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Statute of Limitations for a Florida Car Accident

Fiol & Morros Law Group|Posted in Car Accidents on October 1, 2021

If you were recently in a car accident in Florida, you undoubtedly have had a lot to deal with in the days, weeks, and months afterward. Handling ongoing medical care, arranging for alternative transportation, and coping with losses from lost wages can all tie up your time in an instant.

Although all that’s plenty important, you cannot let time slip away or you could end up missing your chance to file a personal injury case. The statute of limitations for Florida car accidents starts ticking right away, counting down to your last chance to file a claim.

Wondering just how long you have until time runs out? Here’s a look at the statute of limitations Florida car accident rules – and how to proceed while you still have time.

What is the Statute of Limitations for Car Accidents in Florida?

The total amount of time to file your car accident case in Florida depends on your reason for filing, such as:


If you or your loved ones were seriously injured in a car accident, you have four years to file your case. The countdown starts from the date of the collision, giving you lots of time to get your paperwork into the court.

Property Damage

The four year statute of limitations on Florida car accidents applies to cases regarding property damage alone as well. If an injury occurred in that same accident, you’ll need to file the claims together before the deadline.


For accidents that resulted in the loss of a loved one, you only have two years to file your wrongful death lawsuit against the responsible party. Unlike other car accident cases, the time doesn’t start counting down until the individual passes away.

There are no exceptions to the statute of limitations Florida car accident rule. If you miss the deadline, you won’t be able to file your case, leaving you having to handle the losses without any recourse. Even if you do manage to file your paperwork, the court will reject your case on the grounds that you let time run out. Extenuating circumstances are almost never considered, so avoid that by filing as soon as you can.

Avoid Missing the Filing Deadline by Starting Your Case As Soon As Possible

Even if your personal injury lawyers work fast, it still takes time to review the case and complete all the filing paperwork. For that reason, you should reach out to a lawyer to discuss your case as soon as reasonably possible.

Depending on the specifics of your case, your lawyer may want to first work through the insurance claim process in hopes of negotiating a settlement on your behalf. If their offer does not meet your expectations, then they’ll need to get started on the paperwork and send it into the local court for review.

How to File a Car Accident Case for Injuries, Property Damage, or Wrongful Death

Your first step in filing your car accident case for injuries, property damage, and wrongful death is contacting a skilled personal injury lawyer. You want someone with extensive experience on their side plus tons of skills at the negotiations table and the courtroom. They should understand all the Florida car accident laws surrounding your case, including the statute of limitations.

Once you find a lawyer, you’ll want to schedule your free consultation appointment. At that meeting, your lawyer will have you go over the car accident in detail. Although this might feel painful, they need as much info as possible to help you fully recoup your losses. You’ll also need to go over your physical and intangible losses, including pain and suffering.

With all the details in hand, your car accident lawyer will let you know what to expect from filing a case. They’ll confirm that you’re well within the two- to four-year statute of limitations, and then give you time to decide if you’d like to move forward with your case. If so, your lawyer will either work with the insurance company, if possible, or complete your paperwork for the court.

After that, you can expect your personal injury attorney to stay by your side every step of the way. They will help you understand what to expect from each step as they fight for the compensation you deserve.

Want to File Your Car Accident Case? Contact Our Team at Fiol & Morros Law Group

If the statute of limitations for your Florida car accident is coming up fast, get in touch with our team at Fiol & Morros Law Group right away. We’re always available at (877) 296-3668 to set up your free consultation and discuss your case. Our personal injury lawyers will review your case details and help you explore all the options available to you. With our support, you can get the info needed to decide if you’d like to seek compensation from the party responsible for your car accident.