How Long Do You Have to File a Car Accident Lawsuit in Florida?

Every day, Florida roads are the site of life-altering accidents. Whether it’s a distracted driver on I-75 near Sarasota or a high-speed collision in downtown Tampa, the aftermath of a crash can feel overwhelming. One of the most urgent—and often overlooked—questions injury victims face is: how long do I have to file a lawsuit after a car accident in Florida?

Understanding Florida’s car accident statute of limitations and acting within the proper time frame is critical to protecting your legal rights. Waiting too long could mean permanently losing your chance to recover compensation.

What Is the Statute of Limitations for Car Accidents in Florida?

As of March 24, 2023, Florida law allows just two years from the date of the car crash to file a personal injury lawsuit. This shortened timeframe applies to all negligence actions, including auto accidents. Previously, the statute of limitations was four years—but the law changed under House Bill 837 (HB 837), which Governor Ron DeSantis signed into law in 2023.

That means if your accident happened after March 24, 2023, you only have two years to file a claim in court. If you miss this deadline, your case will likely be dismissed, regardless of how strong your evidence is.

Why This Deadline Matters

This legal time limit, known as the statute of limitations, isn’t just a procedural rule—it can make or break your case. Even if you are clearly the victim of another driver’s negligence, Florida courts will bar your claim entirely if it is filed late.

In practical terms, this means:

You should not wait for months—or even weeks—before speaking to an attorney.
Important evidence such as traffic camera footage, eyewitness testimony, and vehicle damage reports may be lost if you delay.
Insurance negotiations do not stop the clock. You can be in ongoing talks with an adjuster and still miss the deadline to sue.

Exceptions That Could Affect Your Deadline

While two years is the standard time limit, there are a few important exceptions:

Wrongful Death: If the car accident resulted in a death, the family has two years from the date of death—not the date of the accident—to file a wrongful death lawsuit.
Government Entity Involvement: If the at-fault driver was working for a city, county, or state agency, special rules apply. Before suing, you must first file a formal notice of claim, and strict deadlines govern that process.
Minor Victims: In some cases involving children, the time to file may be extended. However, these rules are complex and fact-specific.

An experienced Florida personal injury attorney can help determine which deadlines apply to your situation.

What to Do If You’ve Been in a Car Accident in Sarasota or Surrounding Areas

If you’ve been hurt in a car accident anywhere in Sarasota, Sarasota County, or nearby areas like Bradenton or Venice, here are the steps you should take immediately:

Seek Medical Attention – Even if injuries seem minor, a medical evaluation is crucial for your health and your case.
Report the Crash – Florida law requires reporting most accidents to law enforcement. Make sure a report is filed.
Document Everything – Keep copies of medical records, bills, crash photos, and insurance communications.
Don’t Give a Recorded Statement – Insurance adjusters may ask you to speak on the record. Politely decline until you have legal representation.
Contact an Attorney – The sooner you get legal help, the better your chances of building a strong claim and meeting critical deadlines.

To learn more about your rights after a crash, visit our Sarasota car accident attorney page for additional resources and guidance.

Why the Statute of Limitations Is Especially Important in Florida

Florida follows a modified comparative negligence system as of 2023. This means if you are found to be more than 50% at fault for the crash, you cannot recover damages. Filing early gives your attorney more time to investigate the crash, push back against inaccurate fault assessments, and advocate for your share of justice.

Don’t Wait—Your Window to File Could Be Closing

Navigating the aftermath of a car crash is difficult enough. Don’t risk losing your chance at fair compensation because of a missed deadline. At Dannheisser Injury Law, we know the law, and we know Sarasota. Let us help you move forward with confidence.

If you were injured in a car accident in Florida, especially in the Sarasota area, take the next step today:

Call us now at 941-365-7600
Start a conversation through our contact form
Chat with us live on our website

We are here to help, whether you’re a prospective client or an attorney looking for a trusted referral partner in Southwest Florida.

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