If you’ve been involved in a car accident in Florida, understanding the deadlines for filing a claim is essential for protecting your legal rights. At Serrano Law, we know how overwhelming the aftermath of an accident can be, especially when it comes to managing medical bills, insurance claims, and the recovery process. However, one of the most important aspects you need to be aware of is the time limit for filing your claim, also known as the statute of limitations.
Florida law imposes strict deadlines, and if you miss these, you may lose the ability to pursue compensation for your injuries or damages. Below, we explain the time limits, important exceptions, and what you can do to ensure you don’t miss out on your chance to recover.
What is the Statute of Limitations in Florida? 
The statute of limitations refers to the maximum period you have to file a lawsuit after an incident such as a car accident. In Florida, you typically have four years from the date of the accident to file a claim for personal injury. This is the most common time frame, but there are important nuances to keep in mind, as certain factors could affect the timeline.
Four Years to File Personal Injury Claims
If you have suffered injuries as a result of a car accident, Florida law generally allows you four years from the date of the accident to file a personal injury lawsuit. This four-year period is crucial because once it expires, you may be barred from pursuing legal action.
- The clock starts ticking the moment the accident occurs, not when you realize the extent of your injuries. So, it is vital to act quickly.
- Four years may sound like a long time, but it’s important to start the process as soon as possible. Over time, evidence may fade, memories may become unclear, and witnesses may become unavailable, which could weaken your case.
What Happens in Cases of Property Damage?
In situations where your claim involves only vehicle damage and not personal injuries, the statute of limitations in Florida is extended to five years. This longer time frame may provide some leeway in filing property damage claims related to car accidents. However, just like injury claims, the sooner you file, the better, as delays could complicate your case.
Michael Serrano
Founding Attorney
Candace “Cea” Hartley
Attorney
Molli Gard, ESQ.
Attorney
What to Do If a Loved One Passes Away in an Accident?
In Florida, if a car accident leads to the death of a loved one, the statute of limitations for filing a wrongful death claim is shorter. You typically have two years from the date of the loved one’s death to pursue a claim. While this is still a generous period, it is far less than the four years typically allowed for personal injury claims, so it’s crucial to act as soon as possible after the loss of a loved one.
When Does the Statute of Limitations Start?
The date the clock begins ticking is a fundamental aspect of the statute of limitations. In the case of car accidents, the limitations period usually begins on the date of the accident itself. However, in certain situations, the statute of limitations might start on the date the injury is discovered.
For example, some injuries may not be immediately apparent. If you don’t notice a traumatic injury, like a concussion, until days or weeks after the accident, the clock might not start until the injury is diagnosed.
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
Exceptions to the Statute of Limitations in Florida
There are exceptions to the standard four-year statute of limitations in Florida, and understanding them can help ensure that your claim isn’t time-barred. Below are some of the most important exceptions:
- Minors and Incapacitated Individuals: If the injured party is a minor (under 18 years old) or legally incapacitated, the statute of limitations is generally tolled, meaning it is paused until they are no longer a minor or incapacitated. In the case of minors, the four-year clock starts when they turn 18.
- Delayed Injury Discovery: As mentioned, if the injury isn’t discovered immediately after the accident, you may have longer than four years. This applies to injuries like soft tissue damage or internal injuries that may not show symptoms right away. The statute of limitations could start on the date the injury is discovered or should have reasonably been discovered.
- Government Entities: If the car accident involves a government entity, such as a city or county vehicle, the statute of limitations can be significantly shorter. In these cases, you may be required to notify the government within three years of the incident, and strict rules govern how the claim is processed. You must consult an attorney promptly in such cases to avoid missing any deadlines.
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Why Filing Your Claim on Time Matters
Filing your car accident claim within the statute of limitations is crucial for several reasons:
- Preserving Your Legal Rights: If you miss the filing deadline, you will likely lose your ability to pursue compensation for medical bills, lost wages, pain and suffering, and other damages.
- Strengthening Your Case: The sooner you file, the better your chances of presenting a strong case. Key evidence, such as witness testimonies, accident reports, and physical evidence, is easier to collect when it’s fresh.
- Avoiding Court Complications: Filing late could also create unnecessary complications in your case. If the insurance company or opposing party raises the issue of your claim being filed too late, it could derail your case before it even starts.
What to Do If You Miss the Deadline
If you realize that you have missed the statute of limitations, it’s important not to panic. While missing the deadline can severely limit your options, there may still be steps you can take. The first thing you should do is contact a personal injury attorney to discuss your situation.
In rare cases, the statute of limitations can be extended or tolled due to extenuating circumstances, such as the incapacitation of the injured person or the concealment of evidence. An experienced attorney can review your case and help determine whether any of these exceptions apply.
How to Ensure You Meet the Filing Deadline
To ensure that you don’t miss the important deadlines for your claim, here are some practical tips:
- Contact an Attorney Quickly: The first thing you should do after a car accident is consult with a personal injury attorney. They can help you understand the legal process and ensure that you meet all deadlines. At Serrano Law, our team is dedicated to helping clients navigate the legal system and file claims on time.
- Keep Track of Important Dates: Document the date of your accident and any subsequent medical treatments or evaluations. This can help ensure you don’t miss the important deadlines.
- Start Collecting Evidence Right Away: Begin gathering police reports, witness statements, photographs of the accident scene, and medical records as soon as possible. The sooner you start, the better.
- Don’t Wait for Insurance Settlements: While it may be tempting to wait for your insurance company to offer a settlement, don’t put off filing your claim while waiting. Filing on time will protect your rights even if the insurance process is still underway.
What Happens After You File Your Claim?
Once you have filed your claim within the statute of limitations, the process typically proceeds with several stages:
- Investigation: Your attorney will gather evidence, interview witnesses, and review medical records to build a solid case.
- Negotiation: Most car accident claims are settled outside of court. Your attorney will negotiate with the at-fault party’s insurance company to secure a fair settlement.
- Litigation: If a settlement cannot be reached, your case may proceed to court, where a judge or jury will determine the outcome.
At Serrano Law, we understand the complexities of Florida’s personal injury laws, including the statute of limitations for car accident claims. If you’ve been injured in an accident, don’t wait. Contact us today for a free consultation to discuss your case and ensure you meet all important deadlines.