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How Much Time Do You Have To File An Injury Claim In Florida?


A car accident takes every involved party by surprise. No one knows when it will happen. When it does, it may result in serious repercussions that one may have to deal with weeks or even months after the day it occurs.

In worst cases, an individual ends up suffering from serious injuries that affect their entire life. In Florida, a total of 255,353 injuries were related to auto accidents in 2018. That number does not include fatalities.

A No-Fault State

Florida requires all vehicle owners to have a personal injury protection (PIP) policy. Thus, a driver involved in an auto accident can recover damages by claiming insurance. However, some accidents result in serious injuries or wrongful death. In such cases, the law allows the victim to seek compensation for damages. One can do this by filing a personal injury claim against the person at fault.

Claiming Your Benefits

As stated earlier, the law mandates all vehicle owners to carry a PIP policy. It has to be at least $10,000. At the same time, you need to have at least a $10,000 property damage liability (PDL) policy if your car is registered in Florida. The insurance coverage extends to your children or other members of your household who were in the vehicle when the accident happened.

If you or a passenger gets injured after a car accident, you have to seek medical attention as soon as possible. You have to do it within fourteen days after the incident to receive the benefits under your PIP policy.

The Statute Of Limitations

Statute of limitations refers to the period within which an individual can start legal action due to personal injury. When it comes to auto accident injuries, it refers to how long a person can bring a lawsuit against the other party for certain damages.

• Vehicle Accident Injury – For the majority of auto accident claims, the state gives victims four years to bring a lawsuit against the party at fault. You have to bring the case to court within four years from the date of the incident.

• Product Liability – If the accident was due to a defective car or parts, then you may be able to file a product liability lawsuit and seek compensation. This type of claim also expires. You need to bring the lawsuit within four years.

• Wrongful Death – If you are a surviving family member who has lost a loved one in an auto accident that another party caused, you may seek compensation for all damages that are related to your loss. The state gives you two years to pursue the case against the liable party.

• Against A Government Entity – Some accidents are due to poorly maintained roads, potholes, sinkholes, fallen signs, scattered debris, malfunctioning traffic signals, or dangerous construction zones. According to Florida law, you can file a case against the state, city, or county. However, you have to file it within three years after the incident.

Florida has various statutes of limitations for auto accident injuries. Knowing these expiration dates can help you deal with the situation properly.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

How Much Time Do You Have To File An Injury Claim In Florida?

Goldman Babboni Fernandez
Murphy & Walsh




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