How Long Do I Have To File An Auto Accident Claim?

Florida law sets out specific deadlines that must be met to recover compensation for car accident injuries. These are known as statutes of limitation. If you wait too long, you will lose your right to file a claim.

At the Law Offices of Paul K. Schrier, PLLC, we offer a free initial consultation to answer your questions about deadlines for filing a personal injury claim. We have offices in Miami, Sunrise, Orlando, Jacksonville and Tampa.

Justice for auto accident victims starts now. Call 305-893-5500 to talk to a lawyer.

What Are The Deadlines For Filing A Personal Injury Claim?

If you are injured in a car accident, you have four years from the date of the accident to file a personal injury lawsuit against the other driver and his insurance company. This assumes the other driver was solely or partially responsible for the accident. If a family member dies, you have two years to file a wrongful death lawsuit. The counting of the two years begins on the date of death.

Two or four years may seem like a long time. However, you would be surprised by the number of accident victims who fail to beat this window. When you consider that the injured person is probably preoccupied with their medical treatment or that the deceased's family will grieve about the accident for a while, the two- or four-year period can move fairly quickly.

In addition, you will have a much shorter deadline if you are suing a governmental entity. When you were injured in a collision involving a city bus, the time to file a personal injury lawsuit is reduced from the typical four years to a mere six months.

Moving quickly has many benefits. The longer you wait after a crash, the harder it becomes to reconstruct the events of that day. Some witnesses may have moved to another state and even those who are available no longer have a reliable recollection of what happened.

Waiting until the statute of limitation is almost exhausted, only serves to increase the pressure on the claimant and makes building a solid case significantly harder. Remember that the insurance company will be looking for contradictions and inconsistency in any aspect of your evidence as this will provide a solid ground to challenge the claim.

That being said, it's better to file a claim late than not file one at all.

For More Information About Deadlines For Filing Accident Claims

Call 305-893-5500 or complete our contact form to discuss your accident case with an attorney at our firm before you run out of time.