strengthen your chances of securing the compensation you deserve for several reasons:
- Preserving Evidence
The more time that passes after a car accident, the more difficult it can be to gather crucial evidence. Skid marks may fade, surveillance footage may be erased, witnesses may become harder to locate or their memories may fade. Filing your claim soon after the accident helps ensure that valuable evidence is preserved and strengthens your case. - Medical Documentation
After a car accident, it’s important to seek medical attention right away, even if you don’t feel injured at the time. Some injuries can take days or weeks to present symptoms. By seeking prompt medical attention, you create a clear record of your injuries that can be used as evidence in your personal injury claim. Delaying treatment can weaken your case and give insurance companies a reason to question the severity of your injuries. - Insurance Company Tactics
Insurance companies often try to minimize the amount they pay out in personal injury claims. One common tactic they use is to delay negotiations in the hopes that you will miss the filing deadline or accept a low settlement offer out of frustration. The sooner you file your claim and begin negotiations, the less time the insurance company has to drag out the process. - Building a Strong Case
Filing a personal injury claim involves more than simply filling out paperwork. Your attorney will need to investigate the accident, gather evidence, interview witnesses, and consult with experts to build a strong case. The longer you wait to begin this process, the harder it may be for your attorney to gather the necessary information to support your claim.
What Happens If You Miss the Deadline?
If you miss Florida’s two-year statute of limitations, your case will almost certainly be dismissed, and you will lose the right to recover compensation for your injuries. This can leave you responsible for paying your medical bills, lost wages, and other expenses out of pocket. There are very few exceptions to this rule, so it’s critical to act within the time limits set by Florida law.
How a Personal Injury Lawyer Can Help
Navigating the legal process after a car accident can be overwhelming, especially if you are recovering from serious injuries. An experienced personal injury lawyer can help ensure that your claim is filed within the appropriate time frame and that your rights are protected throughout the process. Your lawyer can handle the details of your case, from gathering evidence and negotiating with insurance companies to filing a lawsuit if necessary.
If you’ve been injured in a car accident, it’s important to consult with a lawyer as soon as possible. Your attorney will review the facts of your case, help you understand the applicable statute of limitations, and guide you through the steps needed to seek compensation.
Schedule Your Free Consultation Today
After a car accident, it’s crucial to act quickly to protect your rights and secure the compensation you deserve. In Florida, you typically have two years from the date of the accident to file a personal injury claim, but exceptions and complications can arise. By seeking prompt legal advice and taking swift action, you can ensure that your case is handled properly and that you are in the best position to recover damages for your injuries.
If you’ve been injured in a car accident in Florida, the experienced Miami personal injury attorneys at Neufeld & Kleinberg, PA are here to help. Contact us today at (305) 931-6666 to discuss your case and ensure that your claim is filed on time.
Note: This article is intended for informational purposes only. Our dedicated team compiles accident news reports using a variety of trusted external sources, such as local news outlets, official police reports, social media updates, and eyewitness statements regarding incidents in Florida. While we strive for accuracy, the facts in this post have not been independently verified by our writers. If you identify any inaccuracies, please contact Neufeld & Kleinfeld, PA, immediately, and we will promptly address any corrections. Posts can also be removed upon request.
Disclaimer: This post is not intended as a business solicitation. The information provided should not be interpreted as medical or legal advice. Additionally, the photo accompanying this post does not depict the accident scene described in this post.