How Long After a Car Accident Can You Sue in Florida?
Understanding Florida's statute of limitations, critical deadlines, and exceptions that could affect your right to file a lawsuit after a car accident. Learn about the 2-year deadline and when the clock starts ticking on your injury claim.
If you've been injured in a Florida car accident, contact Cardinal Law at 239-610-0845 for a free consultation.
Quick Answer: The 2-Year Deadline
In Florida, you generally have 2 years from the date of the car accident to file a personal injury lawsuit. This deadline was reduced from 4 years when Florida Legislature passed HB 837 in March 2023.
Critical date: Accidents occurring on or after March 24, 2023, are subject to the 2-year statute of limitations under Florida Statute § 95.11(3)(a).
Missing this deadline typically means losing your right to compensation forever—regardless of how strong your case is.
What is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. Once this deadline passes, you are generally barred from filing a lawsuit, even if you have a valid claim with clear evidence of fault and damages.
These deadlines exist for several reasons:
- Evidence preservation: Physical evidence and witness memories deteriorate over time
- Fairness to defendants: People and businesses shouldn't face the threat of lawsuits indefinitely
- Judicial efficiency: Encourages timely resolution of disputes
- Finality: Allows all parties to move forward with certainty
Important Legal Change - March 2023
Florida's personal injury statute of limitations was reduced from 4 years to 2 years for accidents occurring on or after March 24, 2023. This significant change means Florida now has one of the shortest deadlines in the nation for car accident injury claims.
When Does the Clock Start Ticking?
For most car accident cases, the statute of limitations begins on the date of the accident. This is typically straightforward—if you were in a car accident on January 15, 2025, you would generally have until January 15, 2027, to file a lawsuit.
Different Deadlines for Different Claims
Personal Injury Claims: 2 Years
Florida Statute § 95.11(3)(a)
Covers bodily injuries from the accident, including medical expenses, lost wages, pain and suffering, and other injury-related damages. Applies to accidents on or after March 24, 2023.
Property Damage Claims: 4 Years
Florida Statute § 95.11(3)(c)
Covers damage to your vehicle and personal property. This deadline was not changed by the 2023 legislation and remains at 4 years.
Wrongful Death Claims: 2 Years
Florida Statute § 95.11(4)(d)
If a car accident results in a fatality, the statute of limitations for wrongful death claims is 2 years from the date of death (which may differ from the accident date if the victim survived for some time).
Critical Distinction
You can have both personal injury and property damage claims from the same accident, each with its own deadline. You could theoretically wait up to 4 years to sue for vehicle damage, but only 2 years for bodily injuries. However, it's strategically advantageous to handle all claims together.
The Discovery Rule: When Injuries Appear Later
Not all injuries are immediately apparent after a car accident. Some serious conditions may not manifest symptoms until days, weeks, or even months later. Florida law recognizes this reality through the "discovery rule."
How the Discovery Rule Works
Under the discovery rule, the statute of limitations may begin when you discover—or reasonably should have discovered—your injury, rather than on the accident date itself. However, there are important limitations:
Common Delayed-Discovery Injuries
- Traumatic brain injuries (TBI): Symptoms like memory problems, mood changes, or cognitive difficulties may emerge gradually
- Soft tissue injuries: Whiplash and other neck/back injuries often worsen over time
- Internal injuries: Organ damage or internal bleeding may not present immediate symptoms
- Herniated discs: Spinal injuries that develop into chronic pain conditions
- Post-traumatic stress disorder (PTSD): Psychological injuries that manifest later
The Statute of Repose: An Absolute Deadline
Florida law also includes a "statute of repose" that creates an absolute deadline regardless of when injuries were discovered. For medical malpractice cases, this is typically 4 years from the date of the incident (or 2 years from discovery, whichever comes first, with some exceptions).
While car accident cases don't have a separate statute of repose, the practical effect is similar: courts are unlikely to extend the statute of limitations beyond 4 years from the accident date, even under the discovery rule.
Don't Rely on the Discovery Rule
The discovery rule is a complex legal doctrine that requires proving you couldn't have reasonably discovered your injuries earlier. It's not automatic and often requires litigation to establish. Never wait to file a claim assuming the discovery rule will protect you—consult an attorney immediately upon discovering any injuries related to an accident.
When the Clock Stops: Tolling the Statute of Limitations
Certain circumstances can "toll" (pause) the statute of limitations, effectively extending your deadline to file a lawsuit. However, these exceptions are narrow and require specific legal conditions to be met.
1Minority (Under Age 18)
If the injured person is a minor (under 18 years old) at the time of the accident, the statute of limitations typically doesn't begin until they reach age 18.
Example:
A 15-year-old injured in a car accident on June 1, 2025, would have until their 20th birthday (2 years after turning 18) to file a lawsuit—not until June 1, 2027.
