The statute of limitations for a car accident in Florida is two years, and it's the same for most personal injury cases. Accordingly, you must file a lawsuit within two years of your crash or accident, or you could lose your right to compensation.
If you've been injured because of someone's negligence in Florida, you should reach out to a personal injury lawyer right away. That way, you can be sure that your rights are protected.
You can reach us at (321) LAWSUIT, and we will make sure you get a free consultation with an Orlando car accident lawyer at our firm. When you work with us, you pay nothing unless we recover money for you. Also, you get your lawyer's direct contact information, so you can get in touch with your lawyer when you need to.
How the Statute of Limitations Works in Florida
The statute of limitations is a legal stopwatch that usually starts when you get hurt. That stopwatch runs for 2 years in Florida cases based on general negligence. Therefore, if you have been in a car accident in Florida, you have 2 years to file your car accident case. If you do not file your case within that 2-year statute of limitations, you lose the right to file your case forever.
How the Case Type Can Affect the Statute of Limitations
If you fail to comply with the statute of limitations, you may lose the right to seek compensation for your injuries. Thus, you need to know the statute of limitations for your specific case type.
Some types of personal injury claims have different statutes of limitations in Florida. Below are the different categories of personal injury cases and their relevant deadlines. Note the nuances in the statute of limitations for the different case types.
Personal Injury Cases
Personal injury cases must be brought within two years in Florida. Personal injury cases include things like:
- Car Accidents;
- Semi-Truck Accidents;
- Pedestrian Hit By a Car;
- Bicycle Accidents;
- Slip and Fall Accidents;
- Trip and Fall Accidents;
- Premises Liability;
- Negligent Security;
- Amusement Park Accidents; and
- Boating Accidents.
Any type of case involving personal injuries and general negligence will need to be brought within the Florida 2-year statute of limitations. However, as we’ll talk about below, that statute of limitations is nuanced if the case is based on wrongful death or medical malpractice.
Wrongful Death Cases
Wrongful death cases are essentially personal injury cases brought on behalf of a person who died as a result of another’s negligence. The case is typically brought by the personal representative of the deceased person’s estate. Therefore, if someone died as a result of a fatal car accident in Florida, the personal representative, usually a close family member, might bring a wrongful death case against the careless driver.
In Florida, the statute of limitations for wrongful death cases is 2 years from the date of death. Note the nuance: For personal injury cases, the statute of limitations is two years from the date of the incident. For death cases, the clock starts running from the date of death.
Medical Malpractice Cases
In Florida, the statute of limitations for medical malpractice cases is 2 years. The same is true for dental malpractice cases and any other case based on the negligence of a medical professional. That 2-year clock starts running from the date you were injured or from the date you discovered your injuries.
However, unless there is fraud involved, no medical malpractice case may be brought more than 4 years after the date of the incident, regardless of when you discovered the injury. This is called the statute of repose in Florida.
Cases Involving a Minor
Children under the age of 18 who are injured because of an auto accident or because of general negligence can bring a lawsuit once they reach the age of 18. In other words, the statute of limitations is tolled while they are under 18.
Why You Don't Want to Miss the Statute of Limitations
If you miss the statute of limitations in Florida, you lose your right to seek compensation. In other words, your case will be worth nothing, regardless of how extensive your damages are and how egregious the defendant driver's behavior was. The statute of limitations is a hard deadline in Florida.
Why You Should Not Wait to Hire an Orlando, Florida Car Accident Attorney
Evidence tends to disappear, and it tends to disappear quickly. You need an attorney to investigate your case, to review the police report, to reach out to any witnesses, and to visit the scene of the accident, if necessary, and gather any available evidence. For example, tire marks erode with time, and businesses don’t keep their camera footage forever.
Additionally, most new vehicles contain black box data, which holds useful information about the driver’s speed and braking. However, many vehicles don’t hold that black box data for longer than 30 days. Therefore, you need an attorney to perform a quick and thorough investigation to make sure that you have every available piece of useful information stacked in your favor.
In addition to the investigation, you need an attorney to protect you from the insurance company’s agents. Soon after a Florida car accident, the insurance company folks will be reaching out to you. They will ask you to tell them about your injuries, and they may ask you to give a recorded statement or to sign something.
These people are not your friend. Their entire purpose is to minimize your claim. Therefore, they will be working against you from the start, and you need an attorney in your corner to make sure you get the money you deserve and to make sure your rights are protected.
Frequently Asked Questions About the Statute of Limitations
Did the Car Accident statute of limitations in Florida change?
Yes, the statute of limitations in Florida changed from 4 years to 2 years. The statute of limitations for personal injury cases in Florida was four (4) years for accidents that occurred prior to March 2023. The law changed in 2023, and it is now two (2) years. Consult with an attorney for more details on how the statute of limitations applies to your case.
Do different states have different deadlines?
Different states have different statutes of limitations. The statute of limitations for car accident cases in Florida is 2 years. However, if your car accident occurred in South Carolina or North Carolina, the statute of limitations is 3 years. Like in Florida, if that same accident happened in Georgia or Alabama, the statute of limitations is only 2 years. In Tennessee, the statute of limitations is only 1 year. Therefore, it’s critical to pay attention to when and where your car accident occurred so that you don’t lose the right to seek compensation for your injuries.
Can You File A Lawsuit After the Statute of Limitations?
Yes, technically you could. But, the case will be dismissed, and the defense will likely seek sanctions. Therefore, there are very real penalties for filing a lawsuit after the statute of limitations expires, similar to filing a frivolous lawsuit.
Is the Statute of Limitations Different for Trucking Accidents than for Car Accidents?
No, all motor vehicle accidents are subject to the two-year statute of limitations in Florida. Thus, the statute of limitations is the same for all motor vehicle accidents, regardless of what kind of vehicle is involved.
How Long Do You Need to Be Able to File A Lawsuit Before the Statute of Limitations Runs?
Most of the time, we need several days to file a lawsuit. It takes time to gather information and draft a lawsuit with the proper facts and causes of action. However, we have signed people up and filed lawsuit within 24 hours and less. Sometimes, we have to do what we have to do to protect people. But, it's nice to have at least a few days to do a basic investigation and craft the lawsuit.