Car accident victims in Florida have two years from the date an incident happens to file a personal injury lawsuit against an alleged negligent party if the incident warrants filing a claim outside of the no-fault insurance system established in the state. Note that this statute of limitations changed from four years to two years in 2023 as part of a major tort reform overhaul in the state.
When Can Individuals File a Lawsuit After a Car Accident in Florida?
Individuals can file a lawsuit after a car accident in Florida if their injuries meet certain thresholds that allow them to step outside the state’s no-fault insurance system. Florida operates under a no-fault insurance framework, which means that each driver’s own insurance covers their collision losses, regardless of who was at fault for the accident.
However, if the injuries are severe and exceed the Personal Injury Protection (PIP) coverage, victims can pursue a lawsuit against the at-fault driver. These thresholds typically include:
- Significant and permanent loss of an important bodily function
- Permanent injury within a reasonable degree of medical probability
- Significant and permanent scarring or disfigurement
- Death
What the Two-Year Statute of Limitations Means for Car Accident Victims
The two-year statute of limitations for filing civil personal injury cases after a Florida car accident means that victims must act promptly to protect their legal rights. This shortened time frame requires accident victims to be more vigilant in seeking legal advice and initiating claims. Failure to file a lawsuit within this two-year period generally results in the court dismissing the case, regardless of its merits.
This change underscores the importance of early engagement with legal counsel to ensure that all necessary documentation and evidence are collected and filed in a timely manner. Additionally, this period includes not only the preparation and filing of the lawsuit but also any preliminary investigations that may be necessary to establish the facts of the case.
What Compensation Does No-Fault Insurance Usually Provide in FL
No-fault insurance, also known as Personal Injury Protection (PIP) insurance, is a mandatory coverage in Florida that provides immediate benefits to car accident victims regardless of who is at fault. This insurance typically covers:
- Medical expenses. PIP covers reasonable and necessary medical expenses resulting from the accident, including hospital bills, surgical procedures, rehabilitation costs, and prescription medications, up to the policy limits.
- Lost wages. If the accident prevents the victim from working, PIP can compensate for lost wages. This benefit usually covers a percentage of the victim’s average weekly wages, subject to policy limits.
- Death benefits. In the event that the accident causes in a fatality, PIP provides a death benefit to the victim’s beneficiaries, helping to cover funeral and burial expenses.
- Replacement services. PIP may cover the cost of services that the injured person can no longer perform due to their injuries, such as childcare, housekeeping, and other necessary tasks.
Should a Car Accident Victim Contact an Attorney Soon?
Yes, car accident victims should contact a car accident attorney as soon as possible after an accident. Early legal consultation is crucial because it allows the attorney to begin gathering evidence, interviewing eyewitnesses and others involved, and building a strong case from the outset. An attorney can also guide victims through the complexities of the insurance claims process and ensure that all deadlines are met.
Given the new two-year statute of limitations, swift action is necessary to preserve the right to seek compensation for injuries and damages. Additionally, early involvement from a personal injury lawyer can help protect victims from making statements to insurance companies that could potentially harm their case.
