In the state of Florida, you typically have two years from the date of your accident to file a car accident lawsuit. The statute of limitations can be complex when dealing with car accident lawsuits.
Below, we’ll go through some exceptions to the two-year time limit, as well as some aspects to understand before you begin your Tampa car accident lawsuit. A Tampa car accident lawyer can help ensure that you file on time and that your paperwork is correct and complete.
The Florida Statute of Limitations for a Car Accident Lawsuit
Under the Florida statute of limitations, you have two years to file a personal injury lawsuit after the date of your accident. Understanding this time frame is essential to a successful car accident lawsuit. If you miss the deadline, you may not be able to file your lawsuit.
What Happens If You Miss The Deadline For Your Car Accident Lawsuit?
It can be easy to get overwhelmed after an accident, but filing your lawsuit on time is vital to successfully recovering compensation. Missing the statute of limitations deadline for your car accident lawsuit could mean that you cannot recover compensation for your losses.
However, there are a few exceptions to the deadline, which we’ll discuss below.
Exceptions to the Two-Year Time Limit for a Tampa Car Accident Lawsuit
While two years is usually the time limit to file, in some cases, the statute of limitations is tolled, which means that the two-year limit does not begin running immediately. These tolling exceptions include:
- Age: The statute of limitations may toll for minors in some cases.
- Mental Incapacity: An incapacity that existed prior to the accident may toll the statute of limitations.
- Defendant Unavailability: The statute of limitations may toll if the defendant is not available.
Don’t delay. Talk to a Tampa car accident attorney as soon as possible to understand the deadline that applies to your case. The sooner you contact us, the sooner we can get started so you don’t miss any deadlines.
What If a Loved One Dies During a Tampa Car Accident?
If a loved one dies during a car accident, the stress and sadness can quickly become overwhelming. It may be easy to push back filing a lawsuit due to the grief, but it’s important to remember that the Florida statute of limitations for filing a wrongful death lawsuit is also two years.
Hiring a Tampa wrongful death lawyer can be helpful as they can focus on your paperwork and case while you are focusing on your family and healing. A wrongful death lawyer can also fully explain how a personal representative must file the wrongful death suit, as it does differ from a personal injury lawsuit.
What If the Government Was at Fault for Your Car Accident?
Florida waives sovereign immunity in some cases, allowing you to sue a government entity. You will typically have to notify the government of your claim and then wait for the government to review the claim. If they deny it, you may be able to bring a lawsuit. Talk to a lawyer right away to make sure you meet the deadlines for notifying the government of your claim and bringing a lawsuit.
Changes in the Florida Statute of Limitations
You may have read that the statute of limitations for personal injury lawsuits was four years in Florida. However, in March 2023, the governor signed legislation into law that changed the statute of limitations for personal injury lawsuits to two years.
Importance of Bringing a Timely Tampa Car Accident Lawsuit
In addition to ensuring that you bring your lawsuit within the statute of limitations timeline, there are additional reasons why moving quickly can be helpful. Evidence at accident scenes may disappear or be altered in some way.
Some types of timely evidence that your Tampa car accident lawyer may gather on your behalf include:
- Surveillance, dashcam, or traffic cam footage. Businesses with road-facing cameras that captured your accident on video may erase or overwrite their footage after a set amount of time.
- Accident scene evidence. Depending on the amount of time that has passed, signage may change on roads, or road conditions may change. Additionally, physical signs of the accident, such as skid marks, may fade over time.
- Eyewitness statements. Talking to witnesses early can be key, as they will have the freshest memory of what they witnessed.
- Photographs of your injuries. As time passes, bruises will fade, and cuts will heal, so it’s important to catalog the extent of your injuries while they are still visible.
What Types of Damages May You Be Able to Recover in a Tampa Car Accident Lawsuit?
In personal injury or car accident lawsuits, there are several types of damages that can be awarded as compensation for your injuries. These include both economic and non-economic damages.
- Economic Damages: These are quantifiable costs and can include things like medical bills, lost wages, future needed medical care, and even mileage to and from appointments.
- Non-Economic Damages: These can include aspects like the pain and suffering that you have endured due to the stress of the accident and the trauma of your injuries.
Contact a Tampa Car Accident Attorney for Timely Filing
After a car accident, you have a lot to deal with. From the stress of missing work, fixing your car, and dealing with medical appointments to the burden of trying to regain financial stability, it can quickly become overwhelming. A Tampa car accident lawyer can fight for you to receive fair compensation for what you have suffered. They will communicate with insurance companies on your behalf, gather evidence to support your case, and represent you at trial.
Our Tampa car accident lawyers at the Law Office of Anidjar & Levine go the extra mile for our clients. We can even help you schedule medical appointments and help you get your car fixed. Call us today for a free consultation on your case.
We Can Help.
