In Florida, most injured drivers have two years to file a negligence based car accident lawsuit, and the deadline usually starts on the crash date. If a lawsuit is filed late, the court can dismiss it even if the other driver caused the wreck. Florida shortened this time limit in 2023, so advice you heard years ago may no longer be accurate. Some cases, including wrongful death claims and crashes involving government vehicles or unsafe roads, can follow different rules.
Read on for a practical guide to Florida’s most important car crash deadlines, plus simple steps that can protect your claim while evidence is still fresh. For additional background on Florida crash claims, injuries, and next steps, see this Sarasota car accident guide.
Understand What the Statute of Limitations Actually Does
A statute of limitations is the legal time limit to file a lawsuit. It exists because witness memories fade, vehicles get repaired, and video footage gets overwritten. That means you can have a legitimate injury and still lose the right to pursue compensation if you wait too long to file in court.
Know Florida’s Standard Two Year Deadline for Most Car Accident Lawsuits
Florida’s main deadline for negligence claims appears in Florida Statutes section 95.11. In most crash related injury cases, the filing window is two years from the accident date.
If the Crash Was Fatal, Understand the Wrongful Death Deadline
If a crash results in a death, Florida generally provides a two year period to file a wrongful death lawsuit. These cases can also involve questions about who has authority to file and what losses survivors can recover, so families often benefit from early guidance.
If a Government Vehicle or Road Hazard Played a Role, Expect Extra Notice Rules
When a city, county, or state agency may be responsible, Florida law can require pre suit notice and specific procedures under Florida’s sovereign immunity statute. In addition, the state’s risk management division describes a 180 day investigation period for many state liability claims. These extra steps can affect timing and strategy, so it helps to identify potential government involvement early.
Do Not Assume Insurance Negotiations Pause Your Filing Deadline
Many people start with the insurance claim process, especially while they focus on medical appointments and missed work. That is completely normal. But negotiating with an insurer does not automatically pause the statute of limitations. Track the lawsuit deadline from day one so you do not get cornered by time while you are still treating.
Do Not Miss Florida’s 14 Day PIP Deadline for Medical Benefits
Separate from the lawsuit filing date, Florida’s no fault system generally requires initial medical services and care within 14 days to qualify for PIP benefits. Getting checked out protects your health and creates documentation that often becomes important later, even if symptoms show up gradually.
Take These Steps Early to Protect Your Claim and Preserve Evidence
No two crashes are identical, but these steps are consistently helpful:
- Seek medical care promptly and follow up if symptoms change or worsen.
- Take photos of the vehicles, the road, and traffic controls if it is safe to do so.
- Get contact information for witnesses and note nearby businesses or cameras.
- Request the crash report and keep a folder for bills, estimates, and time missed from work.
- Consider speaking with a qualified attorney early so you understand the deadline and preserve evidence before it disappears.
Protect Your Claim Before the Filing Deadline Runs Out
Florida’s two year lawsuit filing deadline for car accidents is statutorily mandated. While special rules apply for car accident lawsuits involving a death or against a government entity that can either shorten or extend the statute of limitations, retaining an experienced car accident law firm can ensure you don’t miss any deadlines. Missing a filing deadline can entirely lose your legal rights to compensation after a car accident. Do not wait.
Author Name: Attorney Joshua Dannheisser
Author Bio: Joshua Dannheisser is a personal injury trial attorney at Dannheisser Injury Law in Sarasota, Florida. He provides personalized service to every client and his drive, background and dedication make him the relentless litigator who goes the extra mile for those he represents.