Things You Should Know About Florida’s Statute of Limitations for Car Accidents

Following a car accident, many people focus on medical treatment, vehicle repairs, and dealing with insurance companies. However, one thing that often gets ignored, sometimes until it’s too late, is the legal deadline for filing a lawsuit. In Florida, this deadline is called the statute of limitations, and it can significantly impact your case.

In recent years, Florida’s car accident laws have changed, reducing the time injured victims have to pursue legal action. It’s vital to understand how the statute of limitations works if you wish to protect your right to compensation. In this article, we share five key facts about Florida’s statute of limitations for car accidents.

1.     The Deadline Is Generally Two Years

In 2023, the statute of limitations for personal injury cases, including car accident personal injury cases, changed to two years (Florida Statutes 95.11). Previously, the deadline was four years. The shorter time frame makes it vital to act promptly. If a lawsuit is not filed within two years, the court will likely dismiss the case, regardless of how strong the evidence may be.

2.     The Clock Usually Starts on the Day of the Accident

The statute of limitations clock typically starts on the date of the accident. For example, if you were involved in a car accident on January 1, 2026, you generally have until January 1, 2028, to initiate your personal injury lawsuit. Exceptions may apply that may toll (pause) the statute of limitations, but they are rare.

3.     Certain Claims May Have Different Deadlines

The 2023 law change did not affect the deadline for filing property damage claims. If you are only seeking compensation for property damage, such as vehicle repair or replacement costs, you generally have four years from the date of the accident to file a lawsuit.

Wrongful death claims follow a different rule as well. When a car accident results in a fatality, Florida law generally allows families two years from the date of the death to file a wrongful death lawsuit. Because wrongful death cases often involve complex investigations, multiple parties, and significant damages, waiting too long can make it much harder to build a strong claim. Acting early helps preserve evidence and protect the family’s right to seek justice and financial recovery.

4.     Limited Exceptions May Toll the Statute of Limitations

In some limited situations, the statute of limitations may be paused, or “tolled.” For example, this may happen if the at-fault driver left the state to avoid service of process or if they actively concealed facts or their involvement. However, Florida courts apply these exceptions narrowly, and they should never be assumed. Relying on a possible exception can be risky without legal guidance.

5.     Insurance Negotiations Don’t Pause the Clock

A common and costly mistake is assuming that negotiating with an insurance company stops the statute of limitations from running. This is not true. Even if settlement talks are ongoing, the legal deadline continues to count down. If the deadline passes, you may lose your right to file a lawsuit entirely. If negotiations are ongoing as the two-year deadline approaches, it may be necessary to initiate a lawsuit to preserve your rights.

Contact Us for Legal Help

If you’ve been in an accident, contact our experienced Jacksonville car accident attorneys at The Pendas Law Firm to protect your rights and pursue your deserved compensation.

The Pendas Law Firm also represents clients in the Ocala, Orlando, Tampa, Miami, Bradenton, Naples, Melbourne, Fort Myers, Fort Lauderdale, West Palm Beach, and Daytona Beach areas.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html