When you are hurt in a car accident, the clock starts ticking on your right to seek compensation. The statute of limitations in a car accident claim is the legal deadline to file a lawsuit.
If you wait too long, you could lose the chance to recover money for your injuries, lost wages, and other expenses. Florida law has specific time limits for car accident cases, and the rules vary depending on the situation.
If you live in Pompano Beach or nearby cities like Fort Lauderdale, Miami, or West Palm Beach, this guide car accident lawyer will help you understand what matters most and what steps to take.
What Does The Statute of Limitations Mean for a Car Accident Claim?
It sets the legal deadline to file your lawsuit.
In Florida, the statute of limitations means the amount of time you have to take legal action after a car accident. Once that time runs out, you cannot file a lawsuit.
For most car accident injury claims in Florida, you have two years from the date of the crash. This law changed in March 2023. Before that, the limit was four years. Now, anyone injured in a car crash after that date has only two years to sue.
Property damage claims still have a four-year deadline. If you want to file a lawsuit to recover money for your damaged car, you have four years from the accident date.
Who Can File a Lawsuit Before the Deadline?
People who suffer physical or financial harm from the accident.
You may file a lawsuit if the crash caused you to suffer physical injuries, emotional pain, or financial losses. This includes:
- Drivers who were hit by someone else
- Passengers who got hurt in the car
- Pedestrians or bicyclists struck by a vehicle
- Family members filing a wrongful death lawsuit
If your child or someone else under 18 was hurt, Florida law may give you more time. The deadline may be extended until they turn 18, but it is best not to rely on that without speaking to a lawyer.
What Happens If You Miss the Deadline?
You likely lose your right to sue forever.
Once the statute of limitations expires, the court can dismiss your case. Even if your injuries are serious and the other driver was clearly at fault, you cannot pursue damages if the deadline has passed.
Insurance companies know these deadlines. They may stop responding or refuse to settle if you wait too long. They know you cannot take them to court anymore.
Are there any exceptions to the two-year rule in Florida?
A few special cases may give you more time.
In rare situations, the court may extend the deadline. Some examples include:
- Delayed discovery: If your injury was not known right away, the clock may start when you first noticed the problem.
- Mental incapacity: If the injured person was mentally incapacitated, the deadline may be paused.
- The at-fault driver leaves Florida: If the other driver cannot be found because they left the state, the clock may pause until they return.
These exceptions are limited and hard to prove. Do not rely on them unless you have clear evidence.
Why is Acting Early Important?
Evidence gets weaker with time.
Accident scenes change quickly. Cars get repaired. Witnesses forget details. Camera footage gets erased. Medical records become harder to track. Filing your claim early gives you the best chance to build a strong case.
You also give your lawyer more time to:
- Gather police reports and medical records
- Interview witnesses
- Get expert assessments on your injuries
- Negotiate with the insurance company
Waiting until the last minute puts your entire case at risk.
How Do Florida's No-Fault Laws Affect This Deadline?
You must start with your own insurance, but deadlines still apply.
Florida uses a no-fault system for car accidents. This means your own insurance pays for your medical bills and lost wages—up to $10,000—through Personal Injury Protection (PIP).
You must report the accident to your insurance company quickly, usually within days. Even though you start with your insurance, you may still need to sue the at-fault driver if your injuries are severe.
The two-year statute of limitations still applies if you decide to sue.
When Should You Consider Filing a Lawsuit?
When your losses are more than your PIP coverage.
You may file a lawsuit if you:
- Suffered permanent injuries
- Needed surgery or long-term care
- Lost wages for a long time
- Experienced pain and emotional distress
If your damages exceed your insurance, suing the at-fault driver may be your only option.
Can a Prior Injury or Pre-Existing Condition Affect the Filing Deadline?
It depends on whether the accident caused a new injury or worsened the old one.
Some people have injuries from the past, like a bad back, knee damage, or a previous car crash. You can still file a claim if a new accident worsens that old injury. The law examines whether the recent crash made your health problems more serious.
In this case, the statute of limitations in a car accident claim still begins on the new crash date, not the original injury date. This is true even if you had pain before. The important part is that this accident made your condition worse.
Your medical records will matter a lot. Doctors can compare your condition before and after the accident. This helps show that your current pain is not just old problems coming back; it is something new or worse.
You should also:
- Save doctor notes that explain the change in your condition.
- Keep a journal about new symptoms.
