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.
Call us today to schedule a consultation!
The Cliff Notes: Key Takeaways From This Post
This post contains a detailed timeline of the car accident injury claims process in Florida; however, here are the key takeaways if you are in a rush:
- 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.
- Florida law now allows you two years after a car accident to file a personal injury claim.
- 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.
- If you were injured before the new law came into effect, you still have four years to file a claim.
- You shouldn’t wait to file a claim, as any delays may limit your ability to receive compensation.
- 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.
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 claim and hire an experienced attorney who can help build a strong case on your behalf, the more likely you are to receive fair compensation for your damages. If you or a loved one were injured in an accident, contact Herman & Wells immediately. In order to take legal action sooner rather than later a car accident in Florida, it is important to take immediate steps such as:
Seeking Medical Attention
Get help from a doctor right away, even if you don’t feel injured. Some injuries take time to manifest, and it is important that your doctor document your injuries right away so there can be no question of when they occurred.
Collecting Evidence From The Accident
Take photos of the accident scene if possible, get contact information from any witnesses present, and keep a record of all medical bills related to your injury.
Documenting Any Relevant Facts
Write down details that you remember about the accident, including the time and location. Make notes of any conversations you have with insurance companies or other parties.
Contact An Experienced Personal Injury Attorney Asap
The process of filing a car accident injury claim in Florida can be complex, and the stakes are high. Those who attempt to take on the case themselves may find that they are hindered by inadequate knowledge of the law or a lack of experience with insurance companies. They may also have difficulty obtaining compensation for pain and suffering, which is often not covered by insurance.
That’s why it is important to contact an experienced personal injury attorney as soon as possible after an accident. An experienced attorney can help you understand the applicable laws and fight for a fair settlement on your behalf. They can also advise you on how to proceed with filing a claim under the new Florida statute of limitation.
When selecting an attorney to represent you in a car accident injury claim in Florida, it’s important to take the time to vet each potential candidate carefully. Here are some tips for finding the best lawyer for your case:
Research Their Experience And Track Record
Researching an attorney’s background is essential. Find out how long they have been practicing and what kind of cases they usually handle. A good attorney should also be able to provide you with a record of successful outcomes for similar claims.
Check Their Specialization
Make sure the lawyer you choose has experience in personal injury law, specifically car accident injury claims in Florida. The more experience they have in the specific area of law you are dealing with, the better.
Ask About Fees
Make sure to ask each potential attorney about their fees before signing any contract with them. Most personal injury lawyers offer free initial consultations so that you can get a feel for their services and make sure they are right for you.
By taking the time to do the research and select an experienced personal injury attorney, you can ensure that your car accident injury claim in Florida is handled quickly and correctly.
Get Guidance Before You File An Injury Claim In Florida
Understanding the applicable statute of limitations in Florida for car accident injury claims is important if those affected wish to pursue legal action and obtain fair compensation. Those who are unsure how to proceed should contact an experienced personal injury lawyer as soon as possible in order to ensure their rights are protected and deadlines are met.
At Herman & Wells, our experienced team of Florida car accident attorneys can help you understand the process and fight for a fair settlement on your behalf. Call (727) 821-3195 for a free consultation today to find out more about what the new Florida law means for your claim and how we can help!