What is the Statute of Limitations in Florida
Table of Contents
Key Takeaways
- After a car accident, victims often receive a settlement offer from insurance companies. However, if the offer is unfair, pursuing legal action through a lawsuit may be necessary.
- Victims in Florida have two years from the date of the accident to pursue a lawsuit in court in most cases.
- Factors like government involvement, wrongful death, and extensive property damage alter this timeframe.
- Request a free consultation with Klotzman Law Firm to learn more about your rights in such a case.
Being in a car accident can lead to devastating injuries and losses, often changing the course of your life as it happens. You need to focus on healing, physically and emotionally, from this incident. As you do, it is critical not to wait too long to contact an attorney.
In Florida, the statute of limitations on car accident lawsuits is two years from the date of the crash. That may seem like a long time, but there is a great deal beforehand. At Klotzman Law Firm, we encourage you not to wait. Contact us for an immediate consultation so you do not miss the statute of limitations.
What is the Time Limit for Car Accident Claims in Florida?
Under Fla. Stat. § 95.11(5)(a), victims of a car accident must take legal action within two years of the date of the accident. This is the set amount of time Florida law allows victims to file a car accident lawsuit for personal injuries. You also have a four-year timeframe for applying to any lawsuit over vehicle damages in that accident.
If you are hurt in an accident caused by another person, you cannot miss this two-year time limit. You must go to court and file a lawsuit within this time. If you fail to do so, the court will not hear your case.
When Does the Statute of Limitations Begin in Florida?
The statute of limitations timeframe begins on the day of the accident. If a person dies as a result of a car accident, the statute of limitations for pursuing the wrongful death begins on the date of the death.
How Does the Statute of Limitations Affect My Car Accident Case?
The statute of limitations impacts your car accident significantly. If you fail to file within the specified timeframe, the court will not hear your case. This means that you can no longer hold the at-fault party accountable, as there is no way to take legal action against them. Receiving compensation may no longer be possible.
What Factors Can Affect the Statute of Limitations for a Car Accident Claim?
Various factors can impact how long it takes you to prepare your case to go to court, such as:
- Insurance adjusters from the at-fault party’s insurance company are delaying the time to answer your insurance claim
- Involved government entities in situations where an accident involves regulatory action
- The type of accident, such as those with more serious injuries, including catastrophic injuries
- The presence of wrongful death
- Hit-and-run accidents in which the at-fault driver is not initially known
These complexities make it essential for car accident victims to seek legal action quickly. To do that, do not delay contacting a personal injury lawyer to help you. Your attorney knows the system, can handle some of the most challenging aspects of the law, and can help you avoid costly delays.
Can I Still File a Claim After the Statute of Limitations Has Passed?
Exceptions to the statute of limitations rule exist in very rare cases. However, the sooner you seek legal advice, the faster we can help you to get your car crash lawsuit filed. At Klotzman Law Firm, we can analyze your situation to determine if one of these situations applies to you.
Are There Exceptions to the Statute of Limitations?
There are some situations where exclusions to the statute of limitations may apply. This might include:
- The person was not known at the time of the accident, such as in a hit-and-run accident
- The at-fault driver fled Florida, and it took time to find them to serve them with legal action
- You lacked the physical capacity to take action for a certain amount of time, such as being in a coma right after your accident
- You were a minor at the time of the accident (in which your two-year timeframe does not begin until you reach 18 unless your parents take legal action for you prior)
Hiring a personal injury attorney is critical to attempting to get any of these exceptions applied to your case. Even if you are unsure if you can do so, contact our legal team for guidance.
What Should I Do Immediately After a Car Crash to Protect My Rights?
After an auto accident, you must focus on your well-being and medical needs. However, there are several steps you can take to help you later with personal injury claims.
- Call 911 to request medical and police support. Then, move out of harm’s way.
- Take photos of the car crash. This includes the damage to your car, the other driver’s car, the surrounding area, and any other evidence or debris.
- Get the name and contact information from the at-fault party. Avoid making any statements about your fault in the accident.
- Seek medical treatment.
Then, contact your car accident lawyer. Your attorney will obtain copies of your police report, investigate the accident, and protect your rights.
What if the Car Accident Involves a Government Entity or Commercial Vehicle?
In some situations, the statute of limitations may differ based on who is involved. If a car accident involves a government employee while they are working, including bus drivers, you will need to file a claim prior to going to court. To file a tort claims case like this, you must act for property damage within three years. In cases of wrongful death, you have two years to act.
