How long do I have to file a car accident injury claim in Florida?

How Long Do I Have to File a Car Accident Injury Claim in Florida?

In Florida, you generally have two years from the date of the accident to file a personal injury lawsuit after a car accident. When you’ve been injured in a car accident, the last thing you want to think about is paperwork and deadlines. But under Florida law, time is one of the most critical factors in protecting your right to recover compensation. Understanding how long you have to file a car accident injury claim in Florida could make the difference between receiving the financial support you deserve—or losing that right entirely.

At Perkins Law Offices in Miami, we help accident victims throughout Florida navigate this exact question every day. Our team ensures that no deadline or detail slips through the cracks, so clients can focus on recovery while we handle the legal complexities.

Understanding Florida’s Statute of Limitations for Car Accident Injury Claims

Florida law sets a strict statute of limitations for personal injury and car accident cases. In most cases, you have two years from the date of the accident to file a lawsuit for injuries or damages caused by another party’s negligence.

This means if your accident occurred on October 14, 2023, you generally have until October 14, 2025 to take legal action. Failing to file within this period typically bars you from pursuing compensation—no matter how strong your case may be.

The statute of limitations exists to ensure fairness and efficiency in the justice system, but for injured individuals, it underscores the importance of acting quickly and consulting a qualified attorney as soon as possible.

Why Timing Matters More Than You Think

It’s common for car accident victims to delay seeking legal help because they hope their injuries will heal or that the insurance company will “do the right thing.” Unfortunately, waiting too long can seriously harm your case.

• Evidence can disappear — skid marks fade, vehicles are repaired, and surveillance footage may be erased.

• Witnesses’ memories weaken — the details that could support your claim may become unclear over time.

• Insurance companies use delay to their advantage — they often push for low settlements or deny claims altogether once time limits approach.

Perkins Law Offices acts immediately to preserve evidence, document your injuries, and communicate with insurers. Our early involvement strengthens your claim and maximizes your potential recovery.

How Florida’s “No-Fault” Insurance System Affects Your Timeline

Florida follows a no-fault insurance system, which means that after a car crash, you first turn to your own Personal Injury Protection (PIP) coverage—regardless of who was at fault.

However, this system can create confusion about when and how to pursue a personal injury lawsuit. Under Florida law:

• You must report your accident to your insurance company within 14 days to qualify for PIP benefits.

• You can only step outside the no-fault system and file a lawsuit if your injuries are serious enough—such as permanent disability, disfigurement, or significant loss of function.

This is where a Miami car accident lawyer can guide you. Perkins Law Offices helps clients determine when their injuries meet the legal threshold for filing a personal injury claim and ensures all procedural deadlines are met.

Exceptions to the Two-Year Rule

While the general deadline to file a car accident injury claim in Florida is two years, certain situations can extend or shorten this window. For example:

• Wrongful death claims: If a loved one dies due to car accident injuries, the family has two years from the date of death (not the date of the accident) to file a wrongful death lawsuit.

• Government liability: If a government entity (such as a city vehicle) is involved, you must give notice within 6 months and follow specific claim procedures before suing.

• Minors or incapacitated individuals: In limited circumstances, the filing period may be extended if the injured person is underage or legally incapacitated at the time of the crash.

Because these rules are complex, consulting a Florida car accident attorney early is essential to protect your rights.

What Happens If You Miss the Deadline?

Missing the statute of limitations can have devastating consequences. The court will almost always dismiss your case, and insurance companies will have no legal obligation to negotiate.

Even if your injuries are severe or liability is clear, you cannot recover damages once the deadline expires. That’s why Perkins Law Offices emphasizes immediate legal consultation after any serious accident.

Attorney Alexander J. Perkins often tells clients, “Time is not your ally after a crash. The sooner we can start investigating, the stronger your claim becomes.”

This proactive approach has helped numerous Florida accident victims secure full and fair compensation before time ran out.

How Perkins Law Offices Protects Your Right to File

At Perkins Law Offices, every car accident case begins with a detailed timeline review. Our team identifies key deadlines, collects critical evidence, and coordinates with medical experts to substantiate your injuries.

We manage all communication with insurers, adjusters, and opposing counsel—ensuring nothing jeopardizes your filing window. Our firm also handles complex cases involving rideshare accidents, commercial vehicles, uninsured drivers, and government-owned vehicles, where deadlines and procedures can differ.

By working with a seasoned Miami car accident attorney, you gain a legal partner who understands how Florida’s laws, insurance rules, and procedural timelines intersect to affect your claim.

Real-Life Example: Acting Fast After a Miami Car Crash

Consider this real case example handled by Perkins Law Offices:
A client injured in a rear-end collision on I-95 waited nearly 18 months before seeking legal advice. By that time, crucial dashcam footage had been deleted, and witnesses were unreachable. Despite the challenges, our team quickly gathered medical evidence, reconstructed the crash, and filed the lawsuit just weeks before the deadline.

The result? A significant settlement that covered medical expenses, lost wages, and long-term therapy. This case highlights why waiting can cost you evidence, leverage, and peace of mind.

How to Protect Yourself After a Car Accident

If you were injured in a car accident in Florida, take these immediate steps to preserve your right to file a claim:

1. Report the crash right away. Notify your insurer within 14 days.

2. Get medical treatment immediately. Document every injury, no matter how minor it seems.

3. Collect evidence. Photos, witness contacts, and police reports are invaluable later.

4. Consult a car accident lawyer in Miami. A lawyer ensures that every filing deadline, insurance claim, and legal requirement is met correctly and on time.

Perkins Law Offices offers free consultations to help victims understand their options before the statute of limitations expires.

How long do I have to file a car accident injury claim in Florida?

Frequently Asked Questions (FAQs)

1. How long do I have to file a car accident injury claim in Florida?

Under Florida law, you generally have two years from the date of the accident to file a lawsuit for personal injuries resulting from a car crash.

2. What if I miss the two-year deadline?

If you miss the filing deadline, your case is almost always dismissed, and you lose your right to pursue compensation.

3. How long after a car accident can you file an insurance claim in Florida?

You must report the accident to your PIP insurer within 14 days to be eligible for benefits.

4. Does the deadline change for minors or wrongful death cases?

Yes. Wrongful death lawsuits must be filed within two years of the victim’s death, and minors may have extended filing rights in some cases.

5. How can a car accident lawyer in Miami help me meet these deadlines?

An experienced attorney like those at Perkins Law Offices will track your filing deadlines, handle insurance communications, gather evidence, and ensure your case is filed properly within Florida’s legal timeframe.

Contact Perkins Law Offices Today

If you’ve been injured in a car accident in Miami or anywhere in Florida, don’t wait until the clock runs out. Contact Perkins Law Offices for a free, no-obligation consultation. Our firm has decades of experience handling Florida car accident claims, helping victims recover compensation for medical bills, lost wages, pain and suffering, and long-term rehabilitation.