What are Florida’s Liability Laws & Statute of Limitations for a Car Accident Injury Lawsuit?

In 2018, there were over 400,000 car accidents in Florida, resulting in over 250,000 injuries.  In 2017, Florida ranked third in the country when it came to the most car accident fatalities. Unfortunately, car accidents are a common sight in the sunshine state. And with more people moving to Florida, car accidents may become increasingly prevalent.

If you’ve been in a car accident, you may not know your rights. If you intend to sue an insurance company, the government, a manufacturer, or another driver, you also need to keep in mind the statute of limitations in Florida.

Keep reading to learn about your rights, the statute of limitations on car accidents, and what you should do next.

Florida Liability Laws

Many states require the insurance of the person found to be at fault during for the car accident to cover the bulk of subsequent costs. These costs usually include medical costs, car repairs, etc.

Florida, however, is a no-fault state with different liability laws. This means that individuals first seek claims through their insurance and typically do not go after other individuals in the crash. This changes if there has been a serious car accident resulting in severe personal injuries.

In cases where a serious injury did occur, courts will use pure comparative fault to gauge who was most at fault during an accident. In this model, someone responsible for 75% of the car accident is required to pay 75% of the expenses.

When is a Lawsuit Recommended?

As mentioned previously, you may need to file a lawsuit if the car accident resulted in severe harm. But there are several other reasons why you may need to pursue a lawsuit:

  • If the accident is caused by a manufacturer defect in the vehicle or its components
  • If the accident is caused by government or construction-related negligence
  • You were not at fault during a serious accident
  • If you can sue for medical costs, lost wages, and other future expenses such as rehabilitation
  • If a loved one died as a result of an accident
  • If your insurance company is failing to cover your expenses

These are some of the most common reasons why someone would pursue a lawsuit after a car accident. If your situation warrants a lawsuit, be sure to find a professional to discuss your case.

Statute of Limitations in Florida

If you decide to file a lawsuit, you will need to keep the statute of limitations in mind.

Are you unfamiliar with the term? A statute of limitations is a state law that offers a certain amount of time for you to pursue legal actions and file a lawsuit. These deadlines depend on the type of case and the state in which it occurs.

In Florida, the amount of time you can file a lawsuit depends on the situation:

  • Injuries filed against the government have 3 years to file a claim
  • Wrongful death lawsuits must get filed within 2 years of the passing of a loved one
  • Serious injuries and bodily harm lawsuits must get filed within 4 years of the date of the accident

In most cases, when personal injury compensation is being requested, the 4-year limit will apply.

Final Thoughts

Recovering from a car accident is difficult. Unfortunately, some car accidents are so severe that recovering from them fully isn’t impossible.

If you have been injured in a car accident in Florida and are looking to file a legal claim, you need to bear in mind the statute of limitations in Florida. Failure to file a lawsuit on time will result in the dismissal of your case. Call Stein Law car accident injury attorneys at 877.STEINLAW (877-783-4652) to schedule a free personalized consultation today.

For more articles and resources to help you navigate legal waters after your car accident, visit our blog today.

Brandon Stein

Chief Executive Officer

Brandon Stein, the owner and founder of SteinLaw, is a Florida-based trial attorney who focuses on personal injury cases such as wrongful death, car accident, slip and fall, and a variety of other civil litigation areas. Being a former associate at a prominent Florida Defense Law Firm, Brandon Stein understands the strategy and tactics...[READ BIO]