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.
For help evaluating a filing deadline after a Tampa crash, see our Tampa car accident lawyer page.
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 for a Florida Car Accident Lawsuit?
The statute of limitations is the deadline to file a lawsuit in court. For a car accident injury claim based on negligence that accrued on or after March 24, 2023, Florida generally allows two years. The previous four-year negligence period generally applies to claims that accrued before that date. See Florida Statutes section 95.11 and the Florida Senate summary of HB 837.
Two Years to File Most Recent Car Accident Injury Lawsuits
In an ordinary negligence case, the period usually begins when the accident and injury occur. Reporting a claim to an insurer or negotiating a settlement is different from filing a lawsuit and does not by itself preserve the court deadline. Preserve crash photos, witness details, medical records and vehicle evidence promptly.
- Accident and injury on or after March 24, 2023: generally two years for a negligence lawsuit.
- Claim accrued before March 24, 2023: the prior four-year negligence period generally applies; an attorney should evaluate the precise accrual date and any other applicable rule.
What If the Crash Caused Only Vehicle Damage?
An action for injury to personal property, such as vehicle damage without a personal injury claim, generally has a four-year period under section 95.11. Different causes of action and insurance contract terms can create different deadlines, so the vehicle-damage deadline should not be used for an injury lawsuit.
Founding Attorney Attorney
Michael Serrano
Molli Gard, ESQ.
What If a Loved One Died in the Accident?
Florida generally sets a two-year deadline for a wrongful death lawsuit under section 95.11. The facts and parties should be reviewed promptly.
When Does the Clock Start?
For an ordinary car crash negligence claim, do not assume that a later diagnosis restarts the clock. Discovery rules in some other kinds of cases do not automatically apply to a car accident. Record the crash date and obtain advice about the actual accrual date.
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 Deadline Be Extended?
Tolling is limited to circumstances recognized by section 95.051 and other applicable law. Being a minor or learning more about an injury later does not automatically extend every car accident deadline. Claims against government defendants can have additional notice and procedure requirements under section 768.28. Have the specific facts reviewed before relying on an exception.
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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.
To learn more about this subject click here: Common Car Accident Injuries