Important: Parents can still file claims on behalf of minors before the child turns 18, and it's often advisable to do so while evidence is fresh.
2Mental Incapacity
If the injured person is mentally incapacitated at the time of the accident (and the incapacity was not caused by voluntary intoxication), the statute of limitations may be tolled during the period of incapacity.
This exception requires medical documentation proving the person lacked the mental capacity to understand their legal rights or make decisions about pursuing a claim.
3Defendant Absence from Florida
Under Florida Statute § 95.051, if the defendant (person you're suing) is absent from Florida or conceals themselves, the time during their absence may not count toward the statute of limitations.
Note: This exception has limitations. Brief absences or residence in another state for legitimate reasons typically won't toll the deadline. The defendant must be "absent from the state" in a way that prevents service of process.
4Fraudulent Concealment
If the defendant fraudulently conceals facts that would have led you to discover your claim, the statute of limitations may be tolled until you discover (or should have discovered) the fraud.
This is a high bar to meet and requires proof that the defendant actively concealed information, not merely that you failed to investigate your potential claims.
Insurance Claims vs. Lawsuits: Different Timelines
It's crucial to understand that the statute of limitations for filing a lawsuit is different from deadlines for filing insurance claims.
Insurance Claim Deadlines
- PIP (No-Fault) Claims: Must seek medical treatment within 14 days and file claim within policy timeframe (typically 30-60 days)
- Third-Party Claims: Must notify at-fault driver's insurance "as soon as practicable" (typically within days or weeks)
- Uninsured Motorist: Must provide notice to your own insurance company within policy terms
Lawsuit Deadline
- Personal Injury Lawsuit: 2 years from accident date (or discovery of injury in rare cases)
- Property Damage Lawsuit: 4 years from accident date
- Lawsuit can be filed even while insurance negotiations continue
Critical Strategic Point
You should file insurance claims immediately after an accident (within days or weeks), but you have up to 2 years to file a lawsuit. Most car accident cases settle through insurance negotiations without ever filing a lawsuit. However, your attorney may need to file a lawsuit before the deadline to preserve your rights if negotiations aren't progressing or the insurance company is acting in bad faith.
Why You Shouldn't Wait Until the Deadline
While you technically have 2 years to file a lawsuit, waiting until close to the deadline is dangerous and can significantly harm your case. Here's why you should act quickly:
Evidence Deteriorates
Physical evidence like skid marks, vehicle damage, and debris disappears. Surveillance footage is often overwritten. Accident scenes change.
Witnesses Forget
Witness memories fade over time. People move away, change phone numbers, or become unavailable. Fresh testimony is more credible.
Documents Get Lost
Medical records, police reports, repair estimates, and employment records can be lost, archived, or become harder to obtain as time passes.
Insurance Leverage Decreases
Insurance companies know when deadlines are approaching. As your deadline nears, they have more leverage in negotiations and may offer less.
Attorney Availability
Experienced attorneys may decline cases close to the deadline because there's insufficient time to properly investigate and build your case.
Calculation Errors Risk
Missing the deadline by even one day can be catastrophic. Holidays, weekends, and court filing procedures can create confusion about exact deadlines.
Best Practice Timeline
Consult an attorney within days or weeks of your accident, not months or years. Most personal injury attorneys offer free consultations and work on contingency (no fee unless you win). There's no advantage to waiting, and significant risks to delaying.
What Happens If You Miss the Deadline?
Missing the statute of limitations is usually fatal to your case. Here's what typically happens:
The Defendant Files a Motion to Dismiss
If you file a lawsuit after the statute of limitations has expired, the defendant's attorney will file a motion to dismiss based on the statute of limitations. This is typically one of the first things they'll check.
The Court Dismisses Your Case
Unless you can prove an exception applies (like tolling or the discovery rule), the court will grant the motion to dismiss. The merits of your case—how badly you were injured, how clear the defendant's fault is—become irrelevant.
You Lose Your Right to Compensation
Once the statute of limitations expires and your case is dismissed, you permanently lose your ability to seek compensation through the courts. This is true even if you have hundreds of thousands of dollars in medical bills and lost wages.
Insurance Leverage Disappears
Even before the deadline passes, insurance companies know when it's approaching. Once it passes, they have zero incentive to offer any settlement because they know you can't sue them.
No Second Chances
Unlike many other legal mistakes that can be corrected or appealed, missing the statute of limitations is typically permanent and irreversible. Courts have very limited discretion to extend these deadlines.
Case example: In Tanner v. Hartog, 696 So. 2d 705 (Fla. 1997), the Florida Supreme Court emphasized that the statute of limitations is "an absolute bar to recovery" when it expires, even in cases with compelling facts and clear negligence.
