Fort Myers Car Accidents: Statutes of Limitations

Fort Myers Car Accidents: Statutes of Limitations

A statute of limitations establishes how long a person has to initiate a lawsuit. For most Florida negligence claims arising from car accidents occurring after March 24, 2023, the general filing period is two years. Different rules may apply to older accidents, wrongful death cases, claims against government entities, insurance claims, and cases involving a legally recognized basis for tolling or extending a deadline.

This article explains the statutes of limitations that may apply after a Fort Myers car accident and how a Fort Myers car accident lawyer can help protect your right to pursue compensation.

The Statute of Limitations for Personal Injury

Car accidents can affect:

• Your physical and emotional health;
• Your ability to work and earn income;
• Your vehicle and other personal property; and
• Your overall financial situation.

Under Florida Statutes § 95.11(5)(a), an action founded on negligence generally must be commenced within two years. This two-year period applies to causes of action accruing after March 24, 2023, when Chapter 2023-15, Laws of Florida, became law.

A negligence claim that accrued on or before March 24, 2023, may remain subject to the prior four-year limitations period. Determining when a claim accrued and which version of the law applies requires an evaluation of the accident date and the specific facts of the case.

Missing the applicable deadline may cause a court to dismiss your Fort Myers lawsuit. Certain circumstances may affect the calculation of the deadline, but exceptions are limited and should not be assumed to apply.

The Statute of Limitations for Wrongful Death

If a person dies because of injuries sustained in a car accident, Florida law generally requires a wrongful death action to be commenced within two years of the date of death. This deadline appears in Florida Statutes § 95.11(5)(e).

Under Florida Statutes § 768.20, the decedent’s personal representative—not an individual family member acting independently—must bring the wrongful death action. The representative pursues the claim for the benefit of the decedent’s estate and eligible survivors.

Wrongful death cases may also involve additional notice requirements or different procedural rules depending on the identity of the defendant. Families should seek legal guidance promptly rather than waiting until the two-year period is close to expiring.

Filing an Insurance Claim for Car Accident Damages

Florida law generally requires owners or registrants of motor vehicles required to be registered in the state to maintain the security specified by Florida’s Motor Vehicle No-Fault Law. The applicable requirements are described in Florida Statutes § 627.733.

Insurance policies may require notice of an accident as soon as practicable. Accident victims should therefore notify the appropriate insurers promptly and provide the documents reasonably required to support their claims. Policy-based notice and claim deadlines are separate from the statute of limitations for filing a lawsuit.

The frequently cited 30-day rule does not mean that an insurer must settle every car accident claim within 30 days. Under Florida Statutes § 627.736(4)(b), covered Personal Injury Protection benefits generally become overdue if they are not paid within 30 days after the insurer receives written notice of the covered loss and its amount. The statute contains exceptions, documentation requirements, and provisions allowing additional time in certain circumstances.

Insurance May Cover Only Part of Your Damages

Insurance benefits may not cover every loss resulting from a collision. Depending on the facts, an injured person may be able to pursue a negligence claim against an at-fault driver or another legally responsible party. The available recovery will depend on factors such as liability, comparative fault, available insurance coverage, the evidence of damages, and the applicable law.

Recoverable economic damages may include:

• Past and future lost income: Compensation for income the injured person could not earn while recovering from the accident.
• Reduced earning capacity: Compensation when an injury limits the person’s ability to earn income in the future.
• Medical expenses: Reasonable and necessary accident-related treatment expenses supported by the evidence.
• Property damage: The reasonable cost of repairing or replacing a damaged vehicle and other affected property.

Noneconomic damages may compensate for losses such as:

• Disfigurement: Scarring or other permanent changes to the person’s appearance.
• Loss of enjoyment of life: Limitations on the person’s ability to participate in activities or perform ordinary tasks.
• Pain and suffering: The physical pain, mental anguish, and inconvenience caused by the injuries.

Florida imposes an additional injury threshold on claims for noneconomic damages arising from the use or operation of a motor vehicle. Under Florida Statutes § 627.737(2), a claimant generally must establish a significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.

A Lawyer Can Help Protect Your Car Accident Claim

Every car accident case requires an approach based on its particular facts. Our law firm can review your case, determine which deadlines may apply, and develop an appropriate legal strategy. The steps we may take on your behalf include:

• Collecting evidence, including photographs, medical records, repair estimates, witness statements, and crash reports;
• Identifying the parties who may be legally responsible for the accident;
• Calculating the applicable filing and notice deadlines;
• Preparing and filing required notices, insurance claims, and court documents;
• Communicating with insurance companies and other involved parties;
• Documenting the full extent of the client’s economic and noneconomic damages;
• Negotiating for an appropriate settlement; and
• Preparing the case for trial when a reasonable settlement cannot be reached.

The Law Offices of Wolf & Pravato can provide more information about Fort Myers car accidents, applicable statutes of limitations, and the compensation you may be eligible to pursue.

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