What is the Statute of Limitations for Florida Car Accident Lawsuits?

Unless you were recently involved in an accident, the statute of limitations for filing a car accident lawsuit is probably not something you’ve found yourself thinking about. Having a good understanding of these rules is, however, important, as Florida’s roadways grow ever more dangerous for all road users.

What is a Statute of Limitations? 

A statute of limitations is a term used to describe the defined period of time in which a person can file a legal action, like a personal injury lawsuit. In most situations, these periods begin immediately following the event upon which the lawsuit is based. The statute of limitations for a car crash, for instance, would start on the day of the accident in question. Once this period of time has passed, claimants can no longer file a civil action related to the event in court. These time limits apply not only to car accident cases, but to a wide range of legal matters, including everything from product liability claims to cases arising from allegations of medical malpractice.

What is the Purpose of the Statute of Limitations? 

Statutes of limitations were put in place to help ensure that legal cases are brought in a timely manner. This in turn, is intended to make sure that evidence isn’t lost, eyewitness memories of the accident don’t fade, and that individuals can still defend themselves in court. Generally, once a number of years has passed, all of these endeavors become much more complicated, leading to erroneous court rulings. Statutes of limitations were instituted to help avoid these problems.

Can I File Suit After a Florida Car Crash? 

In Florida, car accident victims who sustain serious injuries are permitted to file lawsuits against the at-fault parties who caused their crashes. This, however, is only true for those who have not agreed to a settlement with an insurer and who file their suit before the expiration of the statute of limitations, which varies based on the state where the accident occurred.

How Long is the Statute of Limitations in Florida?

 Up until last year, the statute of limitations for all personal injury claims in Florida was four years. This meant that car accident victims had four years from the date of their crash to file a lawsuit in court. The time limit, however, was recently reduced to two years, which means that Florida accident victims now have only half the time to pursue legal action and seek compensation for their losses. There are, however, exceptions to this general rule. Those who were minors at the time of their accidents, for example, often have more time to file, as do those who didn’t immediately discover their injuries.

Call Boone & Davis for Legal Help 

If you were recently injured in a car crash in Florida and have questions about the new statute of limitations and how it could affect your own legal options, please call the experienced Fort Lauderdale car accident lawyers at Boone & Davis today. Initial consultations are offered free of charge.

Sources: 

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

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