Special Circumstances That Affect Deadlines
Government Entity Defendants
If your accident involved a government vehicle (police car, city bus, county maintenance vehicle), Florida's sovereign immunity laws create additional notice requirements:
- You must provide written notice to the government entity within 3 years of the incident
- For claims against state agencies, you may need to file a notice of claim with the Department of Financial Services
- Cities and counties have their own notice procedures and deadlines
- Failure to provide proper notice can bar your claim entirely, even if you file suit within 2 years
Note: Government claims are complex and have strict procedural requirements. Consult an attorney immediately if your accident involved any government entity.
Hit-and-Run Accidents
When the at-fault driver flees the scene and is never identified, you may need to file a claim against your own uninsured motorist (UM) coverage. The statute of limitations still applies:
- You have 2 years to file a lawsuit against your own insurance company for UM benefits
- Even if the hit-and-run driver is later identified, the 2-year deadline from the original accident typically still applies
- Your insurance policy may have shorter notice requirements (typically 30-60 days)
Out-of-State Accidents
If your accident occurred in another state but you're a Florida resident (or vice versa), determining which state's statute of limitations applies can be complex:
- Generally, the law of the state where the accident occurred governs
- Florida's 2-year statute may not apply if the accident happened elsewhere
- Some states have 1-year, 2-year, 3-year, or even 6-year statutes of limitations
- Choice of law rules can be complicated when parties are from different states
Always consult with an attorney about which jurisdiction's laws apply to your specific situation.
Steps to Protect Your Rights and Meet Deadlines
Follow this timeline to ensure you don't miss critical deadlines and maximize your compensation:
At the Accident Scene & Within Hours
- Call 911 and get medical attention
- Document the scene with photos and videos
- Exchange information with other drivers
- Get witness contact information
- Report the accident to your insurance company
Critical Early Window
- Seek medical treatment (must be within 14 days for PIP coverage)
- Obtain a copy of the police report
- Start documenting all accident-related expenses
- Consult with a personal injury attorney (free consultation)
- Do NOT give recorded statements to insurance companies without legal advice
Building Your Case
- Continue all recommended medical treatment
- Your attorney investigates the accident and gathers evidence
- Send demand letter to at-fault party's insurance
- Begin settlement negotiations
- Preserve all evidence and documentation
Negotiation Phase
- Reach maximum medical improvement (MMI)
- Calculate total damages including future medical costs
- Engage in settlement negotiations with insurance companies
- File lawsuit if necessary to preserve rights before 2-year deadline
- Most cases settle during this phase
Critical Deadline Approaching
- MUST file lawsuit before 2-year deadline
- Discovery process begins if lawsuit filed
- Depositions, interrogatories, document production
- Settlement negotiations may continue during litigation
- Mediation typically ordered by the court
Frequently Asked Questions
What is the statute of limitations for car accident lawsuits in Florida?
Florida's statute of limitations for personal injury claims arising from car accidents is 2 years from the date of the accident. This deadline was reduced from 4 years in March 2023. If you don't file your lawsuit within this timeframe, you will likely lose your right to seek compensation through the courts.
Does the 2-year deadline apply to all car accident claims?
The 2-year statute of limitations applies to personal injury claims. However, property damage claims have a different deadline of 4 years under Florida Statute § 95.11(3)(c). If a car accident resulted in a fatality, the wrongful death statute of limitations is 2 years from the date of death under Florida Statute § 95.11(4)(d).
What happens if I discover my injuries later?
Florida's discovery rule may extend the statute of limitations if you didn't know—and couldn't reasonably have known—about your injuries immediately after the accident. However, Florida has a statute of repose that sets an absolute deadline of 4 years from the date of the accident, regardless of when injuries were discovered. This is particularly relevant for latent injuries like soft tissue damage or traumatic brain injuries.
Are there exceptions that can extend the filing deadline?
Yes, certain circumstances can toll (pause) the statute of limitations. If the injured person is under 18 years old, the clock typically doesn't start until they turn 18. If the at-fault driver leaves Florida, the time they're out of state may not count toward the deadline. Mental incapacity at the time of the accident may also pause the clock. However, these exceptions are complex and require legal evaluation.
Should I wait until the deadline to file my lawsuit?
Absolutely not. Waiting until close to the deadline is risky and can harm your case. Evidence deteriorates over time, witnesses' memories fade, and crucial documentation may be lost. Insurance companies are also less likely to offer fair settlements as the deadline approaches. It's best to consult with an attorney as soon as possible after your accident to preserve your rights and build the strongest case possible.
What if I'm still treating for my injuries when the 2-year deadline approaches?
You can file a lawsuit even while still receiving medical treatment. In fact, it's often necessary to file before you've reached maximum medical improvement to preserve your rights. Your attorney can continue negotiating with insurance companies or proceed with litigation while your treatment continues. Damages for future medical expenses can be included in your claim based on expert medical testimony.
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