Is there a deadline for filing a lawsuit after a car accident in Florida?
Yes, Florida has a statute of limitations for lawsuits involving car accidents. If you or a loved one has been injured in a crash through no fault of your own, you should contact a lawyer as soon as possible to ensure it is not too late to file a claim.
Under Florida law, you generally have four years from the date of the auto accident to file a personal injury lawsuit or two years to file a wrongful death lawsuit. In some circumstances, these time limits are extended.
The deadline for filing a lawsuit is usually based on the date of the accident (or date of death). However, if an injury sustained in the accident is not discovered until later, the four years would begin as of the date of diagnosis. If an accident victim was a minor at the time of the crash, their age can also extend the time in which a claim must be filed.
In claims against government agencies in Florida, a separate law requires personal injury claims to be filed within four years and for notice to be given to the agency within a specific time period.
Personal injury and wrongful death lawsuits can be complex. It takes time to investigate and prepare a car accident case before a claim can be filed.
Evidence must be carefully collected and analyzed, including accident scene photos, the vehicles, black box data, cell phone records, toxicology tests and driver records. Witnesses must be interviewed, and accident reconstruction experts often must be consulted. Insurance policies must be examined as well to determine the amount of coverage available.
Additionally, in order to determine the full extent of a victim’s injuries, medical records must be obtained and reviewed by qualified medical experts. These experts will need time to forecast any future medical care a victim may require.
To learn more, please our pages on personal injury and wrongful death.
To ensure the statute of limitations does not bar you from seeking compensation you deserve, you should contact an experienced Florida car accident attorney as soon as possible after an accident.
At Frank M. Eidson, P.A., our initial consultation is free. When we meet, we can advise you about the steps that we will need to take to prepare your case for a pre-lawsuit settlement or filing of a claim. Simply contact us today to get started.
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I am a hands-on attorney, investigating personal injury cases personally. To build strong legal cases, I often go on site where accidents occur to gain a better understanding of the facts. Most lawyers won’t do that.
I represent Florida residents in personal injury cases and workers’ compensation cases.