How Long After a Car Accident Can You Claim Injury in Florida?

In Florida, you generally have two years from the date of a car accident to claim an injury and file a lawsuit against the at-fault driver; this is known as the statute of limitations for personal injury claims in the state. 

Key points to remember:

14-day rule
While you have two years to file a lawsuit, Florida also has a “14-day rule” where you should seek medical attention within 14 days of the accident to strengthen your claim for compensation.

Importance of timely action 
It’s crucial to act quickly after an accident to preserve evidence and maximize your chances of a successful claim.

Consult a lawyer
If you’ve been involved in a car accident, it’s advisable to consult with a personal injury lawyer to understand your rights and options. 

Florida 14-Day Accident Law

Florida’s 14-day accident law, also known as the 14-day PIP rule, requires that anyone involved in a car accident seek medical treatment within 14 days to be eligible for Personal Injury Protection (PIP) benefits. 

The law applies to a variety of health care providers, including medical doctors, chiropractors, dentists, and hospital and emergency transportation services. The law also acknowledges the importance of addressing psychological and emotional distress. 

The law has several purposes, including:

Fraud prevention
The law aims to reduce fraudulent claims, which can help keep insurance premiums affordable.

Simplification of claims process
The law makes it easier for insurers to verify claims and approve and pay them faster.

Protection of policyholder rights
The law clearly defines policyholders’ rights and responsibilities after an accident.

Legal clarity
The law establishes a clear legal requirement that both policyholders and insurance companies must follow. 

If you miss the 14-day window, you may still be able to file a personal injury lawsuit for compensation. A qualified personal injury lawyer can help you with this process. 

Florida’s 2-year Statute of Limitations

As of March 24, 2023, the statute of limitations for car accidents in Florida is two years from the date of the accident. This applies to all types of car accidents, including those involving pedestrians or bicycles. 

Here are some other things to know about the statute of limitations for car accidents in Florida:

Wrongful death lawsuits
Family members of a deceased victim have two years from the date of death to file a wrongful death lawsuit.

Uninsured drivers
If the driver at fault was uninsured, the statute of limitations may be extended to five years.

Property damage
The statute of limitations for property damage is also two years.

Hit-and-runs
If you were involved in a hit-and-run and don’t know the other driver’s identity, you may be able to ask for more time.

Exceptions
There are some limited exceptions that may extend the statute of limitations.

Accident rule
You must seek medical care within 14 days of an accident to file a PIP insurance claim.

The shorter statute of limitations means there is less time to investigate a claim and file a lawsuit. Waiting longer can also mean losing valuable evidence and missing the opportunity to win financial compensation. 

Florida Statute of Limitations Exceptions

The statute of limitations for filing a car accident claim in Florida is usually two years from the date of the accident, but there are several exceptions: 

Discovery rule
If the injuries or damages weren’t immediately apparent, the statute of limitations may begin when they were discovered or should have been discovered. 

Incapacitated people
The statute of limitations doesn’t start for people who are incapacitated, and they have two years from the end of their incapacitation to file a claim. However, the claim can’t be filed more than seven years after the accident.

Hit-and-runs
If you were in a hit-and-run and don’t know the other driver’s identity, you can request more time to file a claim.

Defendant’s absence
If the defendant left the state or is hiding, the statute of limitations stops while they are unavailable.

False representation
If the defendant assumes a false identity to avoid the lawsuit, the statute of limitations is extended until they are found.

Catastrophic injuries
If the injured person is in such bad condition that they can’t file charges right away, the statute of limitations is extended to seven years.

Wrongful death
If the victim dies, eligible family members have two years from the date of death to file a wrongful death lawsuit.

If the at-fault driver was uninsured, the statute of limitations could be extended to five years. However, this extension depends on other requirements, such as using your no-fault (PIP) benefits.