How Long Do Passengers Have to File a Personal Injury Claim After an Accident in Florida?
If you were severely injured as a passenger in a Florida car accident, you have legal options, including filing a personal injury claim against the driver who caused the accident. If another driver caused your injuries, you should not bear the financial burden for medical expenses, lost wages, and other damages. Under Florida law, you have the right to seek compensation for these costs. However, there is a deadline for filing a personal injury claim after being involved in an accident as a passenger. This deadline is known as the statute of limitations. Missing this deadline can prevent you from recovering compensation. In this article, we discuss the deadline for filing a personal injury claim after suffering injuries in a car accident as a passenger.
Florida’s Statute of Limitations for Personal Injury Claims
In personal injury law, a statute of limitations defines the maximum amount of time parties have to initiate a claim following an injury. The amount of time parties have to file personal injury claims varies depending on various factors, including the jurisdiction and type of claim.
So, how long do passengers have to file a personal injury claim after an accident in Florida? Florida law generally gives passengers two years from the accident date to file a personal injury claim. Florida’s statute of limitations for personal injury claims, including claims filed by passengers, changed from four to two years on March 24, 2023. So, for all accidents that occurred on or after March 24, 2023, the general time limit for filing a personal injury claim is two years. The statute of limitations for accidents before this date is four years.
However, Florida has a “discovery rule,” which gives injured parties more time to file a claim if an injury is not discovered immediately. Under the discovery rule, if an injury was not discovered immediately, the statute of limitations ‘clock starts running on the date the injury was or should have been discovered. Other scenarios, such as if the defendant leaves the state after the accident and before a claim is filed or deliberately hides evidence of their liability, may also result in the statute of limitations being tolled or paused.
Consequences of Missing the Statute of Limitations Deadline
If you were injured in an accident as a passenger, you must act fast to avoid missing the statute of limitations deadline. The court will most likely dismiss your case if you file it after the statute of limitations has expired, leaving you without a legal remedy. If your case is dismissed because you missed the filing deadline, you won’t have another chance to refile your case unless a rare exception applies. Missing the filing deadline can result in the loss of compensation for medical expenses, lost wages, pain and suffering, and other damages. If you’ve been injured as a passenger, consult an attorney as soon as possible to discuss your options and start working on your case.
Contact Us for Legal Help
If you were injured as a passenger in Florida, contact our Fort Lauderdale personal injury attorneys at The Pendas Law Firm to discuss your options and start working on your case.
The Pendas Law Firm also represents clients in the West Palm Beach, Miami, Ocala, Orlando, Fort Myers, Tampa, Jacksonville, Bradenton, Daytona Beach, Naples, and Melbourne areas.
