Changes made to Florida laws in March 2023 have shortened the timeline for filing car accident injury claims. The statute of limitations has been reduced from 4 years to 2 years. What does that mean for you? If your accident happened more than 2 years ago, can you still file a claim?

If you have been injured in a car accident that wasn’t your fault and are unsure of your rights under these new laws in Florida, we urge you to contact Herman & Wells. We have a team of experienced attorneys who have spent a lot of time reviewing the ramifications of these major tort reforms and can help guide you through this process.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    It is very important to take legal action immediately after a car accident, as the new statute of limitations in Florida may limit your ability to seek compensation.
  • 2
    Florida law now allows you two years after a car accident to file a personal injury claim.
  • 3
    If more than two years have passed, there are certain exemptions or exceptions, such as if the injured person was a minor child or if the full extent of injuries was not immediately apparent.
  • 4
    If you were injured before the new law came into effect, you still have four years to file a claim.
  • 5
    You shouldn’t wait to file a claim, as any delays may limit your ability to receive compensation.
  • 6
    Contact an experienced personal injury attorney if you still have questions about the recent law changes in Florida.

The Statute Of Limitations For Car Accident Injury Claims (As Of March 2023)

On March 24, 2023, changes were made to the statute of limitations for personal injury claims filed in Florida. This has shortened the time frame for filing a claim from four years down to two. The intent of these laws was to eliminate frivolous claims, but it has also made the timeline for filing injury claims much stricter.

Under the new statute of limitations, if a plaintiff does not file a negligence lawsuit within two years of the cause of action accruing, they will be unable to bring the suit. This is a change from the previous four-year time frame.

Adverse Effects Of The New Statute Of Limitations In Florida

The shorter statute of limitations means that victims have less time to determine the full extent of their injuries collect evidence and investigate the conduct of the negligent party. This can be especially difficult for those who are less fortunate, as they may not have access to legal representation and knowledge of their rights. As such, this law could result in some deserving individuals feeling rushed and being unable to present a solid case.

The importance of staying informed on the latest legal developments regarding car accident injury claims in Florida cannot be overstated. Those who are injured in a car accident due to someone else’s negligence should make sure they are aware of their rights and the applicable laws, including any changes to the statute of limitations. It is also essential to speak with an experienced attorney who can advise on the best course of action.

A Floridian involved in a motorcycle accident fills out their injury claim form.

What Happens If More Than Two Years Have Passed?

If you were injured in a car accident due to someone else’s negligence before March 2023, you still have four years from the date of the accident to file your personal injury claim. There are some exceptions to this rule:

Your Accident Occurred Before The Effective Date

In this case, you will have four years from the date of your accident to file a negligence lawsuit. You can take advantage of this if your accident occurred before March 24, 2023, but you were unable to immediately file a claim due to extenuating circumstances such as illness or disability.

Extended Time Frame For Minors And Others With Mental Impairments

If you were under 18 years of age or mentally impaired at the time of the accident, you may be able to extend the timeline even further. In this case, minors will have four years from their eighteenth birthday to file a lawsuit while those with mental impairments are eligible for an extension of up to seven years after the cause of action accrues.

To learn more about other exceptions to the new Florida statute of limitation for car accident injury claims, or to discuss your particular circumstances with an experienced attorney, contact Herman & Wells today.

Don’t Delay: File Your Florida Car Accident Claim Asap

Given the new, stricter statute of limitations for filing car accident injury claims in Florida, it is important to act quickly. The sooner you file your