If you are hurt in an accident, the last thing that you likely want to think about is legal rules and deadlines. Unfortunately, it is necessary to pay some attention to these laws. Under Florida’s statute of limitations, if you don’t file a lawsuit within a certain period of time, then you will be barred from doing so.
In Florida, the statute of limitations for most personal injury claims is 2 years. This means that you generally have 2 years from the date of the accident to file a lawsuit. While there are some exceptions, your best course of action is to contact a Vero Beach personal injury lawyer as soon as possible after a motor vehicle accident.
From our law offices in Vero Beach, Gould Cooksey Fennell represents accident victims throughout the Treasure Coast. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law firm today to schedule an appointment with a Vero Beach car accident attorney.
What Is the Statute of Limitations for Florida Car Accident Claims?
In any type of legal case, there is typically a statute of limitations. This law effectively puts a limit on how long after an event a legal action can be initiated. For example, in criminal cases, prosecutors often have a limited amount of time to file charges.
The same holds true for civil cases, including personal injury lawsuits. For most personal injury lawsuits, you must file a claim within 2 years. In other words, the statute of limitations for negligence (personal injury) cases in Florida is 2 years.
Generally, this means that you have 2 years from the date that you were injured to file a personal injury lawsuit. This applies to all types of personal injury cases, including car accidents, wrongful death, slips and falls, and dangerous/defective product claims.
The metaphorical clock begins to run on the statute of limitations when you are injured. For example, if you were hurt in a Vero Beach car accident on June 1, 2025, then you have until June 1, 2027, to file a lawsuit.
However, the rule is a bit different for medical malpractice cases. The 2-year period will start to run from the date of the injury or when you either discovered or should have discovered it. For example, if you were misdiagnosed, then the statute of limitations will begin to run when you learn of the correct diagnosis (since you didn’t know that you were “injured” when you got the incorrect diagnosis).
There is also a longer statute of limitations for intentional injuries. These cases are not based on a theory of negligence (carelessness). They fall into a separate category of claims with a 4-year statute of limitations.
If you do not file your Florida personal injury lawsuit within the statute of limitations, then your claim is essentially dead in the water. If you file a lawsuit after the statute of limitations has expired, the court will dismiss it. In some cases, the court may even sanction you for filing a frivolous lawsuit.
The statute of limitations is a good reason why it makes sense to always consult with a personal injury lawyer as soon as possible. Insurance companies are known for using delaying and stalling tactics. Even if they tell you that they accept liability and are prepared to offer you a settlement, they might actually be trying to run out the clock.
Your Vero Beach car accident attorney should keep a careful eye on the statute of limitations to make sure that your case is filed in a timely manner. This will help to protect your rights and ensure that you can still pursue financial compensation even if your case is ultimately settled out of court.
Are There Any Exceptions to the Statute of Limitations?
There are some exceptions to the general 2-year statute of limitations for personal injury cases. As an initial matter, Florida’s negligence statute of limitations was shortened from 4 years to 2 years, effective March 24, 2023. If you were in a car accident before that date, your case might be subject to the longer statute of limitations. Your Vero Beach personal injury attorney can help you determine what statute of limitations applies to your case.
The statute of limitations may also be extended in a few situations. As mentioned above, if a person does not discover their injury immediately (such as in a medical malpractice claim), then the clock won’t start running until they either discover it or should have discovered it. The discovery rule does not apply to all types of negligence cases, so be sure to check with your lawyer if you have any questions about it.
It may also be extended if the injury victim is not competent to bring a claim. This rule applies to minors (people under the age of 18) and those who have been declared legally insane by a court. This rule extends the statute of limitations until they become competent, up to a maximum of 7 years.
For example, if your child were in a car accident at age 13, then they would have until they turned 18 to file the claim. Alternatively, if they were in a car crash at age 6, then the statute of limitations would be extended to 7 years from the date of the accident. Alternatively, you can file a lawsuit on behalf of your child.