- Talk to doctors about how the new injury feels different.
The law does not expect you to be perfectly healthy before the crash. It allows people with past injuries to recover damages if a new accident made things worse.
What Steps Should You Take in the Days After the Accident?
Focus on documentation and medical care.
Here is what to do during the first few weeks after the crash:
- Keep all medical records and bills: Save receipts for treatments, medications, and therapies.
- Track your symptoms and recovery: Write down how the injuries affect your daily life.
- Get the police report: Contact the agency that responded to the crash.
- Follow up with doctors: Do not miss appointments.
- Take photos: Capture images of your injuries, your car, and the accident location.
- Log your expenses: Include gas for doctor visits, childcare, or any other related cost.
This information helps prove the harm you suffered. It also shows the court that you took the situation seriously.
Does The Statute of Limitations Apply to Wrongful Death Cases Too?
Yes, but the deadline is also two years from the date of death.
If a loved one died in a car accident caused by someone else, family members may file a wrongful death lawsuit. In Florida, the deadline is two years from the date of death, not the date of the crash.
A wrongful death claim can include damages for:
- Funeral costs
- Medical expenses before death
- Loss of financial support
- Loss of companionship
The person filing must be the personal representative of the deceased's estate.
Can You File a Claim If The Other Driver Was Uninsured?
Yes, but you may need to use your own coverage.
Florida drivers are not required to carry liability insurance. If you were hit by an uninsured driver, your uninsured motorist coverage can help. This type of coverage pays for your medical bills and lost wages when the other driver cannot.
You can still file a lawsuit against the at-fault driver, but collecting payment may be difficult. Either way, the two-year limit still applies.
What If the Accident Involved a Government Vehicle?
The deadline may be shorter, and notice rules apply.
Different rules apply if a city, county, or state vehicle hit you. In Florida, you must give written notice to the government agency within six months of the crash. Then, you must wait 180 days before filing a lawsuit.
The overall deadline to sue a government agency is still two years, but these extra steps are required.
What Can Delay a Car Accident Lawsuit?
Insurance delays, incomplete paperwork, or medical treatment.
Sometimes, people wait to file a lawsuit because they are still getting medical care or negotiating with insurance adjusters. This is common, but it can be risky.
Some delays are outside your control. The insurance company may take months to respond. You may need time to see a specialist. These things happen. However, it is still your responsibility to file your lawsuit on time.
Start building your case early, even if you are not ready to sue yet.
Can a Lawyer Help with the Deadline?
Yes, a lawyer keeps track of your legal timeline and files on time.
Protecting your legal rights is one of the most important things a lawyer does. That includes filing the lawsuit before the statute of limitations runs out. A lawyer also makes sure the paperwork is complete and filed in the right court.
Missing a deadline by even one day can end your case. Legal teams take this seriously and have systems to track all deadlines.
Can the statute of limitations be different for car accidents in other states?
Yes, every state has its own laws.
Different deadlines may apply if the accident happened in another state or involved out-of-state drivers. For example, Georgia has a two-year limit, while New York has a three-year deadline.
If you were in a crash while traveling, check the rules in the state where the accident happened.
Why Should You Avoid Waiting Until the Last Minute?
It limits your options and weakens your case.
Waiting until the final weeks or months to act can be dangerous. By then, evidence may be gone, witnesses may not remember what happened, and doctors may be harder to reach.
You also lose the chance to resolve your claim without a court. Insurance companies are more likely to settle fairly if they know you are prepared.
Acting early puts you in control.
What Should You Remember About The Statute of Limitations in Florida?
The clock starts ticking on the day of the accident.
Here is a summary of what you need to know:
- Most personal injury car accident claims in Florida must be filed within two years.
- Property damage claims have a four-year deadline.
- Wrongful death claims must be filed within two years of the date of death.
- Delays can cost you the right to compensation.
- There are a few exceptions, but they are rare.
- Acting early gives you the best chance to recover money for your losses.
If you were injured in a car accident in Pompano Beach, Fort Lauderdale, Miami, or anywhere in Florida, don’t wait to learn your legal rights. The time limit to file a lawsuit is shorter than it used to be, and the longer you wait, the harder it becomes to win your case.
Talk to a legal team that handles car accident claims in Florida daily. The attorneys at Miller & Jacobs, personal injury attorneys, can help you protect your right to compensation.
Call (877) 848-5297 to schedule a free consultation today.