The aftermath of a car accident can be overwhelming. Between managing your recovery and handling vehicle repairs, you may be reluctant to start your claim. But do not wait. You have two years to file your claim before you’re barred from seeking compensation, and it may be even sooner than that.
Below, our Orlando car accident lawyers will explain how long you have to file a car accident claim in Orlando, the exceptions that might apply to your situation, and the steps you should take to protect your right to compensation.
Understanding Florida’s Statute Of Limitations For Car Accidents
The statute of limitations refers to the legal timeframe within which you must file a lawsuit. In Florida, this deadline is critically important for car accident victims seeking compensation for their injuries and damages.
Florida law allows you two years from the date of the accident to file a car accident claim in Orlando, or any personal injury claim. This timeline applies to most car accident cases where you’re seeking compensation for injuries, medical expenses, lost wages, and pain and suffering.
The two-year countdown begins on the date the accident occurred, not when you discovered your injuries or began treatment. Therefore, prompt action is essential to protecting your legal rights.
If you fail to file within this timeframe, the court will likely dismiss your case, regardless of its merits. This can leave you responsible for all accident-related expenses, even if another party was clearly at fault.
Exceptions To The Statute Of Limitations
While the standard two-year statute of limitations applies to most car accident claims in Florida, certain circumstances may extend or alter this deadline. Understanding these exceptions could be crucial to preserving your right to seek compensation.
Discovery Rule Application
In some situations, injuries from a car accident might not be immediately apparent. The discovery rule may apply when an injury isn’t reasonably discoverable right away.
Under this exception, the statute of limitations may begin on the date you discovered or reasonably should have discovered your injury, rather than the date of the accident itself. This most commonly applies to injuries with delayed symptoms or those that worsen over time.
To benefit from this exception, you must be able to prove:
- When you first discovered the injury
- Why the injury couldn’t have been discovered earlier
- The direct connection between the injury and the accident
- That you acted with reasonable diligence once the injury was discovered
The discovery rule can be complex to apply, and courts scrutinize these claims carefully. Documentation from medical professionals can be essential in establishing when an injury was discovered and why it wasn’t apparent earlier.
Minors Involved In Accidents
When a minor is injured in a car accident, Florida law provides special considerations regarding how long they have to file a car accident claim in Orlando.
For minors (individuals under 18 years of age), the statute of limitations may be “tolled” or paused until they reach the age of majority. This means that a minor injured in a car accident generally has until their 20th birthday to file a claim—two years after turning 18.
However, parents or legal guardians don’t need to wait. They can file a claim on behalf of the minor at any time before the child turns 18. In many cases, this is preferable to ensure that evidence is preserved and the claim is addressed while details are still fresh.
Special considerations for claims involving minors include:
- Different deadlines for claims filed by parents versus those filed by the minor
- Additional protections for the minor’s financial interests
- Court approval requirements for settlements
- Structured settlements that protect the minor’s long-term interests
These cases require particular attention to detail to ensure the minor’s rights are fully protected throughout the legal process.
Government Claims Process
If your accident involves a government entity—such as a collision with a city bus, a county maintenance vehicle, or improperly maintained public roads—different rules and timelines apply.
Claims against government entities in Florida require you to file a notice of claim within just three years of the accident. After filing this notice, you must allow the government entity 180 days to investigate before you can file a lawsuit.
The process for government claims includes several specific requirements:
- Notifying the correct government agency
- Including all required information in your notice
- Waiting for the investigation period to conclude
- Following up with a formal lawsuit if your claim is denied
Failure to follow these precise procedures can result in the dismissal of your claim, regardless of its merits. Working with an attorney experienced in government claims can help you navigate these additional requirements successfully.
Importance Of Timely Filing Your Claim
Filing your car accident claim promptly offers several advantages beyond simply meeting the statute of limitations. Early action can significantly strengthen your case and improve your chances of receiving fair compensation.
When you file your claim soon after the accident, evidence is more readily available and in better condition. Witness memories are fresher, physical evidence at the scene may still be present, and documentation is easier to obtain.
Early filing also allows more time for:
- Thorough investigation of your claim
- Collection and analysis of all relevant evidence
- Consultation with expert witnesses if needed
- Proper calculation of all damages, including future expenses
- Negotiation with insurance companies
Additionally, prompt filing demonstrates that you’re taking your claim seriously, which can positively influence how insurance companies and courts view your case.
To ensure timely filing, consider these strategies:
- Begin gathering documentation immediately after the accident
- Seek legal consultation as soon as you’re medically stable
- Maintain organized records of all accident-related information
- Respond promptly to all requests from your attorney
- Stay actively engaged in your case throughout the process
Remember that while the statute of limitations gives you two years, waiting until the last minute can put unnecessary pressure on your case and limit your options.
Consequences Of Missing The Filing Deadline
The implications of missing the statute of limitations deadline can be severe and permanent. Understanding these consequences highlights why timely action is so crucial after a car accident.
If you fail to file your claim within the two-year window, the court will almost certainly dismiss your case if the defendant raises the statute of limitations as a defense. This dismissal is typically final, meaning you lose your right to seek compensation permanently.
The consequences of missing the deadline include:
- Losing your right to pursue compensation for medical expenses
- Being unable to recover lost wages and future income losses
- Receiving no compensation for pain and suffering
- Bearing all costs for property damage and vehicle repairs yourself
- Having no legal recourse against the at-fault party
This outcome can be financially devastating, especially if you’re facing significant medical bills, ongoing treatment needs, or the inability to work due to your injuries.
No matter how strong your case might otherwise be—even with clear liability, serious injuries, and substantial damages—missing the filing deadline generally means losing your right to compensation completely.
Contact Us to Know How Much Time You Have Left to File a Car Accident Claim in Orlando
Missing the filing deadline can have severe consequences, including the permanent loss of your right to seek compensation. Now that you know how long you have to file a car accident claim in Orlando, it’s time to take action.
Contact Anidjar & Levine today for a free consultation to discuss your case and ensure your rights are protected. Our experienced team is ready to guide you through every step of the process while you focus on your recovery.
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