When you have been involved in a car accident in Florida, one of the most important legal questions you face is: How long do I have to file a car accident claim? The answer lies in the Florida car accident statute of limitations, a strict deadline that governs how long you can wait before pursuing compensation for your injuries, property damage, and other losses. At Slater | Grant, we understand the urgency and complexity surrounding these deadlines and are here to help you protect your rights every step of the way.
Complete the free case evaluation form or call us now at 813-995-6444 to take the first step toward justice.
The Florida Car Accident Statute of Limitations
The Florida car accident statute of limitations sets the legal timeframe within which you must file a lawsuit following a car crash. As of March 24, 2023, Florida enacted House Bill 837, which shortened this period from four years to two years for personal injury claims arising from negligence, including most car accident cases.
Key Takeaway:
- If your accident occurred on or after March 24, 2023, you generally have two years from the date of the crash to file your lawsuit.
- For accidents before that date, a four-year statute may still apply, but time is running out.
Missing this deadline typically means the court will dismiss your claim, denying you any compensation. That is why contacting Slater | Grant immediately after your car accident is vital.
Exceptions to the Florida Car Accident Statute of Limitations
Certain exceptions may alter these deadlines:
1. Wrongful Death Claims
If your loved one died due to the accident, you have two years from the date of death (not the date of the accident) to file a wrongful death claim.
2. Claims Against Government Entities
If the at-fault party is a government employee or agency (e.g., city bus driver), Florida requires you to give a formal notice of intent to sue and wait through a six-month investigation period. These cases are subject to a three-year statute of limitations, but strict notice requirements make timely action essential.
3. Minors and Incapacitated Persons
For minors or individuals incapacitated at the time of the crash, the statute of limitations may be paused temporarily. However, these exceptions are narrowly defined, so swift legal guidance is critical.
Why the Statute of Limitations Matters for Insurance Claims
While filing a claim with an insurance company differs from filing a lawsuit, delaying either can seriously jeopardize your ability to recover compensation. Insurance companies closely monitor the Florida car accident statute of limitations and may use your hesitation to push for low settlements or deny claims outright.
Taking immediate action helps safeguard your interests and maximizes your negotiating power. The attorneys at Slater | Grant ensure your claim complies with all legal deadlines and is positioned for success.
Don’t Wait — The Clock Is Ticking on Your Car Accident Claim
After a car accident, time is your enemy. Every day you delay:
- Crucial evidence can be lost (witness memories fade, traffic footage disappears)
- Your medical treatment and documentation become less connected to the accident
- Insurance companies become less cooperative
- The statute of limitations deadline inches closer
Whether you suffer from broken bones, traumatic brain injuries, or emotional trauma, acting within the Florida car accident statute of limitations is non-negotiable. Contacting Slater | Grant early ensures your case is filed on time and pursued aggressively.
How to Preserve Your Right to Compensation
Follow these critical steps after your crash:
1. Seek Immediate Medical Care
Prompt treatment not only protects your health but also documents injuries linked to the accident.
2. Report the Accident
File a police report within 10 days if injuries or significant property damage occur. This official record is essential evidence.
3. Consult an Attorney Early
Do not delay legal consultation. Our attorneys at Slater | Grant gather evidence, handle insurance negotiations, and prepare to file your lawsuit within the statute of limitations.
4. Keep Detailed Records
Maintain all medical bills, repair estimates, lost wage documents, photos, and correspondence with insurers.
What Compensation Can You Recover After a Car Accident in Florida?
Florida’s no-fault insurance system provides Personal Injury Protection (PIP) coverage of up to $10,000 for medical bills and lost income, regardless of fault. However, if your injuries meet the serious injury threshold, you can file a lawsuit against the at-fault driver for additional damages, including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Wrongful death damages (funeral costs, loss of companionship)
At Slater | Grant, we perform comprehensive damage assessments to fight for the full compensation you deserve.
Impact of Comparative Fault on Florida Car Accident Statute of Limitations
Florida follows a pure comparative negligence rule, meaning you can still recover damages even if you are partly at fault. However, your compensation will be reduced by your percentage of fault.
For example, if you are found 30% responsible, your damages are reduced by 30%. Importantly, comparative fault does not affect the statute of limitations itself, but insurance companies may try to leverage fault disputes to deny or delay claims. Early legal guidance from Slater | Grant ensures your claim is filed promptly and your degree of fault is fairly evaluated.
Why Choose Slater | Grant?
We stand apart as champions for Florida car accident victims, bringing decades of experience and personalized attention to each case. Our commitment includes:
- Strategic case evaluation and timely filing to meet all deadlines
- Aggressive negotiation and trial readiness
- No fees unless we win your case
- Dedicated support in Tampa, Wesley Chapel, and surrounding communities
Your rights and recovery cannot wait. Complete our free case evaluation form or call us now at 813-995-6444 to secure your claim before the statute of limitations expires.
Sources
- Florida Legislature – House Bill 837
Detailed overview of recent statute of limitations changes in Florida law.
https://www.flsenate.gov/Session/Bill/2023/837 - Florida Statutes – Chapter 95
Official statutes governing civil action time limits, including personal injury and wrongful death.
http://www.leg.state.fl.us/statutes - Florida Department of Highway Safety and Motor Vehicles (FLHSMV)
State data, regulations, and safety information relevant to Florida car accident claims.
https://www.flhsmv.gov/
