The Statute of Limitations for Florida Car Accidents

The statute of limitations is a legal term used to describe the deadline for initiating legal proceedings. In a car accident context, the statute of limitations sets the amount of time that an injured party has to file a lawsuit seeking compensation for crash-related losses from the person who caused the collision. Once this deadline expires, injured claimants lose the right to seek compensation for their medical bills, lost wages, and property damage, which is why awareness of these dates is so important.

Florida’s Statute of Limitations is Two Years 

As a result of a recent change, the statute of limitations in Florida for car accident claimants is now two years, which means that a person has two years from the date of his or her accident to seek compensation for the losses sustained as a result of that crash. The two year car accident statute of limitations applies to all types of auto accidents, including those that involve commercial vehicles, motorcycles, bicycles, and pedestrians. This deadline plays a crucial role in legal proceedings, as those who fail to file within the predetermined timeframe will almost always be barred from seeking compensation for their losses through the court system. By filing a lawsuit in a timely manner, injured parties significantly increase their chances of receiving reimbursement for their damages.

There Are Exceptions to the Two Year Statute of Limitations 

It’s important to note that there are exceptions to the general two year deadline that applies to most car accident cases. For instance, one important exception to this rule is the minor’s tolling provision. This exception extends the filing deadline for car accident victims who are under the age of 18 years old. Basically, in these cases, the statute of limitations is paused, or tolled until the minor reaches the age of majority, at which point, he or she will have two years to file a lawsuit. Other circumstances that could justify the extension of the filing deadline include situations in which:

• The injured party is suffering from a mental or physical incapacity;
• The victim didn’t discover the injury until after the accident occurred; and
• The defendant in the cases engaged in fraud or intentional concealment.

Accident victims who believe that their situation qualifies for an extension of the statute of limitations under one of these categories should be sure to speak with an attorney who can help them navigate the filing process.

The Consequences of Missing the Deadline 

The most significant consequence of missing the statute of limitations when filing a car accident claim is the loss of the right to seek compensation for one’s injuries or damages. The court will almost always dismiss the case if someone files after the two year deadline has passed, so a victim won’t be able to expect any form of compensation for his or her medical bills and vehicle damage after this date. Furthermore, because insurance companies are aware of these deadlines, they too will be extremely unlikely to negotiate a settlement with a claimant once the statute of limitations has passed, as they no longer have the threat of a lawsuit to motivate them to settle.

Helping Accident Victims Pursue Compensation 

Timely action is critical to protecting an accident victim’s legal rights following a crash. Call the dedicated Fort Lauderdale car accident lawyers at Boone & Davis today to learn more about Florida’s legal filing deadlines.

Sources:

flgov.com/2023/03/24/governor-ron-desantis-signs-comprehensive-legal-reforms-into-law/

floridabar.org/the-florida-bar-journal/tolling-or-suspending-the-florida-statutes-of-limitations-pursuant-to-applicable-law/