If you suffered injuries in a car accident in Florida, you need to understand the statute of limitations for car accident claims. Florida law gives you a limited window to file a lawsuit, and missing this deadline means losing your right to recover damages. Here’s what you need to know about the statute of limitations in Florida car accident cases.
Understanding Florida’s Statute of Limitations for Car Accidents
A statute of limitations is a legal deadline. It sets the maximum amount of time you have to file a lawsuit after an accident occurs. In Florida, the statute of limitations for personal injury claims arising from car accidents is 2 years from the date of the accident.
This two-year deadline applies to lawsuits seeking compensation for injuries you sustained in the crash. The clock starts ticking on the day the accident happened, not when you discovered your injuries. This means you must file your lawsuit within 24 months of the accident date, or the court will dismiss your case.
Florida changed its statute of limitations rules through House Bill 837, which took effect on March 24, 2023. Before this change, injured people had four years to file a lawsuit. Now, the deadline is two years. If your accident occurred before March 24, 2023, the old four-year rule may apply to your case. An attorney can review your specific situation and explain which deadline applies.
What Happens After Two Years?
Once the two-year deadline passes, the court will dismiss your lawsuit if you try to file it. You lose your legal right to recover damages for medical bills, lost wages, pain and suffering, and other losses. The defendant can use the statute of limitations as a defense, and the judge must dismiss your case. This is why acting quickly after an accident is critical.
About The Bruner Law Firm
The Bruner Law Firm has represented injured people in Florida for over 30 years. The firm was founded in 1992 by Vincent Michael Bruner. The Bruner Law Firm focuses on plaintiff representation in personal injury cases. This means we work only for injured people, never for insurance companies or defendants.
The firm is now a multi-generational family practice. Vincent Michael Bruner, the founder, served as a Florida State Senator from 1988 to 1992 and chaired the Senate Corrections Committee. His son, Drew Gordy Bruner, holds recognition as a Super Lawyer by Thomson Reuters and maintains an AV-Preeminent rating from Martindale-Hubbell. Drew is also a Fellow of the American Bar Foundation. He appears on the list of America’s Top 100 Personal Injury Attorneys.
Our team includes five attorneys with experience in personal injury law. We maintain four office locations across the Florida Panhandle: Fort Walton Beach, Panama City, Niceville, and Santa Rosa Beach. Our clients have given us a 5.0 rating on Google Reviews based on over 1,700 reviews.
We handle your case on a contingency fee basis. This means you pay nothing unless we recover damages for you. Call (850) 243-2222 today for a free consultation to discuss your car accident claim.
Important Exceptions to the Two-Year Deadline
While two years is the standard deadline, Florida law recognizes several exceptions that may extend or shorten the time you have to file.
Government Entity Claims: If a government agency or employee caused your accident, you have four years to file a lawsuit. However, you must file a written notice of your claim with the government entity within three years. Failure to provide timely notice bars your claim. These rules are complex, and missing them can cost you your case.
Minors and Incapacitated Persons: If you were a minor at the time of the accident, Florida law may extend the deadline. The statute of limitations may not begin running until you turn 18 or until a court declares you capable of managing your affairs. However, regardless of tolling, you must file your lawsuit within seven years of the accident date. This absolute deadline applies even if you were a minor when the accident occurred. This protection ensures minors have time to pursue claims after reaching adulthood.
Latent Injuries: Some injuries do not appear immediately after an accident. If you discover an injury later, the discovery rule may extend your deadline. The statute of limitations may begin when you discover the injury, not when the accident happened. This applies to conditions like internal injuries or certain types of trauma.
Defendant Cannot Be Located: If the at-fault driver left the scene or cannot be found, Florida law provides special protections. You may file a “John Doe lawsuit” using a placeholder name and add the defendant’s actual identity later when discovered. Additionally, tolling provisions may apply if the defendant is hiding or absent from the state. These mechanisms protect people injured by hit-and-run drivers or unknown vehicles.
Wrongful Death Claims: If someone died in the accident, the statute of limitations for a wrongful death lawsuit is two years from the date of death, not from the accident date. This separate clock gives families time to grieve and pursue legal action.
Property Damage Claims: If you only seek compensation for vehicle damage from a car accident, you have two years to file a lawsuit under Florida’s current law (effective March 24, 2023). If your accident occurred before March 24, 2023, the old four-year deadline may apply. This deadline applies only to property damage, not to personal injury claims.
What Happens If You Miss the Statute of Limitations Deadline?
Missing the statute of limitations deadline has serious consequences. The court will dismiss your lawsuit, and you lose your right to recover any damages. The defendant can file a motion to dismiss based on the statute of limitations, and the judge must grant it. Your case ends, and you cannot appeal this decision.
Additionally, filing an insurance claim does not pause the statute of limitations. Many people believe that reporting an accident to insurance extends the lawsuit deadline. It does not. You must file your lawsuit within two years of the accident, regardless of whether you filed an insurance claim.
The longer you wait, the weaker your case becomes. Witnesses move away or forget details. Physical evidence disappears. Medical records become harder to obtain. Memories fade. Filing your lawsuit quickly preserves evidence and strengthens your claim.
Frequently Asked Questions
How is the 2-year deadline calculated?
The deadline runs from the date of the accident, not from when you discovered your injuries. If your accident occurred on January 15, 2024, your deadline to file a lawsuit is January 15, 2026. You must file before midnight on that date.
Can I file a claim with insurance and still have time for a lawsuit?
No. Filing an insurance claim does not extend the statute of limitations. You must file your lawsuit within two years of the accident, even if your insurance claim is still pending. Do not assume that settling with insurance gives you more time to file a lawsuit.
What if I were a minor when the accident happened?
Florida law may extend the deadline if you were under 18 when the accident occurred. The statute of limitations may not begin until you turn 18. However, you must file your lawsuit within seven years of the accident date, regardless of tolling. You should consult an attorney to understand how this rule applies to your specific situation.
Does the statute of limitations change if the at-fault driver is unknown?
Yes. If you cannot identify the at-fault driver, Florida law allows you to file a “John Doe” lawsuit using a placeholder name. You can add the defendant’s actual identity later, once it is discovered. Additionally, tolling provisions may apply if the defendant is absent from the state or otherwise hiding. This protects people injured by hit-and-run drivers or unknown vehicles.
What’s the difference between a statute of limitations and a statute of repose?
A statute of limitations sets a deadline to file a lawsuit after an injury occurs. A statute of repose sets a deadline based on when a product was manufactured or a service was provided, regardless of when the injury occurred. In car accident cases, the statute of limitations applies.
Contact The Bruner Law Firm Today
Time is running out. Every day that passes brings you closer to the two-year deadline. Do not delay in seeking legal representation. The Bruner Law Firm handles your case on a contingency fee basis, meaning you pay nothing unless we recover damages for you.
Call (850) 243-2222 now for a free consultation. Our attorneys will review your accident, explain your rights, and discuss your options. We serve clients throughout Florida and handle cases on a contingency fee basis. Let us fight for the compensation you deserve.
