When you have been injured in a car accident in Florida, your physical, emotional, and financial recovery becomes the immediate focus. However, one of the most critical considerations that may be overlooked is the statute of limitations, which determines the legal deadlines for car crashes in Florida.
At Amanda Demanda Injury Lawyers, our Florida personal injury attorneys help ensure your compliance with these strict timelines while we aggressively pursue the claim investigation after a car accident. Our legal team will leave no stone unturned to recover the largest compensation for your injuries and losses.
Florida Car Accident Time Limits
As of March 24, 2023, Florida enacted changes to its statute of limitations under House Bill 837, which altered key provisions in personal injury law. For car accidents and other negligence-based personal injury claims, the statute of limitations is now two years from the date of the accident.
This means:
- If you were injured in a car crash, you have two years from the date of the accident to file a lawsuit against the at-fault party.
- If a loved one passed away due to crash-related injuries, the wrongful death claim must also be filed within two years of the date of death (which may or may not be the same day as the accident).
This change marks a reduction from the previous four-year car accident filing deadline that existed under Florida law for decades.
Exceptions to the Statute of Limitations in Florida Car Accident Cases
While the two-year time limit is the general rule, Florida law recognizes certain exceptions that can pause or extend the statute of limitations, depending on the circumstances. These are rare and highly specific, and courts interpret them narrowly:
Minor Victims
If the injured party is a minor (under 18), the statute of limitations may be extended. In many cases, the child has until two years after their 18th birthday to file a personal injury lawsuit. However, parents or guardians can—and often should—file a claim on the child’s behalf much sooner.
Mental Incapacity
If the victim is legally deemed mentally incapacitated and unable to understand their legal rights or manage their own affairs, the clock may be paused (“tolled”) until the incapacity is lifted. This usually requires medical documentation and legal certification.
Unknown Defendant or Fraudulent Concealment
In rare cases, if the at-fault party cannot be immediately identified or if a defendant actively conceals their involvement or responsibility (e.g., in a hit-and-run or staged accident), the court may toll the statute until the plaintiff reasonably discovers the identity of the liable party.
Claims Against Government Entities
If your claim is against a city, county, or state government (such as a crash caused by a government vehicle or dangerous road condition), special notice rules and deadlines apply under Florida Statutes § 768.28.
Typically, you must provide written notice within three years of the incident and then wait at least 180 days before filing suit. However, if the claim involves wrongful death, the two-year rule still applies.
Potential Consequences of Missing the Statute of Limitations
If you miss the statute of limitations for filing a car accident lawsuit in Florida, the consequences are severe and final:
- Your case will likely be dismissed by the court, no matter how compelling the facts or how egregious the negligence.
- Insurance companies have no incentive to negotiate or settle once the statute has passed because they know you can no longer sue.
- Lost compensation may include damages for medical bills, lost wages, future care needs, pain and suffering, and more.
In effect, missing the statute of limitations extinguishes your right to justice. That’s why Amanda Demanda Injury Lawyers emphasizes immediate action following a crash.
Why Early Legal Representation from Amanda Demanda Injury Lawyers Matters
From the moment a car accident occurs, the legal timeline begins. That’s why our team at Amanda Demanda Injury Lawyers moves quickly to protect your rights and preserve evidence. Early involvement means we can:
- Identify all at-fault parties, including drivers, vehicle owners, employers, or government entities
- Send spoliation letters or get a court order to secure surveillance or dash cam footage, cell phone records, and vehicle data recorders before they’re deleted
- Interview witnesses while memories are fresh and obtain police reports, medical records, and insurance documents efficiently
- Ensure full compliance with Florida’s updated two-year filing deadline and any special notice requirements in government-related claims
In many cases, insurance companies try to delay or lowball injury victims, hoping they miss the filing deadline altogether. We recognize these tactics and counter them with a trial-ready approach from day one. Our firm’s reputation for aggressive litigation and client-focused representation ensures that insurers take your claim seriously—and that you’re never caught off guard by procedural missteps. To schedule your free consultation, call us 24/7 at 1-844-DEMANDA or contact us online.
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