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What is the Statute of Limitations for Car Accident Claims in Florida?

If you have been involved in a car accident in Florida, it is crucial to understand the statute of limitations for filing a claim. The statute of limitations sets a deadline for initiating legal proceedings, and missing this deadline can result in losing your right to seek compensation. There are also other time deadlines that could affect your case if you miss them, including the 14-day rule.

At High Stack Law, we explain your time limits and the statute of limitations in car accident cases. Our team of highly experienced car accident lawyers are here to help you seek compensation after your injuries.  

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Understanding the Statute of Limitations

The statute of limitations is a legal concept that establishes the time frame within which a person must file a lawsuit or legal action. In the context of car accidents, it determines the amount of time you have to file a claim for injuries and damages sustained in the accident. 

Each state has its own statute of limitations, and it essential to be aware of the specific deadlines in Florida.

Statute of Limitations for Car Accident Claims in Florida

In Florida, the statute of limitations for car accident claims is generally two years from the date of the accident. This means that if you have been injured in a car accident, you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries and damages.

It is important to note that this deadline applies to most types of car accident claims, including those involving cars, trucks, motorcycles, and other vehicles. Exceptions may apply in unique types of cases.

Exceptions to the Statute of Limitations

While the general rule is a two-year statute of limitations, there are some exceptions and special provisions that may apply depending on the circumstances of your case. For example:

  1. Property Damage Claims: If your claim involves property damage, such as damage to your vehicle, the statute of limitations is four years from the date of the accident.
  2. Wrongful Death Claims: If the car accident resulted in the death of a loved one, the statute of limitations for filing a wrongful death claim is two years from the date of death.
  3. Hit-and-Run Accidents: In cases where the at-fault driver fled the scene and cannot be identified, the statute of limitations may be extended, allowing you more time to file a claim.

The 14-Day Accident Law

woman discussing car damage after accident with worker

Florida Statutes § 627.736 creates the 14-day accident law. Under Florida’s no-fault insurance system, you have 14 days after your accident to seek medical care. If you fail to do so within that period of time, you could lose out on your rights to compensation under your personal injury protection coverage.

While this is separate from the statute of limitations, it is an important deadline that may impact your rights to compensation. 

Importance of Timely Filing

Filing your car accident claim within the statute of limitations is crucial for several reasons:

  1. Preserving Legal Rights: Filing within the deadline ensures that you preserve your right to seek compensation for your injuries and damages. Missing the deadline typically results in being barred from proceeding with your lawsuit.
  2. Maximizing Compensation: Timely filing allows you to seek maximum compensation for your injuries, medical treatment, lost income, pain and suffering, and other related expenses. Delaying a suit can result in diminished compensation or no compensation at all.
  3. Strengthening the Case: Acting quickly helps in gathering and preserving critical evidence, such as witness statements, police reports, and medical records. Over time, evidence can be lost, memories can fade, and witnesses may become unavailable, weakening your case.

File Your Florida Car Accident Case in Time

The best advice is not to wait in filing your Florida car accident claim. You can avoid many issues simply by speaking with an attorney as soon as possible after your injuries. 

Let the car accident attorneys at High Stack Law give you the help you deserve. Contact us today for a consultation of your case.