Hurt in a Florida Crash? The Two-Year Clock on a Negligence Claim
Every week brings another round of Florida crash headlines, and this week local outlets were again covering serious wrecks and the state's Move Over law. We wrote about that law earlier this week. Today's question is quieter and just as important for anyone who was hurt: how long do you have to act?
The deadline in the statute
Florida's statute of limitations says an action "founded on negligence" must be brought within two years. Fla. Stat. § 95.11(5)(a). A car, truck, or motorcycle crash caused by someone's carelessness is the classic negligence case, and so are many slip-and-fall and premises injuries.
Do not rely on what a friend or relative remembers about the deadline. Check the current statute, or ask a lawyer.
Why waiting costs more than time
The legal deadline is not the only clock.
- Evidence disappears. Surveillance video is often overwritten within days or weeks. Skid marks fade. Vehicles are repaired or scrapped.
- Witnesses move on. Memories fade, and people change phone numbers.
- Medical records tell the story. Gaps in treatment give an insurance company room to argue that you were not really hurt.
- Insurance has its own rules. Your own policy may require prompt notice of a claim, and personal injury protection benefits come with their own requirements. Read your policy, or have someone read it with you.
What to do after a crash
- Get medical care and follow the treatment plan.
- Photograph the scene, the vehicles, and your injuries as soon as it is safe.
- Get names and contact information for drivers and witnesses.
- Keep every bill, receipt, and record in one folder.
- Do not give a recorded statement to the other driver's insurance company before you talk to a lawyer.
- Do not post about the crash or your injuries on social media.
- Write down the date of the crash and count forward. If you are close to two years, call right away.
What the deadline does not mean
Two years is the outer limit for filing a lawsuit. It is not a goal. Most cases are stronger when a lawyer starts early, preserves evidence, and has time to document the full effect of the injury.
Other kinds of claims can have different deadlines. If you are not sure which rules apply to you, ask a lawyer promptly.
How we can help
Dennis Gonzalez Law, P.A. handles personal injury claims throughout Miami-Dade. The consultation is free, and nothing here is a promise about any result. Call (305) 209-0384. We answer 24/7. Learn more on our personal injury page.