Commercial trucks are not necessarily different from car accidents. However, you can count on this process taking longer. Faster action and legal guidance are critical in these cases.
What Should I Do if My Loved One Was Killed in a Car Accident?
Filing a personal injury lawsuit on behalf of your loved one killed by another party is the right of the immediate family. If your loved one dies in an accident, your most important step is to seek legal support.
While state law allows family members to seek action, it can be a very complex case and requires developing evidence to demonstrate how the accident led to the death. For a fair settlement, set up a case review with an attorney immediately.
How Does the Statute of Limitations Differ for Wrongful Death Cases?
To receive maximum compensation for the loss of your loved one, you need to take action as soon as possible. The law gives you two years from the date of the death to take action. Legal options can be critical, especially if the insurance company fails to recognize your right to seek compensation for your loved one’s loss.
How Do I Know if I Have a Legal Claim?
In personal injury cases, you can file a claim against the at-fault party’s insurance company if they are found at-fault for the accident by the police or insurance decisions. If they do not offer a fair settlement, you may need to pursue other legal options, including going to court.
If you have serious injuries or your loved one died and you need to file a wrongful death claim, do not delay and seek legal guidance.
Can I Sue if I Was Partially at Fault for the Accident?
In Florida, victims can file a claim for compensation even if they are partially at fault for the accident. This falls under Florida’s comparative negligence laws. However, the percentage of fault you maintain reduces your compensation claim value. If you are found to be more than 50 percent at fault, you will be barred from recovering any damages.
What if the At-Fault Driver Doesn’t Have Insurance?
If the at-fault driver in your accident does not have insurance, your legal rights do not change. However, your attorney will provide options for you. You may be able to file an insurance claim against your own uninsured motorist insurance. In other cases, you can file a direct lawsuit against the at-fault party.
What Types of Damages Can I Claim After a Car Accident Injury?
Any type of loss you have directly from the accident may be claimed, such as:
- Medical bills
- Ongoing medical expenses
- Lost wages
- Property damage
- Pain and suffering
- Emotional trauma-related losses
How Can a Car Accident Lawyer Help Me Navigate the Statute of Limitations?
Your attorney aids in every component of this process. This includes helping you to build a strong case for compensation. They will ensure you know what your rights are and that you take legal action in a timely manner.
Why Choose Klotzman Law Firm as Your Car Accident Attorney?
Klotzman Law Firm brings decades of experience to your case. When you hire our legal team, we begin building your case based on the evidence. We listen to you, investigate for you, and fight tirelessly on your behalf. Having recovered millions of dollars for our clients, you can expect us to work hard for you as well.
Testimonials
“Good communication from staff office. They are handling my car accident very well.” — Kevin K.
“They helped me recover more compensation that I couldn’t ever thought possible from a car accident! I highly recommend Klotzman Law.” — Fredi A.
“I had an excellent experience with Klotzman law! They were professional, attentive, and truly dedicated to my case. Their expertise led to a successful settlement. I highly recommend them to anyone seeking legal assistance!” — Corey G.
Act Fast—Don’t Miss the Statute of Limitations. Contact Our Lawyer Today
Turn to Klotzman Law Firm for a free case evaluation to learn more about your rights. Reach us at 786-823-3635 or fill out our online contact form. Expect our team to fight for the compensation you deserve.
Frequently Asked Questions
Yes, while personal injury claims generally have a two-year limit, property damage claims may have a longer timeframe, usually up to four years.
Commercial vehicle accident claims in Florida differ significantly from standard car accident claims due to several factors.
- Severity of injuries: Due to their larger size and weight, accidents involving commercial vehicles, such as trucks, often result in more severe injuries, leading to higher medical costs and longer recovery times.
- Complexity of claims: Claims involving commercial vehicles are typically more complex, as they may involve multiple liable parties, including the driver, trucking company, and manufacturers. This complexity can complicate the determination of fault and the negotiation process.
Insurance requirements: Commercial vehicle operators must meet stricter insurance requirements than private vehicle drivers. Depending on the type of cargo being transported, they often need a minimum liability coverage of $750,000 or more.
The discovery rule allows the statute of limitations to begin from the date an injury or damage was discovered rather than the date of the accident if the injuries were not immediately apparent.
If a minor is involved in a car accident, the statute of limitations is paused until they turn 18, giving them additional time to file a claim.
Yes, if an individual is deemed mentally incapacitated at the time of the accident, they may have up to seven years from the date of their incapacitation to file a claim.
Keeping thorough records, such as medical bills, police reports, and correspondence with your attorney, can help demonstrate that you filed within the required timeframe.
