Yes, you can sue if you got in an accident six months ago. In Florida, the statute of limitations for most personal injury cases is two years from the time of the accident. Failure to comply with this deadline can mean losing your right to file a lawsuit and recover compensation.
Other types of cases can have different statutes of limitations. There can also be exceptions to the two-year deadline for personal injury claims. If you are considering a lawsuit, consult with an attorney to better understand your legal rights and the deadline that applies to your case.
Our car accident lawyers in Fort Lauderdale have recovered more than $250 million in settlements and awards for injured Florida residents. When you’re in a car crash, we can help. Call for your free consultation and tell us what happened.
What Is the Statute of Limitations for a Car Accident?
Every state sets a legal time limit for filing a lawsuit after a car crash or other accident, known as the statute of limitations. This typically ranges between one and six years. In Florida, the law sets the statute of limitations at two years from the time of your accident.
In other words, as long as your accident happened less than two years ago, you still have the right to file a lawsuit. While it is ideal to contact an attorney immediately after your crash to discuss your legal options, you can do so now and get advice on how to move forward.
The statute of limitations exists to allow lawsuits to proceed while the events are still fresh in the participant’s mind, to ensure the efficient functioning of the legal system, and to provide finality for victims and defendants. However, it is not absolute, and there can be exceptions.
Exceptions to the Statute of Limitations?
In some situations, the statute of limitations for a car accident lawsuit is tolled, or paused. This only happens in very specific situations. Your attorney can offer advice on how to proceed if any of the following apply to your lawsuit:
- If the victim is a minor, the deadline may be tolled until they reach their 18th birthday.
- If a car accident victim is mentally incapacitated, the statute is tolled until they regain their faculties or until a guardian is appointed.
- If the defendant’s whereabouts are unknown, the time limit is tolled until they are located.
- When injuries aren’t immediately apparent, the time limit starts when the victims knew or should have known about them.
- Accidents involving government agencies have different time requirements.
What Should You Do if You Need to File a Lawsuit After Six Months?
It’s always important to follow the right steps when you’re injured in an accident. You can sue after a car accident that happened six months ago, but your choices carry even greater weight. Some of the things you should do include:
Contact a Personal Injury Lawyer Immediately
Our legal team can advise you on how to proceed with your lawsuit, based on the specifics of your accident and injuries. Because significant time has already passed, don’t wait any longer to contact a lawyer.
Gather Evidence
Our team can help you collect evidence like medical records, bills, and other documents that show the extent of your injuries. Pay stubs may show lost wages and benefits, and you may have repair estimates for your damaged vehicle.
Get Medical Care
See a doctor if you think you sustained an injury in the accident, even if it is six months later. The extent of your injuries and your ability to prove them play a major role in your personal injury case.
Notify Insurance Companies
Florida’s no-fault insurance regulations (Fla. Stat. § 627.7407) mean your insurer is the primary payer when you have an accident. Ideally, you would have let them know immediately. If not, report the accident to all insurance companies now.
Limit Discussions With the At-Fault Drivers’ Insurer
Advise insurers that you are working with an attorney. Avoid giving them statements or engaging in discussions. We will file your lawsuits and manage all interactions with the insurance companies.
Get Help With Your Car Accident Lawsuit
You can still sue, even if you got in a car accident six months ago. Florida’s statute of limitations for a car accident claim and most personal injury cases is two years from the date the accident happened. However, there can be exceptions to your time limits.
There may also be additional factors that present a different statute of limitations, or toll the two-year period. And, your no-fault auto insurance policy may factor in. It can get confusing, which is why it is important to talk to an attorney whenever you are considering a lawsuit.
Our team at Blakeley Law Firm has more than 40 years of combined experience standing up for the rights of injured accident victims in Florida. Call for your free consultation and find out how we can help with your car accident lawsuit.
