When you get hurt in a car accident in Florida, you may choose to pursue legal claims to recover compensation for your injuries and property damage. However, various deadlines apply to filing car accident claims in Florida. Missing these deadlines may jeopardize your right to pursue financial recovery. As a result, understanding the applicable deadlines for car accident claims can help you protect your options for seeking coverage.
Florida’s Statute of Limitations for Car Accident Claims
Under Florida’s statute of limitations, you typically have two years after a car accident to file an injury claim against an at-fault driver or other liable parties. Conversely, you may have four years to file a claim for property damage that occurs in the accident. Courts strictly enforce the statute of limitations. If you file a lawsuit after the limitations period expires on your claim, you may lose the right to demand financial recovery from a liable party.
Exceptions That Could Shorten or Extend the Deadline
Various exceptions can shorten or lengthen the amount of time a person has to file a car accident claim. For example, various legal doctrines can pause or “toll” the statute of limitations. When a car accident victim suffers a physical or mental incapacity that renders them unable to pursue their claim, a court may toll the limitations period. Furthermore, a minor under 18 may have the limitations period for their car accident injury claim tolled until they turn 18 and gain the legal right to pursue a lawsuit on their own.
Other circumstances can slightly extend the statute of limitations. For example, when a person dies from injuries they sustained in a car accident, their family has two years from the person’s death to file a wrongful death claim, rather than two years from the date of the car accident.
Furthermore, special rules apply to car accident claims against state or local governments in Florida. Under Florida law, a claimant must present their claim to the appropriate agency within three years of a car accident (or two years for wrongful death claims). Similarly, a car accident claim against the federal government requires an individual to present notice of their claim to the appropriate federal agency within two years of an accident.
The Importance of Acting Quickly
Filing a car accident claim within the applicable deadline has numerous benefits beyond preserving your right to seek compensation from a liable party. Most importantly, acting quickly can prevent a situation where critical evidence, such as photos or physical evidence, is lost over time or witnesses’ memories fade. Acting quickly after an accident can also preserve your right to insurance benefits, including PIP coverage, as state law requires you to seek medical attention within 14 days of a car crash to maintain eligibility for PIP benefits.
Delays in pursuing your car accident claims can weaken your claim and reduce your compensation, as waiting to start your case may give an insurance company or at-fault driver a basis to argue that your claimed injuries resulted from something other than the crash. Similarly, delaying medical treatment for your injuries can undermine the strength of your injury claim, as an insurer may argue that you failed to mitigate your losses by allowing your injuries to go untreated or that your lack of treatment indicates that you did not suffer as severe an injury as you claimed.
Contact a Car Accident Lawyer Today
After suffering injuries in a Florida car accident, seeking prompt legal counsel can help you file your compensation claims on time. Contact Hutch Firm today for a free, no-obligation consultation with a car accident attorney to learn when you must file a car accident claim in Florida.