After an accident, your first priority may be your injuries, medical treatment, vehicle repairs, and getting your life back on track. You also need to understand the Florida personal injury claim deadline that may apply to your case. Missing an applicable legal deadline could affect your ability to recover compensation.
Florida law establishes deadlines for different types of injury claims. The deadline can depend on how the accident happened, who may be responsible, and whether you are pursuing insurance benefits, a personal injury lawsuit, or a claim against a government entity.
For many negligence-based personal injury claims, Florida law provides a two-year statute of limitations. That deadline can arrive sooner than you expect. Missing it may prevent you from filing a lawsuit.
If you suffered injuries in a car accident, truck accident, motorcycle accident, slip and fall, or another type of accident in Florida, understanding the applicable Florida personal injury claim deadline can help protect your legal rights.
Florida Personal Injury Claim Deadline: Generally Two Years
Under Florida Statutes § 95.11, a negligence action generally must begin within two years.
This rule matters because many Florida accident injury claims involve negligence. For example, you may have a negligence claim if another driver’s careless conduct caused your injuries. A dangerous property condition or another party’s failure to use reasonable care may also support a claim.
The two-year period applies to filing a lawsuit. It does not necessarily match the deadline for notifying an insurance company or submitting documents under an insurance policy.
Florida law also includes exceptions and special rules. The date of the injury, when the claim accrued, the responsible party, and the type of claim can all affect the applicable deadline.
For that reason, you should not assume that you can wait two years before taking action. Some insurance and legal requirements may apply much sooner.
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Car Accident Claims Have Additional Deadlines to Consider
Florida car accidents can involve several different deadlines.
Florida law requires drivers involved in qualifying crashes to notify law enforcement immediately through the quickest available means. This generally applies when a crash causes an injury or death or apparent property damage of at least $500.
Florida also uses a no-fault insurance system that provides Personal Injury Protection, commonly called PIP.
The 14-Day PIP Rule
Florida law generally requires an injured person to receive initial services and care within 14 days after a motor vehicle accident to qualify for PIP medical benefits.
Florida PIP coverage generally provides up to $10,000 in combined medical and disability benefits. However, the statute and applicable insurance policy establish requirements and limitations that may affect coverage.
The 14-day PIP requirement is not the same as the two-year statute of limitations for a negligence lawsuit.
In other words, you could face an insurance problem if you wait too long to seek medical treatment. The two-year lawsuit deadline may still remain open.
If you suffered injuries in a Florida car accident, you should understand both the PIP requirements and any potential claim against another responsible party.
What Is the Difference Between an Insurance Claim and a Lawsuit?
People sometimes use the terms “claim” and “lawsuit” interchangeably. They actually describe different processes.
An insurance claim asks an insurance company to provide benefits or compensation. Your insurance policy may have its own requirements for reporting an accident and submitting documentation.
A lawsuit is a formal legal action that you file in court against a responsible party.
You may have significant time remaining under the statute of limitations while facing an earlier insurance deadline. Likewise, contacting an insurance company does not necessarily extend the statute of limitations.
Because these deadlines operate independently, you should not assume that negotiating with an insurer protects your right to file a lawsuit. Understanding the Florida personal injury claim deadline and any separate insurance requirements can help you avoid overlooking an important deadline.
Claims Against the Government Have Special Rules
Accidents involving government agencies or employees can involve additional requirements.
Florida Statutes § 768.28 establishes a limited waiver of sovereign immunity for certain tort claims against the state and its agencies and subdivisions. Before filing a lawsuit, a claimant generally must present the claim in writing to the appropriate agency and, when required, the Department of Financial Services.
For most such claims, the claimant must present the written claim within three years after the claim accrues. A different two-year period applies to the required Department of Financial Services presentation for wrongful-death claims. The statute also contains additional procedural requirements and exceptions.
An injury involving a government vehicle, government property, or a government employee therefore requires different analysis than an ordinary claim against a private party.
Because these cases involve additional requirements, speaking with a Florida personal injury attorney as soon as possible can help you understand which deadlines apply.
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Wrongful Death Claims Generally Have a Two-Year Deadline
When an accident causes someone’s death, Florida law provides a separate statute of limitations for wrongful death actions.
Under Florida Statutes § 95.11, a wrongful death action generally must begin within two years. Wrongful death cases follow different rules from an injured person’s individual claim. Additional requirements may also apply to the estate and surviving family members.
Because a wrongful death case can involve legal and estate-related issues, families should seek legal guidance promptly. Waiting until the deadline approaches can make it more difficult to protect the claim.
Florida’s Comparative Fault Law Can Also Affect an Accident Claim
The Florida personal injury claim deadline represents only one part of a personal injury case. The amount of compensation you may recover can also depend on Florida’s comparative-fault law.
