In Florida, you generally have two years from the date of a motorcycle accident to file a personal injury lawsuit. This is the Florida motorcycle accident lawsuit statute of limitations. Breaking this deadline means losing your right to seek compensation entirely.
This is why you should speak with a Florida motorcycle accident lawyer as soon as you can after an accident. If you wait too long, they won’t have time to build your case.
What Exactly Is the Statute of Limitations for Motorcycle Accidents in Florida?
For personal injury cases involving motorcycles, the statute of limitations is two years from the date of the accident. This timeline was established by recent changes to Florida law in 2023. If your loved one passed away due to motorcycle accident injuries, the two-year statute of limitations begins on the date of death, not the accident date.
In rare cases, the two-year period might start from when you discovered (or reasonably should have discovered) your injuries. There can also be other circumstances that can pause the clock (“toll”) the statute of limitations, like if the responsible party leaves the state.
Why Did Florida Change the Time Limit?
The 2023 bill that changed the statute of limitations from four years to two years was part of broader tort reform measures. The legislature determined that shorter timelines help resolve cases while evidence is fresh and witnesses are available. This change aligns Florida with many other states with similar two-year limits.
What Happens if I Miss the Deadline?
If you try to file after the two-year deadline, the court will dismiss your case even if you have clear evidence and severe injuries. This dismissal is permanent–you can’t refile the case later or appeal based on the merits of your claim. The court has no discretion to make exceptions just because your case is strong or your injuries are severe.
Preparing a lawsuit takes time. Your lawyer needs to investigate, gather evidence, and prepare legal documents. Waiting until the last minute could mean missing the deadline if unexpected complications arise. For more information on mistakes to avoid, take a look at our e-book, Five Deadly Sins That Can Wreck Your Injury Claim.
How Do Insurance Companies Use the Statute of Limitations Against You?
Insurance companies know that the time pressure of the Florida motorcycle accident lawsuit statute of limitations works in their favor. They employ several tactics to use it against injured riders:
Quick Settlement Offers
Insurance adjusters often make fast and low settlement offers immediately after an accident. They know you’re facing medical bills and lost wages, hoping financial pressure will force you to accept less than your case is worth. Once you accept their offer, you can’t seek additional compensation even if your injuries worsen.
Deliberate Delays
Adjusters may purposely drag out negotiations, requesting unnecessary documentation or taking weeks to respond. They know that you’ll feel pressured to accept a lower offer as the two-year deadline approaches. Without a lawyer, you might not realize how much time these delay tactics waste.
False Promises
Some adjusters promise fair settlements while letting time tick away. They might say, “We’ll take care of you,” or “We accept liability,” leading you to believe you don’t need legal help. Then, as the deadline nears, they either make low offers or stop responding, knowing you’re running out of time to file a lawsuit.
How Does the Statute of Limitations Protect Both Parties?
The statute of limitations may seem unfair on the surface, but there are very good reasons for it. These time limits create a fair and efficient legal system that protects everyone involved. For injured riders, the deadline provides:
- A clear timeframe for taking action
- Better access to evidence while it’s still fresh
- Motivation for insurance companies to negotiate fairly
- Protection from defendants destroying evidence over time
- Better chances of locating witnesses while their memories are clear
For defendants and their insurance companies, the statute of limitations offers:
- Protection from defending against claims where evidence has been lost
- Ability to investigate claims while witness memories are fresh
- Freedom from the indefinite threat of litigation
- More accurate assessment of liability and damages
- Prevention of fraudulent claims based on old or unprovable incidents
The two-year limit also serves the broader justice system by:
- Reducing court backlogs
- Ensuring cases are decided on fresh evidence
- Promoting prompt resolution of disputes
- Encouraging timely medical treatment and documentation
- Providing certainty and closure for all parties
What Steps Should I Take to Protect My Rights?
Contact a lawyer as soon as possible after your accident. Early involvement allows time to investigate, gather evidence, and build a strong case before the deadline approaches. By having a lawyer, you’ll have someone who can start building your case and prepare for a potential lawsuit.
Most accident claims are settled out of court, but the insurers have much more leverage once the statute of limitations has passed. They know you can’t threaten them with a lawsuit where they may lose much more money.
Beyond hiring a lawyer and following legal advice, you should follow your doctor’s instructions and take medication as prescribed. Also, avoid discussing your case on social media and refer all questions to your lawyer.
What Should I Do Next if I’ve Been in a Motorcycle Accident?
Don’t let the Florida motorcycle accident lawsuit statute of limitations jeopardize your right to compensation. If you’ve been injured in a motorcycle accident, we understand the complexities of Florida motorcycle law and can help protect your rights.
When you work with our lawyers at Winston Law Firm, you get personal attention from a board-certified civil trial lawyer who understands motorcycle cases. Bradley Winston personally handles all final negotiations, mediations, and trials. We wrote the book on motorcycle accidents: The Florida Motorcycle Accident Bible.
Contact Winston Law Firm today for a free consultation. Time is critical in motorcycle accident cases–let us start protecting your rights while you focus on recovery.
