How Long Do I Have to File an Auto Injury or Wrongful Death Claim in Florida?

You will find the action / claim filing limitations regarding auto accidents in Florida Statute § 95.11.

Florida auto accident injury claims are typically filed as negligence claims. Florida Statute § 95.11(3)(a) states that a negligence claim brought in Florida State Court should be brought within four years of the date of accident giving rise to the claim. However, as with every area of the law there are certain exceptions which can extend or shorten that time frame. For instance, if you are suing a government entity you may need to put the government entity on notice of and bring the claim sooner than 4 years. If you are suing your own insurance company for underinsured or uninsured motorist coverage you may have up to 5 years to bring your claim.

If your auto accident lawsuit is a wrongful death claim, Florida Statute § 95.11(4)(d) states that it must be filed within two years of the date the death occurred. Each of these deadlines for filing a claim could change depending on the facts and circumstances of your auto accident case and whether the claim is brought in Federal Court, Florida State Court or another jurisdiction.

When faced with questions regarding the time frames required to file an auto accident injury or wrongful death claim, it is best to ask an experienced personal injury trial lawyer for guidance as a missed deadline can mean that you will be forever barred from bringing your claim. The Sarasota auto accident auto accident trial attorneys of Lutz, Bobo & Telfair, P.A. offer a free initial consultation to personal injury auto accident victims and handle those claims that they accept on a contingency fee basis. This means that if there is no recovery, our attorneys do not collect a fee.

The above is very brief summary of Florida’s Statutes of Limitation only and should not be relied upon as legal advice. The facts and circumstances of each Florida auto accident case are unique and cannot be fully explained in a website. If you have questions regarding Florida auto accident law or the filing of a personal injury or wrongful death claim, please contact a Sarasota auto accident attorney from the law firm of Lutz, Bobo & Telfair, P.A. and we will be happy to assist you.

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