Under Florida Statutes § 768.81, a claimant’s damages in a negligence action may decrease based on the claimant’s percentage of fault.
Florida law also provides that, in covered negligence actions, a person who is more than 50% at fault for their own harm may not recover damages. This rule does not apply to personal injury or wrongful-death actions arising from medical negligence under Chapter 766.
For example, imagine that another driver caused most of a collision but you also contributed to the accident. Your percentage of fault could become an important issue when determining damages.
That makes evidence especially important. Accident reports, photographs, witness information, medical records, vehicle damage, surveillance footage, and other documentation can help establish what happened and who caused the accident.
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What Happens If You Miss the Florida Personal Injury Claim Deadline?
Missing a legal deadline can have serious consequences.
If the statute of limitations expires before you file a lawsuit, the defendant may raise the statute of limitations as a defense. That defense could prevent you from pursuing the claim in court.
You can also face separate problems if you fail to follow an insurance policy’s requirements or a statutory requirement such as Florida’s PIP treatment deadline.
Exceptions and special rules can affect how courts calculate deadlines. Determining the applicable deadline may involve more than simply counting two years from the accident date.
That is why you should not rely on a general Florida personal injury claim deadline without considering the specific facts of your case.
Other Florida Injury Claims Can Have Different Deadlines
Not every injury-related case follows the general two-year negligence deadline.
For example:
- Medical malpractice: Florida law provides specific limitations rules for medical malpractice claims, including a general two-year period and an outside four-year limit, subject to statutory exceptions.
- Wrongful death: A wrongful death action generally must begin within two years.
- Claims against government entities: These cases involve special notice and procedural requirements, including the statutory presentation periods under § 768.28.
- Workers’ compensation: Workers’ compensation claims follow their own notice and filing requirements. You should not treat them like ordinary personal injury claims.
Other exceptions and specialized statutes may apply depending on the facts of a particular case.
Do Not Wait Until the Deadline Is Approaching
Even when you have a lengthy filing period, waiting can make your case more difficult.
Evidence can disappear. Surveillance footage may get overwritten. Witnesses can become difficult to locate. Vehicles may get repaired or destroyed. Medical records can take time to obtain. Memories of the accident can also fade.
Starting the process sooner gives an attorney more time to investigate the accident, identify potentially responsible parties, preserve evidence, review insurance coverage, and evaluate your damages.
At Bogin, Munns & Munns, our Florida personal injury attorneys help accident victims understand their legal options and the deadlines that may apply to their claims. Our firm represents clients throughout Florida in personal injury matters involving automobile accidents, truck accidents, motorcycle accidents, premises liability, wrongful death, and other injury claims.
If you suffered an injury because of someone else’s negligence, your time to act may be shorter than you think.
Frequently Asked Questions
How Long Do I Have to Meet the Florida Personal Injury Claim Deadline?
For a typical negligence-based personal injury claim, Florida law generally provides two years to begin the lawsuit. However, exceptions and different rules can apply based on the type of claim and the parties involved.
Does the Two-Year Deadline Apply to Every Accident?
No. Florida has different statutes and procedural requirements for different types of claims. Government claims, wrongful death, medical malpractice, workers’ compensation, and other specialized cases can involve different deadlines.
How Long Do I Have to Seek Medical Treatment After a Florida Car Accident?
For purposes of Florida PIP medical benefits, an injured person generally must receive initial services and care within 14 days after the motor vehicle accident.
Does Reporting an Accident to My Insurance Company Start a Lawsuit?
No. Reporting an accident or submitting an insurance claim is different from filing a lawsuit in court. Your insurance policy may impose reporting requirements, while Florida’s statute of limitations controls when you must begin a lawsuit.
What If I Was Partly Responsible for My Accident?
Florida’s comparative-fault law can reduce an injured person’s damages based on their percentage of fault. Under the current statute, a person found to be more than 50% at fault for their own harm generally cannot recover damages in a covered negligence action.
What Should I Do If I Am Not Sure Whether My Florida Personal Injury Claim Deadline Has Expired?
Do not assume that you have lost your rights or that you still have plenty of time. The applicable deadline can depend on the specific facts and legal theory involved.
A Florida personal injury attorney can review the circumstances of the accident and help determine which deadlines may apply.
Contact Bogin, Munns & Munns
If you or a family member suffered an injury in an accident in Florida, understanding your legal deadlines is an important first step.
The attorneys at Bogin, Munns & Munns can review your circumstances, explain your legal options, and help determine which deadlines may apply to your claim.
Contact Bogin, Munns & Munns to discuss your Florida personal injury case.
This article is intended for general informational purposes and does not constitute legal advice. Florida law can change, and the deadlines that apply to an individual claim depend on the specific facts and circumstances of that case.
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