Statute of Limitations for Car Accident Claims in Florida: Top Questions

Understanding the statute of limitations for car accident claims in Florida is essential for anyone involved in a vehicular accident within the state. The statute of limitations dictates the timeframe within which you can file a lawsuit after an accident occurs. Missing this crucial deadline can result in losing the right to pursue compensation for damages and injuries sustained. It is, therefore, paramount to grasp the intricacies of this legal timeframe to ensure your rights are preserved and justice is sought in a timely manner.

What is the Statute of Limitations for Car Accident Claims in Florida?

In Florida, the statute of limitations for car accident claims is typically four years from the date of the accident. This means that an individual who has been involved in a car accident has four years to file a lawsuit against the responsible party. This timeframe applies to most personal injury claims arising from car accidents, including those involving bodily injury and property damage. However, this period can vary depending on the specifics of the case and the type of claim being filed. For instance, if the accident resulted in a fatality and a wrongful death claim is being pursued, the statute of limitations is reduced to two years from the date of death.

Why is the Statute of Limitations Important?

The statute of limitations is a legal mechanism designed to ensure claims are made while evidence is still fresh and witnesses’ memories are still clear. Filing within this period is crucial as it provides a fair opportunity for both the plaintiff and the defendant to present their case with relevant and reliable evidence. Missing the statute of limitations can result in the court dismissing the case, regardless of its merits. This dismissal means that the injured party will no longer have a legal avenue to seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the accident.

Are There Exceptions to the Statute of Limitations?

While the four-year rule is the standard, there are exceptions that can either extend or shorten this period. One notable exception is the discovery rule, which may apply if the injuries or damages were not immediately apparent. In such cases, the statute of limitations may begin from the date the injury or damage was discovered or reasonably should have been discovered. Additionally, if the at-fault party leaves the state after the accident and before a lawsuit is filed, the period they are absent might not count towards the statute of limitations. Minors or individuals with mental incapacities at the time of the accident may also have extended periods to file a claim. Consulting with a knowledgeable attorney is essential to understand how these exceptions may apply to a specific case.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What Should You Do After a Car Accident in Florida?

After a car accident, the immediate steps taken can significantly impact the success of a future claim. It is crucial to seek medical attention even if injuries seem minor, as some injuries may not manifest symptoms immediately. Documenting the accident scene, gathering witness information, and obtaining a copy of the police report can provide valuable evidence for your claim. Notifying your insurance company promptly is also important, as many policies require timely reporting of accidents. While dealing with these immediate concerns, it is wise to consult an attorney who can guide you through the complexities of filing a claim and ensure you do not miss the statute of limitations.

How Does the Statute of Limitations Affect Insurance Claims?

The statute of limitations primarily affects lawsuits, but it can also influence insurance claims. Insurance companies may consider the statute of limitations when evaluating claims, particularly if negotiations extend close to the deadline. If an insurance settlement cannot be reached and the statute of limitations is approaching, it may be necessary to file a lawsuit to preserve your right to compensation. Insurance adjusters are well aware of these deadlines and may use them to pressure claimants into accepting lower settlements. Therefore, being aware of these time constraints and working with an attorney can help protect your interests.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Can the Statute of Limitations Be Extended?

In certain circumstances, it is possible for the statute of limitations to be extended, but these instances are rare and often involve complex legal arguments. One possible scenario is fraudulent concealment, where the at-fault party deliberately hides evidence of their liability. In such cases, the statute of limitations may be tolled, or paused, until the fraud is discovered. Another scenario involves ongoing negotiations or settlement discussions that might delay the filing of a lawsuit. It is essential to understand that these extensions are not automatic and require thorough legal justification. Engaging an attorney can help navigate these complex scenarios and ensure all necessary actions are taken within the appropriate timeframes.

What Happens If You Miss the Statute of Limitations?

If the statute of limitations expires before you file a lawsuit, the consequences can be severe. Generally, courts will dismiss cases filed after the statute of limitations has passed, leaving the injured party without a legal remedy. This dismissal is usually final, meaning there is no opportunity to refile the case. There are very few exceptions to this rule, and they typically involve extraordinary circumstances. Missing this critical deadline can result in the loss of potential compensation for medical bills, rehabilitation costs, lost income, and other accident-related expenses. It underscores the importance of understanding and adhering to the statute of limitations.

How Can an Attorney Help with the Statute of Limitations?

Navigating the legal complexities of car accident claims can be overwhelming, especially when dealing with injuries and recovery. An experienced attorney can provide invaluable assistance by ensuring all legal deadlines are met and your rights are protected. They can investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, file a lawsuit within the statute of limitations. By managing these legal aspects, an attorney allows you to focus on your recovery while ensuring that your claim is handled effectively and efficiently. Having legal representation can also improve the chances of obtaining a fair settlement or verdict.

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Is It Worth Filing a Claim Close to the Deadline?

Filing a claim close to the statute of limitations deadline can present challenges, but it is still worth pursuing. While there may be time constraints on gathering evidence and preparing the case, a dedicated attorney can expedite these processes to ensure your claim is filed on time. Waiting until the last minute is not ideal and can limit your legal options, but it does not mean you should forgo your right to seek compensation. Prompt action, even close to the deadline, can help protect your interests and provide the opportunity to recover damages for your injuries and losses.

What Steps Can Be Taken to Avoid Missing the Statute of Limitations?

To avoid missing the statute of limitations, it is crucial to take timely action following a car accident. Seeking immediate medical attention, documenting the accident, and reporting it to your insurance company are vital first steps. Consulting with an attorney as soon as possible can provide clarity on the legal timelines and ensure all necessary paperwork is filed promptly. Staying informed about the progress of your claim and maintaining open communication with your attorney can help prevent any oversights. Proactive measures and early legal advice can safeguard your rights and facilitate a smoother claims process.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Importance of Legal Assistance

Understanding the statute of limitations for car accident claims in Florida is crucial for anyone seeking justice and compensation after an accident. The four-year timeframe is a standard rule, but various exceptions and complexities can impact this period. Immediate and informed action, coupled with legal guidance, can significantly enhance the chances of a successful claim. Consulting with an attorney can provide the necessary support and experience to navigate these legal intricacies and ensure that your rights are protected.

Contact Serrano Law Today

If you or a loved one has been involved in a car accident in Florida, don’t wait to seek legal assistance. Contact Serrano Law today to discuss your case and ensure that your claim is filed within the appropriate timeframe. Our dedicated team is here to provide the support and representation you need to secure the compensation you deserve. Contact us now to schedule a consultation and take the first step towards justice and recovery.