Legally reviewed by Dean Levy, Florida personal injury attorney (Florida Bar No. 1012164). Last updated August 14, 2026.
You generally have two years from the crash date to file a car accident lawsuit in Florida. Florida Statutes § 95.11(5)(a) sets the two-year deadline for crashes on or after March 24, 2023. Crashes before that date keep the older four-year limit. File late and the court can dismiss the case permanently.
Key takeaways
- Most Florida car accident lawsuits must be filed within two years of the crash.
- Crashes before March 24, 2023 keep the older four-year filing deadline.
- Wrongful death claims carry their own two-year deadline from the date of death.
- Settlement talks with an insurance company do not pause the clock.
- Claims against government agencies require separate written notice under section 768.28.
How long do I have to file a car accident lawsuit in Florida?
Two years, in most cases. Florida Statutes § 95.11(5)(a) requires an action founded on negligence to be filed within two years of the date the claim accrues, and a car crash claim normally accrues on the day of the collision. A crash on August 14, 2026 generally means a filing deadline of August 14, 2028.
A statute of limitations is the law that sets the maximum time to file a lawsuit. Filing means submitting a formal complaint with the clerk of court, not calling an insurance company or sending a demand letter. Once the period runs out, the right to sue is lost even when fault is obvious.
One detail trips up a lot of online research. A 2024 amendment renumbered the statute, so pages citing § 95.11(3)(a) or § 95.11(4)(a) for negligence are describing an outdated version of the law. The two-year period now sits at subsection (5)(a) and remains in force through the 2025 Florida Statutes.
The volume of claims this affects is enormous. Florida recorded more than 360,000 traffic crashes in 2025, injuring over 235,000 people, according to preliminary data from the FLHSMV Crash Dashboard. Every one of those crashes started its own two-year countdown.
Does the two-year deadline apply to crashes before March 24, 2023?
No. House Bill 837, the 2023 tort reform law that cut the filing period in half, applies only to claims accruing after its effective date of March 24, 2023. A crash before that date follows the older four-year rule.
The math matters right now. Someone hurt in a crash on February 1, 2023 has until February 1, 2027 to file. As of August 2026, crashes from roughly late 2022 through March 23, 2023 are the last group still open under the four-year rule, and those windows close month by month.
This split also explains why so much online information conflicts. An article written in 2021 will confidently say four years, while an article written last month will say two. Both were right when published. The only number that matters is the one tied to your crash date. HB 837 changed more than the deadline; our breakdown of Florida’s 2023 comparative negligence law covers the fault-sharing side.
Which Florida deadline applies to your crash claim?
The deadline for a Florida crash claim depends on what kind of claim it is and when the crash happened. The table below covers the situations that come up most often after a car accident.
| Type of claim | Filing deadline | Legal source |
|---|---|---|
| Injury or vehicle damage from negligence, crash on or after March 24, 2023 | 2 years from the crash | Fla. Stat. § 95.11(5)(a) |
| Injury or vehicle damage from negligence, crash before March 24, 2023 | 4 years from the crash | Prior version of § 95.11 |
| Wrongful death | 2 years from the date of death | Fla. Stat. § 95.11(5)(e) |
| Claim against a government agency | Written notice within 3 years (2 for wrongful death), plus the normal lawsuit deadline | Fla. Stat. § 768.28(6) |
When more than one deadline could apply, the shortest one controls the safe course of action. Treating two years as the outer limit, and starting far earlier than that, avoids the guesswork entirely.
What happens if you miss the statute of limitations?
The court dismisses the case, almost always on a routine early motion, no matter how strong the evidence is. Judges have very little discretion here because the deadline comes from the Legislature, not from the courtroom.
The damage starts before any dismissal. Insurance adjusters track filing dates closely, and once a deadline passes, the claim loses the one thing that made the insurer negotiate: the credible threat of a lawsuit. Settlement offers tend to shrink as the date approaches and vanish after it.
Exceptions exist, but they are narrow and fact-specific. An attorney should evaluate whether one applies, because guessing from articles is how people lose valid claims.
Can Florida’s two-year deadline be paused or extended?
Rarely. Florida law recognizes a short list of situations that pause the clock, a concept called tolling. Examples include a defendant who leaves the state or conceals their whereabouts so they cannot be served.
The most common misunderstanding is the opposite of tolling. Settlement talks, an open insurance claim, ongoing medical treatment, a pending police investigation: none of these pause the statute of limitations. The clock runs through all of them.
