How Long Do You Have to File After a Car Crash in Florida?
If you were injured in a Florida car accident, you generally have two years from the date of the crash to file a personal injury lawsuit. This deadline applies to most negligence-based claims under Florida’s updated statute of limitations. Waiting too long can permanently block your right to recover damages—even if the other driver was clearly at fault.
Florida law used to give accident victims four years to sue, but that changed in 2023. The current two-year window now applies to most crashes that happened on or after March 24, 2023.
Florida’s New Two-Year Deadline for Car Accident Injuries
In March 2023, Florida passed House Bill 837, which overhauled key parts of the state’s civil tort laws. One major change: the statute of limitations for negligence claims was cut in half, from four years to two.
If your crash happened on or after March 24, 2023, you now have two years to file a lawsuit for personal injuries related to that accident. That clock starts ticking on the date of the crash—not when symptoms show up or when an insurance claim is filed.
Florida Statute § 95.11(4)(a) now governs most negligence-based injury claims, including those involving car, truck, motorcycle, and pedestrian accidents.
Why the Law Changed
The legislative intent behind HB 837 was to reduce excessive litigation and create more uniformity across injury timelines. In practice, however, it forces crash victims to act more quickly—even if they’re still undergoing treatment, waiting on medical records, or recovering from surgery.
Who Still Has Four Years to File?
If your crash happened before March 24, 2023, the previous four-year deadline still applies. That’s true even if your case hasn’t been filed yet. The new two-year statute only governs accidents that occurred on or after that effective date.
For example:
- If the accident happened on February 10, 2023, the injured person has until February 10, 2027 to file under the old rule.
- If it happened on April 1, 2023, the new two-year limit applies, and the deadline would fall on April 1, 2025.
To figure out which timeline applies, confirm the exact accident date and talk with an attorney who understands how the law changed. The difference between those deadlines could decide whether your case moves forward—or gets dismissed.
Exceptions That May Extend the Deadline
Most people have exactly two years. But Florida law does carve out some limited exceptions that can extend the filing window.
Exceptions to the rule are rare, and the burden is on the plaintiff to prove the exception applies. But they exist, and they can make or break certain cases.
Delayed Discovery of Injury
Sometimes injuries take time to show up. Maybe it’s nerve damage that wasn’t obvious right away, or a concussion that worsened days later. In some cases, the statute of limitations may begin when the injury is discovered—or when a reasonable person should have discovered it.
However, courts are skeptical of this argument in most car accident cases, because symptoms like pain, bruising, or mobility loss usually appear quickly. A delayed discovery exception may only apply in rare medical or diagnostic contexts.
The Plaintiff Is a Minor or Incapacitated
If the person injured in the crash is under 18, the statute of limitations may be tolled until they reach adulthood. Similarly, if a victim is legally incapacitated due to cognitive disability, mental illness, or coma, the statute may pause while they’re unable to act on their own behalf.
Even in those cases, Florida law may impose a hard cap on how long the case can be delayed. The court can deny tolling if it finds that a legal guardian could have acted earlier.
The At-Fault Party Concealed Their Identity
If the defendant deliberately evades service, leaves the state, or gives false information to avoid being sued, the law may pause the filing deadline during that time. This tolling provision is rarely granted unless there’s clear proof of evasion, such as surveillance, false documents, or evidence of intent to flee.
Proving an exception isn’t easy. The rules are narrow, and courts expect detailed, case-specific evidence. If you believe one might apply, raise it early.
Wrongful Death Claims: A Separate Clock
When a car accident results in death, the statute of limitations is different. In Florida, wrongful death lawsuits have to be filed within two years from the date of death, not the date of the accident.
This two-year rule was already in place before the 2023 change, and it continues to apply now. The statute governing these claims is Florida Statutes § 95.11(5)(e).
Key facts:
- The two-year window starts on the date of death, even if the injury occurred earlier.
- The claim has to be brought by the personal representative of the deceased person’s estate.
- Eligible damages include funeral expenses, lost financial support, and emotional suffering.
Wrongful death cases are especially time-sensitive because delays in probate or disputes over who can file may consume valuable time.
Property Damage Lawsuits Still Have Four Years
If you weren’t injured but want to sue for damage to your car or other property, the statute of limitations remains four years. This part of the law was not affected by HB 837.
This applies to claims such as:
- Vehicle repair costs not fully paid by insurance
- Replacement of totaled vehicles
- Property damage to homes or fences caused by a crash
Keep in mind that many property damage claims are handled through insurance—but if the at-fault driver has no coverage or low limits, you may need to file a civil lawsuit to recover the rest.
Suing a Government Entity Requires a Different Process
Accidents that involve government vehicles—such as police cars, city buses, or county maintenance trucks, are treated differently under Florida law.
Florida’s sovereign immunity statute, found in Florida Statutes § 768.28, sets special rules for filing injury claims against government agencies. If you plan to sue a city, county, or state agency, you first need to file a formal notice of claim, which:
- Must be filed within three years of the accident (or two years for wrongful death claims)
- Must be sent to the agency and the Department of Financial Services
- Starts a 180-day investigation period before any lawsuit can be filed (unless the claim is denied sooner)
In addition to the procedural requirements, there are limits on the amount of compensation you can recover in these cases. Failing to follow the statutory process can lead to immediate dismissal—even if the agency was clearly at fault.
Filing an Insurance Claim Doesn’t Pause the Lawsuit Deadline
This is one of the most common misunderstandings. Filing a claim with the other driver’s insurance company does not pause the statute of limitations. Neither does waiting for a settlement offer, going back and forth with adjusters, or requesting documentation.
The only way to preserve your right to sue is to file a complaint in civil court.
Delaying while negotiating can quietly let your rights expire. If the insurer drags things out and you miss the filing deadline, you may lose the case before it ever begins.
Track your legal deadline separately. The lawsuit timeline and the insurance process are not connected.
What Happens If You File Too Late?
Florida courts strictly enforce statute of limitations deadlines. File even a day late, and your lawsuit may be dismissed outright. That means:
- No jury
- No settlement
- No recovery
If the defense files a motion to dismiss on statute grounds, the court won’t look at fault or damages, it will simply throw the case out. The only way around that is to prove a valid exception applies, which is rarely easy and frequently denied.
Late filing also harms your negotiating power. Insurance companies will stop talking once they know you’ve lost your right to sue.
How to Know if You Filed in Time
To meet the statute of limitations, a lawsuit has to be officially filed with the court before the deadline passes. In Florida, that means the complaint has to be received and timestamped by the clerk’s office, not just signed, prepared, or dropped in the mail.
The court will go by the filing timestamp, not the date you started the paperwork. If anything delays that filing, even technical issues, you could miss your window.
This is one reason timing matters so much. If you’re cutting it close, filing on your own can come with real risk. Before time runs out, speak with one of our Florida personal injury attorneys. We’ll help you understand where you stand and make sure everything is handled the right way.
Don’t Wait Until the Deadline Is Too Close
Two years might sound like plenty of time, but it moves faster than expected—especially when you’re dealing with injuries, treatment, and back-and-forth with insurance. It’s easy to lose track of the calendar until options start narrowing.
If there’s any chance you might need to file a lawsuit, don’t let the timeline slip. Once the deadline passes, there’s usually no second chance to recover what you’ve lost.
If you’re not sure how much time you have or whether your case might require legal action, talk to one of the Florida car accident attorneys at Lesser, Landy, Smith & Siegel. We’ll help you confirm your deadline and take the right next step before time runs out.
