How Long Do You Have to File a Car Accident Claim in Florida?

If you are entitled to financial compensation for injuries you sustained in a car accident in Florida, you need to file your claim before you run out of time. If you don’t file your claim before you run out of time, you will lose the ability to seek the financial compensation you deserve. Learn more about the timing considerations involved in protecting your legal rights from an experienced Florida accident lawyer at Searcy Denney:

The Statute of Limitations for Filing a Car Accident Claim in Florida

The time limit for filing a claim after a car accident is determined by the applicable “statute of limitations.” Florida has several statutes of limitations—and this means that different deadlines can apply in different cases:

Personal Injury Claims Based on Negligence

The vast majority of car accident cases involve claims based on negligence. Driver negligence can take many different forms—from speeding and running red lights to driving while distracted, fatigued or impaired. Repair shops, dealerships, vehicle manufacturers, road construction contractors, drivers’ employers, rideshare and delivery companies, and various other parties can be held liable on negligence-based grounds in appropriate cases as well.

If you have a personal injury claim based on negligence, you have two years from the date of the accident to file a claim (in most cases). Crucially, this deadline—like all of the other deadlines discussed below—applies to filing a lawsuit in court. Filing an insurance claim does not preserve your legal rights; and, if you are negotiating with the insurance companies when the statute of limitations for your claim expires, you could still lose your legal rights if you haven’t taken formal legal action.

Personal Injury Claims Based on Vehicle Defects

While most car accidents cases involve claims for negligence, accident victims will also have claims based on vehicle defects in some cases. If you have a claim for a vehicle defect, you have four years to file your claim in court under Florida law.

A defect is an issue that exists from the time a vehicle leaves the factory. This could be an issue that causes an accident (i.e., a brake or tire defect), or it could be an issue that contributes to the severity of your injuries (i.e., an airbag or seatbelt defect). In either scenario, the manufacturer can—and should—be held accountable, and it is up to you to make sure you take appropriate legal action in time.  

Personal Injury Claims Involving Injuries to Minors

If your child has been injured in a car accident, the statute of limitations for filing a personal injury claim depends on the specific circumstances of your family’s case. In some cases, the statute of limitations can be tolled for up to seven years. However, parents will still need to file a claim within two years of the accident in many circumstances. Due to the complex rules that apply, if your child has been seriously injured in a car accident, we strongly recommend that you do not rely on having extra time to file.

Wrongful Death Claims Involving Fatal Accidents

Wrongful death claims involving fatal car accidents are subject to a two-year statute of limitations. Again, this applies to filing a lawsuit in court—not filing a claim with the insurance companies. While coping with the sudden and unexpected loss of a loved one is extraordinarily difficult, protecting your family’s legal rights is important; and, if you have tragically lost a loved one, we strongly recommend that you talk to a lawyer as soon as possible.

Property Damage Claims Involving All Types of Vehicle Collisions

While seeking compensation for your injuries, your child’s injuries or your loved one’s untimely death is understandably among your top priorities, it is important not to forget that you may have a significant property damage claim as well. Property damage claims are subject to a four-year statute of limitations in most cases. Even if you have collision coverage, you may be entitled to recover the costs of repairing or replacing your vehicle (or your loved one’s) vehicle from the party that is responsible for the crash.

Why You Shouldn’t Wait Any Longer Than Necessary

Even though you may have years to file a claim after a car accident in Florida, you should not wait any longer than necessary to take action. This is true whether you are recovering from serious injuries or you are coping with the tragic loss of a loved one. Some of the reasons why it is important to hire a Florida car accident lawyer promptly include:

• It Is Up to You to Take Action – When you have a claim for a serious or fatal car accident in Florida, it is up to you to take action. If you don’t stand up for your legal rights, no one is going to stand up for them for you. Taking action starts with hiring an experienced Florida accident lawyer; and, once you hire a lawyer, your lawyer can deal with your claim on your behalf.
• Key Evidence Can Disappear – Many key types of evidence can disappear if they are not promptly preserved in the aftermath of a collision. Seeking just compensation requires clear evidence of liability, so it is important to promptly preserve as much evidence as possible.
• Unnecessary Delays Can Lead to Unnecessary Challenges – From evidentiary issues to questions about the cause of your (or your loved one’s) injuries, unnecessary delays can lead to a variety of unnecessary challenges. By hiring an experienced lawyer promptly, you can help maximize your chances of recovering just compensation as efficiently as possible.

Discuss Your Case with an Experienced Florida Accident Lawyer Today

Are you facing the consequences of a serious or fatal car accident in Florida? If so, we encourage you to contact us promptly for a free, no-obligation consultation. To speak with an experienced Florida accident lawyer at Searcy Denney in confidence, call 800-780-8607 or tell us how we can help online today.