In Florida, you have two years from the date of your car accident to file a personal injury lawsuit. If the case involves property damage only, you have four years. For wrongful death, it’s two years from the date of death. These deadlines are strictly enforced.
If you were in a car accident, the clock is ticking, and fast. As of March 2023, Florida law gives you just two years from the date of your accident to file a personal injury lawsuit.
That’s a sharp change from the previous four-year window, and if you miss it, even by a day, you could lose your right to pursue compensation for medical bills, lost wages, pain and suffering, or emotional distress.
Key Takeaways
- You have 2 years to file for injury, 4 years for vehicle damage.
- Missing the deadline means losing your right to sue, completely.
- Medical visits within 14 days are for insurance purposes, not legal timelines.
- Lawsuits can still be filed even if your injuries worsened, as long as you’re still within the filing period.
What Is the Statute of Limitations for a Car Accident in Florida?
Under Florida law, you now have two years from the date of a car accident to file a personal injury lawsuit, this change went into effect in March 2023.
What You Must Do Before Time Runs Out
For example, if you were hurt in a crash on April 1, 2025, you must file your claim by April 1, 2027, or your case will likely be dismissed, regardless of how serious the injuries are.
If your claim involves property damage only, such as repairing your vehicle, the statute of limitations is four years. In wrongful death cases, the timeline is two years, but it begins on the date of death, not the accident.
In some situations, like when the at-fault driver is uninsured, you may have up to five years to file a claim under your uninsured motorist policy. But that’s based on contract law, not negligence.
Avoid Dismissal: How to Protect Your Case
Filing an insurance claim does not pause this clock. Only filing a formal lawsuit stops the statute of limitations from expiring.
How Long After a Car Accident Can Someone Sue You in Florida?
If you’re on the other side of the accident, maybe you’re being accused of causing it, you can be sued up to:
- 2 years for personal injury,
- 4 years for property damage.
These are strict deadlines under the Florida statute of limitations. If a personal injury claim is filed on the 731st day after the crash, it’s likely gone.
What If Someone Finds An Injury Later?
This is where things get tricky. Some injuries, like whiplash or a mild traumatic brain injury, may not be immediately obvious. Many people assume this restarts the two-year clock, but that’s rarely the case.
Florida courts follow the “discovery rule” very narrowly. It usually applies to medical malpractice, not car accidents. So unless the injury was somehow hidden or misdiagnosed, your timeline still starts on the day of the accident.
This misunderstanding is common and dangerous. At Applebaum Accident Group, we’ve seen people miss their window simply because they thought their deadline “reset” with a late diagnosis. It doesn’t.
What Triggers the Countdown?
Under Florida car accident laws, the statute of limitations begins the day the accident occurs. This rule is fixed, and in almost all cases, it does not shift based on injury discovery, insurance communication, or medical follow-up.
Date of Accident, Not Injury Diagnosis
If your symptoms, like whiplash or nerve damage, appear weeks after the crash, the clock does not restart when you’re diagnosed. This is a common misunderstanding. In Florida, the only timeline that matters is from the actual date of the crash.
Reporting vs. Filing: Know the Difference
Filing a police report or submitting an insurance claim may feel like “taking action,” but it doesn’t protect your legal rights. The statute countdown doesn’t stop unless you file a formal personal injury lawsuit in civil court. That distinction can cost people their entire claim.
Delayed Symptoms Can Still Be Valid, If You’re on Time
Plenty of people don’t feel injured right away, especially in minor accidents. But even if symptoms worsen later, you still need to act within the two-year window. This is why speaking to a personal injury lawyer early can save you from missing the deadline entirely.
What If You Didn’t Seek Medical Help in 14 Days?
Florida’s 14-day Personal Injury Protection (PIP) rule is often confused with the statute of limitations, but they’re not the same. Missing the PIP deadline affects your insurance benefits, not your right to sue.
Helpful Resource -> Florida 14-Day Accident Law | What You Need To Know
What the PIP Rule Really Means
Florida’s no-fault insurance system allows injured drivers and passengers to receive benefits, like payment for medical bills and lost wages, regardless of fault. But to qualify, you must see a medical provider within 14 days of the accident.
Can You Still File a Personal Injury Lawsuit?
Yes. Missing the 14-day PIP window doesn’t prevent you from filing a personal injury lawsuit. However, it might give the insurance carrier room to argue that your injuries aren’t serious or weren’t caused by the crash. It’s a credibility issue, not a legal barrier.
Exceptions and Tolling: Can the Deadline Be Extended?
There are a few situations where the statute of limitations for a Florida car accident case may be paused or extended, but these situations are rare and come with very specific legal conditions.
If the Defendant Leaves the State
If the person who caused the crash moves out of Florida and cannot be reached or served, the clock may be paused until they return. This is known as tolling and only applies if the delay directly prevents the case from being filed.
If the Injured Person Is Incapacitated
For individuals who are mentally incapacitated or deemed legally incompetent at the time of the crash, the deadline may be paused until they are legally capable of pursuing a claim. This doesn’t mean a delay is guaranteed, it must meet a strict legal standard.
If the Case Involves a Minor
When a child is injured in a car accident, the filing window may be extended to allow time for a parent or guardian to file the claim on their behalf. Still, waiting too long can make recovery harder, especially if evidence is lost or records disappear.
Before assuming your case qualifies for an exception, speak with someone who knows Florida car accident laws inside and out. That’s where Applebaum Accident Group can help, we connect you with attorneys who can assess your unique situation and take quick action if you’re close to the deadline.
Misconceptions About the Statute of Limitations
A lot of people miss their filing window because they’re relying on half-truths. Let’s clear a few up:
- Filing an insurance claim is not the same as filing a lawsuit. The statute keeps ticking unless a formal lawsuit is submitted to the court.
- Negotiating with an insurance carrier doesn’t pause the clock. You could spend months talking to adjusters, and still miss your deadline.
- You don’t need a catastrophic injury to file a claim. Car accidents cause real harm, even if they don’t result in surgery or hospitalization.
- Pain and suffering or emotional distress may qualify for compensation, but they don’t change how long you have to act.
Need Help Understanding Your Deadline?
At Applebaum Accident Group, we’ve seen what happens when good people get lost in a bad system. We connect people to attorneys who respect their time, believe their stories, and know how to get results.
If you’ve been injured in a Florida car accident, don’t wait. Whether you’re unsure of your deadline or just need someone who actually picks up the phone, we’re here to help.
Take the First Step Toward Justice
If you’ve been injured in a car accident, don’t wait to seek legal help. Call Applebaum Accident Group today, and we’ll connect you with the right attorney to fight for your rights.
📞 855-225-5728 | Request Your Free Consultation Now
With Applebaum Accident Group, you get support, expertise, and access to Florida’s best attorneys – without the stress. Let us help you find the legal representation you deserve.
