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How long after a car accident do you have to file a lawsuit in Florida?

| Jul 4, 2021 | Motor Vehicle Accidents

The hours, days, weeks, and possibly months following a car wreck can be very stressful. You might have a lot going on during this period, especially if you sustained serious injuries as a result of the accident. Filing a claim for compensation may not seem important at the time, especially if you are trying to recover and get back on your feet. However, it is crucial that you make this a priority as soon as you can. 

There are specific deadlines that you are required to meet in order to be eligible for compensation for your car accident injuries and damages, referred to as statutes of limitations on any claim.

Florida’s statute of limitations for auto accident claims

Generally, the statute of limitations for auto accident cases in Florida is four years for both personal injuries and property damage claims. Thus, you have four years from the date of your auto accident to file a lawsuit against the at-fault party. The statute of limitations may be extended to five years if the at-fault driver was uninsured. 

Exceptions to statutes of limitations for auto accidents in Florida

There are some exceptions to this statute of limitations. The time limit for filing your claim may be different if any of these exceptions apply to your situation:

  • The accident resulted in a fatality
  • The victim is a minor or is mentally unstable

For example, if a loved one died in a car wreck, you would only have two years to bring a wrongful death lawsuit against the responsible party, not four.

Getting involved in an auto accident can be a traumatizing experience. And figuring out the legal aspects of things and dealing with the insurance company can worsen an already grave situation. An experienced advocate can take the burden off your shoulder and help you get the compensation you deserve for your injury and/or property damage.