How Long After a Car Accident Can I Claim Compensation for My Injuries?

Car accident victims often find themselves preoccupied with obtaining emergency medical care, following a treatment plan, repairing their vehicles, and generally trying to move on with their lives. Unfortunately, this can be extremely difficult, especially for those who are unable to work while they recuperate, or whose injuries are particularly severe. In these cases, the only way to recoup one’s losses may be to file a lawsuit against the at fault party in court. There are, however, specific deadlines by which injured parties must file these types of claims in order to have a chance of recovery.

Florida’s Statute of Limitations for Car Accident Cases 

Florida is a no-fault auto insurance state, which means that in many cases, accident victims cannot file a lawsuit in court against the at-fault party to recover damages. Instead, injured parties will first need to file claims with their own insurers. It is only when these limits are exceeded, or when a victim has suffered a serious injury that he or she can step outside of this system and file a lawsuit in court. However, in these cases, injured parties only have a certain amount of time to file. This is known as a statute of limitations and each state has its own. In Florida, the deadline for filing a car accident claim is two years from the date of the accident. This is a recent change in Florida, where the deadline used to be four years. For those whose crashes occurred before March 24th of this year, however, the deadline will remain four years.

Exceptions to the Two Year Deadline 

There are a few exceptions to the two year deadline for filing a car accident lawsuit in Florida. If, for instance, the at-fault party is a government employee, then the injured party will be required to file a claim within six months of the accident. The statute of limitations can also be paused for victims who were underage at the time of the crash. Similarly, the deadline will be paused if the at-fault party leaves the state before the lawsuit is filed.

Deadlines for Filing a Car Accident Claim with a PIP Insurer 

It’s important to remember that the deadlines that apply in personal injury cases are not the same as those used by insurers. In fact, each company will have its own time limits by which claimants will need to file in order to have a chance at recovery. This is why it’s so important for drivers to have a thorough understanding of their insurance policies, including not only what is covered, but how long they have to file a claim. PIP insurers also have an additional deadline with which they require claimants to comply. Under these rules, a claimant must seek medical treatment for any car accident-related injuries within 14 days of the crash. Those who miss this deadline will be barred from receiving compensation under their PIP policies.

Speak with an Experienced Florida Car Accident Attorney 

To set up a meeting with one of the dedicated Fort Lauderdale car accident lawyers at Boone & Davis, please call us at 954-566-9919 today. We can help ensure that your lawsuit is filed in a timely manner.

Sources:

americanbar.org/groups/litigation/committees/mass-torts/practice/2023/florida-tort-reform/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0627/Sections/0627.736.html