How Long After a Car Accident Can I File a Claim in Miami?
You have two years from the date of the accident to file a car accident lawsuit in Miami if the crash occurred on or after March 24, 2023. Under Florida law (F.S. 95.11(5)), this new two-year statute of limitations applies to any claim involving personal injuries. If your case only involves property damage, you may have up to four years—but the shorter deadline applies if you were hurt. Missing this deadline can permanently block your right to seek compensation, so it’s critical to act quickly. An experienced Miami car accident lawyer can help ensure your case is properly prepared and filed well before the deadline.
Reviewed by: James D. Payer
Table of Contents
- When Does the Car Accident Statute of Limitations Start in Florida?
- What If Your Injuries Aren’t Discovered Right Away?
- What If the Deadline Has Passed for Filing a Miami Car Accident Claim?
- Are There Exceptions to the Filing Deadline?
- What Is Needed to File a Car Accident Claim in Miami?
- Why Acting Quickly After a Miami Car Accident Can Strengthen Your Claim
- When Is the Right Time to File a Car Accident Claim in Miami?
- How a Miami Car Accident Lawyer Can Help Strengthen Your Case Early On
- Why So Many Miami Accident Victims Trust Payer Law
When Does the Car Accident Statute of Limitations Start in Florida?
The Florida car accident statute of limitations generally begins on the date of the accident. In the event of a wrongful death, the timeline to file a car accident lawsuit will begin on the date of the victim’s passing instead.
What If Your Injuries Aren’t Discovered Right Away?
It’s possible for the deadline to begin at a much later date thanks to “latent injuries,” or injuries that aren’t immediately apparent. Laws typically allow for the statute of limitations to begin on the date your injuries are discovered instead of the date of the accident.
However, Florida courts tend to be strict, so you should always assume the clock is ticking the second you get into an accident.
What If the Deadline Has Passed for Filing a Miami Car Accident Claim?
If you’ve missed the deadline to file a Miami car accident lawsuit, you’ll likely lose your right to sue, and a court would dismiss your claim immediately. The liable party would not engage in settlement negotiations, knowing that any lawsuit you filed would be doomed to failure.
Are There Exceptions to the Filing Deadline?
There are some rare exceptions that could extend the filing deadline, including scenarios where the victim is a minor or the at-fault driver has fled Florida. It’s important to consult a knowledgeable Miami car accident attorney immediately if you’re unsure how long you have to file a claim.
What Is Needed to File a Car Accident Claim in Miami?
To file a Miami car accident lawsuit, you’ll need to gather a variety of evidence establishing the other driver’s liability. Some examples of key information you’ll need include:
- Your medical records and bills, including details of your injuries
- The police report detailing the facts of the accident
- Insurance information from all parties involved
- Photos or video evidence from the scene, including footage from bystanders or security cameras
- Contact information for any witnesses willing to give statements
Why Acting Quickly After a Miami Car Accident Can Strengthen Your Claim
Evidence is strongest immediately after an accident and fades with time, becoming less convincing or harder to find. It’s crucial to start collecting and preserving important evidence as soon as possible. A skilled Miami car accident lawyer can help you gather harder-to-find types of evidence and build a strong foundation for your claim.
When Is the Right Time to File a Car Accident Claim in Miami?
The best time to file a Miami car accident claim is as soon as possible after the crash, once you’ve sought medical treatment and have a clear understanding of your injuries. The sooner you start your lawsuit, the better your chances of success.
While you technically have two years to file a lawsuit under the Florida car accident statute of limitations, delaying legal action can significantly weaken your claim.
How a Miami Car Accident Lawyer Can Help Strengthen Your Case Early On
While you don’t need to hire a Miami car accident lawyer to file a claim, the right attorney can make all the difference. Taking early action and engaging with a Miami personal injury attorney gives you an advantage throughout the legal process. Witnesses will have a more accurate memory of the accident, allowing them to clearly detail the other driver’s liability. You’ll have an easier time finding and preserving key evidence like security camera footage. Insurance companies will also have less time to dispute your claims.
Why So Many Miami Accident Victims Trust Payer Law
James D. Payer and the skilled legal team at Payer Law have over 30 years of experience helping accident victims like you get the justice they deserve. We’ve recovered more than $100 million for our clients through our commitment to aggressive representation.
We’re dedicated to treating our clients like family, providing personalized service, and open, transparent communication throughout the legal process. We understand that you’re going through one of the toughest challenges of your life, so we’ll stand up for you and do whatever we can to get you the best possible outcome.
It Pays to Call Payer. Contact us online or call (305) 363-7099 today to schedule a free case review and learn more about what sets us apart.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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