You generally have two years from the date of a car accident to claim injury in Florida if you’re filing a personal injury lawsuit. However, under Florida’s No-Fault system, you only have 14 days to seek treatment for your injuries. Missing these deadlines may harm your claim.
Florida’s car accident claims have specific rules about No-Fault insurance and serious injury requirements. These rules can affect how long your case takes and what you can recover.
Our West Palm Beach car accident lawyers have recovered more than $1 billion in settlements and awards for our injured clients. We hold accountable those who hurt others™. Call today for your free consultation and learn how we can help with your auto accident claim.
What Is the Statute of Limitations for Car Accident Injuries in Florida?
Florida law gives you two years from the date of the accident to file a personal injury lawsuit. This timeline applies to most car accident injury claims in the state. Missing the filing deadline almost always ends your case.
This time limit is set by Florida Statute 95.11. The statute was updated in 2023. If your accident happened before March 24, 2023, a longer four-year deadline might apply to your case.
Courts routinely dismiss claims filed after the statute of limitations expires, and the at-fault driver’s insurance company will use that to deny your claim entirely. Our legal team can keep your claim on track and make sure you meet deadlines.
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Does the State’s No-Fault Insurance Rule Affect How Long After a Car Accident You Can Claim Injury in FL?
Florida is a No-Fault state, which means your own Personal Injury Protection (PIP) coverage pays your medical bills first, even if you didn’t cause the accident. You must seek medical treatment within 14 days of the accident, or you risk losing your right to PIP benefits.
PIP covers up to $10,000 in medical expenses and lost wages, but often this isn’t enough in severe car accidents. To step outside the No-Fault system and sue the at-fault driver, your injuries must meet Florida’s serious injury threshold.
That means a significant and permanent loss of an important bodily function, permanent injury, significant scarring, or death. Your No-Fault deadline is separate from the two-year statute of limitations for filing a lawsuit.
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What Counts as a Serious Injury Under Florida Law?
Florida defines the serious injury threshold that allows you to file a claim against the at-fault driver beyond your PIP coverage. Injuries that typically meet the threshold include:
- Permanent injury within a reasonable degree of medical probability.
- Significant and permanent scarring or disfigurement.
- Significant and permanent loss of an important bodily function.
- Death resulting from the accident.
Soft tissue injuries, minor sprains, and temporary pain generally do not meet the serious injury threshold. A doctor’s documentation of your diagnosis and prognosis plays a major role in establishing whether your injury qualifies.
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Are There Exceptions That Extend The Deadline?
Florida law recognizes a limited number of exceptions that can pause or extend the statute of limitations. These are called tolling provisions, and they apply in specific circumstances, such as:
- If the injured person is a minor without a parent or guardian to sue on their behalf, the two-year clock typically does not start until they turn 18.
- If the at-fault driver left Florida after the accident and before a lawsuit could be filed, that time away from the state may not count toward the deadline.
- Fraud or concealment by the at-fault party can also toll the statute of limitations in some cases.
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What If My Injuries Showed Up Days After the Accident?
Some car accident injuries are not immediately obvious. Whiplash, traumatic brain injuries, and internal injuries can take hours or days to produce noticeable symptoms. Florida law still starts the clock on the date of the accident, not the date you noticed symptoms.
This is one reason why knowing how long after a car accident you can claim injury under PIP matters so much. It is important to see a doctor as soon as possible, even if you feel fine, because you only have 14 days to act. Waiting can cost you your No-Fault benefits and weaken your injury claim.
Delayed symptoms do not automatically disqualify your claim, but they make documentation more difficult. A medical record that connects your diagnosis to the accident is one of the most important pieces of evidence in a delayed-injury case.
Get Help With Your Car Accident Claim
How long you have after a car accident to claim injury is two years for a civil lawsuit and 14 days for your No-Fault benefits. Our legal team can help you understand Florida’s No-Fault insurance and what it means for your case.
Our team at GOLDLAW has more than 200 years of combined legal experience. We can document your injuries, meet filing deadlines, and build a claim that holds up against insurance company pushback. Call today for your free consultation. Get GOLDLAW and get the help you need and compensation you deserve.