Claims involving minors, estates, or government defendants each carry their own timing rules, some shorter in practice than the standard period. When any of those apply, the safest move is a legal review of the dates within weeks of the crash, not months.
What should Broward County crash victims do before the deadline?
Start the practical steps early, because several smaller clocks run out long before the two-year filing deadline does. Broward County logged more than 36,000 crashes in 2025, over 100 per day, and more than 200 people died on its roads that year, according to preliminary FLHSMV data.
Medical care comes first, within 14 days. Under Florida Statutes § 627.736, personal injury protection benefits are generally unavailable without initial treatment inside that window, and the benefit cap drops from $10,000 to $2,500 without an emergency medical condition finding from a qualified provider.
Then secure the paperwork and the proof. Official reports are available through the state’s Florida Crash Portal and can take up to 10 days to become available, while nearby business camera footage is often overwritten within days or weeks.
Lawsuits from crashes in Fort Lauderdale, Pompano Beach, Deerfield Beach, and Lighthouse Point are filed in Broward County’s courts, part of the Seventeenth Judicial Circuit, and building a case that is ready to file takes investigation time. A Pompano Beach personal injury lawyer can usually tell you within one conversation which deadline governs your crash, and Dean Levy Injury Law handles that review at no charge.
Frequently asked questions
Can I still file a car accident lawsuit for a 2022 Florida crash?
Possibly, yes. Crashes that happened before March 24, 2023 fall under Florida’s older four-year deadline, because House Bill 837 only shortened the filing period for claims accruing after its effective date. A crash on October 1, 2022, for example, generally carries an October 1, 2026 deadline. Those older windows are closing fast in 2026, so have an attorney confirm your exact date before assuming the claim is gone.
How long do I have to file a wrongful death lawsuit after a fatal Florida crash?
Wrongful death claims must generally be filed within two years under Florida Statutes § 95.11(5)(e), and the clock runs from the date of death, which can differ from the crash date if the victim survived for a time. The personal representative of the estate files the case rather than individual family members, so opening the estate early protects the deadline.
Do settlement negotiations with the insurance company pause the deadline?
No. Negotiating with an insurer does not stop or extend Florida’s statute of limitations. Adjusters track the filing date, and a claim that can no longer reach a courtroom loses nearly all of its settlement value. If talks are dragging and your deadline falls within the next six months, filing suit preserves the claim, and negotiations can continue after the complaint is filed.
What if a city bus, county truck, or state vehicle caused my crash?
Claims against government bodies follow Florida Statutes § 768.28, which adds steps without adding time. You must present the claim in writing to the agency, and for state agencies also to the Department of Financial Services, within three years, or two years for wrongful death. The agency then gets an investigation window, generally up to six months, before suit can proceed, and your normal lawsuit deadline still applies on top of all of it.
Can I file after two years if my injuries showed up late?
Rarely, and never assume it. Florida generally starts the negligence clock on the crash date, not the day you understood how serious the injury was. Courts recognize only narrow pausing rules, such as a defendant who leaves the state or conceals themselves. Delayed pain, which is common with spine and head injuries, is a medical reason to get examined quickly rather than a legal extension, so have an attorney review the dates before writing anything off.
How soon after a Broward County crash should I contact a lawyer?
Within days, not months. Personal injury protection benefits generally require initial medical care within 14 days of the crash, official crash reports can take around 10 days to become available, and camera footage or witness memories fade quickly. Early contact gives an attorney time to investigate long before any filing deadline. Dean Levy Injury Law reviews Broward County crash cases in a free consultation and works on a contingency fee.
Talk through your deadline with a Fort Lauderdale car accident attorney
Dean Levy Injury Law represents crash victims across Broward County, including Fort Lauderdale, Pompano Beach, Deerfield Beach, and Lighthouse Point. Dean Levy has practiced Florida personal injury law since his admission to the Florida Bar in 2018, and every case starts with a free consultation on a contingency fee basis. Call (888) 613-3326 or visit the office at 955 South Federal Hwy, Suite 416, Fort Lauderdale, FL 33316 to find out exactly which deadline applies to your crash.
This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship with Dean Levy Injury Law. Filing deadlines depend on the specific facts of each case, and exceptions are narrow. Consult a licensed Florida attorney about your situation before making any decision based on this information.