The statute of limitations can also be extended in cases where the at-fault party (defendant) leaves the state or goes into hiding to avoid a lawsuit. Under this rule, the statute of limitations doesn’t start to run for a defendant who is:
- Absent from the state of Florida;
- Assumes a new name; or
- Goes into hiding within Florida.
These exceptions can be a bit complicated, so if you think that one might apply to your case, the best course of action is to talk to a lawyer. They will review the facts of your case, advise you of your rights and options, and help you get a lawsuit filed within the statute of limitations.
Why Is the Statute of Limitations Important?
The statute of limitations can seem unfair, especially when you are focused on healing after an accident. 2 years isn’t a lot of time, particularly if you are spending your time visiting doctors, going to physical therapy, and recovering emotionally after a traumatic event.
While it may not seem right, the statute of limitations exists for good reason. First, it is a basic principle of fairness. Essentially, there should be a time limit on when you can be held accountable for something like a car accident. Think of it this way: if you caused a car accident when you were 20, would you want the possibility of a lawsuit to be hanging over your head for the rest of your life?
This connects to the second reason: it ensures that evidence is available. Over time, witness memories fade and evidence is lost. After too much time has passed, it can become next to impossible to either prove or defend against a personal injury claim.
Pursuing legal action promptly can ensure that you can gather the necessary evidence to support your claim. For example, if there is video footage of your car accident, you can get a copy of it before someone erases it or gets a new system. Your lawyer can also talk to witnesses while their memories are still fresh.
The statute of limitations may seem designed to prevent personal injury victims from filing lawsuits. However, it does protect both parties. Not only will filing a lawsuit in a timely manner increase the likelihood that evidence is available, but it will also provide a measure of certainty for both parties.
If you have been involved in an accident, you should act quickly to avoid the likelihood that the statute of limitations will become an issue in your case. Our Vero Beach personal injury lawyers will get to work immediately to develop a strong claim for compensation. We will then diligently pursue a settlement and, if necessary, will take your case to trial to get you the compensation that you deserve.
Does Filing a Lawsuit Mean My Case Will Go to Trial?
No. The majority of personal injury claims are resolved outside of court. Filing a lawsuit is often necessary to protect your legal rights and avoid having your case barred by the statute of limitations. It is also a way to learn more about the case through the discovery process, which can often help to strengthen your negotiating position.
Of course, if the insurance company won’t offer a fair settlement, it may be necessary to go to trial. Our Vero Beach car accident lawyers are skilled litigators who will fight to get you maximum compensation. Reach out to Gould Cooksey Fennell today to schedule a free consultation with a member of our legal team.
The Adjuster Told Me That The Insurer Accepts Liability. Do I Need to Worry about the Statute of Limitations?
Insurance adjusters work for the insurance company, not for you. While they may not have bad intentions, the simple fact is that they are not looking out for you. If you delay seeking legal counsel because of the adjuster’s representations to you, it could ultimately mean that you won’t be able to file a lawsuit at all.
Our law firm will fight to protect your legal rights, including by filing a lawsuit to ensure that you comply with the statute of limitations. We are obligated to represent your best interests, so you can trust that we will do right by you. Contact Gould Cooksey Fennell today to talk to a Vero Beach car accident attorney.
Hurt in an Accident? Reach Out Today.
If you have been hurt in any type of accident, you might not be terribly concerned about filing a lawsuit. You might think that you have plenty of time or be reassured by an insurance adjuster offering you a settlement. However, to protect your rights, you should consult with one of our Vero Beach personal injury attorneys as soon as possible.
At Gould Cooksey Fennell, we are dedicated to helping our clients get maximum compensation for their injuries. We will help you through each step of the process, including explaining how the statute of limitations affects your case. To learn more or to schedule a free initial consultation with a Vero Beach personal injury lawyer, call our law offices at 772-231-1100 or fill out our online contact form.
