How Long Do You Have to File a Truck Accident Lawsuit in Florida?
What You Need to Know For most Florida truck accident injury claims, you generally have 2 years from the date of the crash to file a lawsuit. Florida Statute § 95.11 now sets a 2-year filing deadline for negligence claims, including most personal injury claims arising from truck crashes. Here are the key points: Truck accident injury lawsuits in Florida are usually subject to a 2-year statute of limitations. The 2-year rule generally applies to crashes that happened on or after March 24, 2023, after Florida House Bill 837 took effect. Crashes before March 24, 2023, may fall under the prior 4-year deadline, depending on the facts. Wrongful death claims generally have a separate 2-year deadline. Claims involving government vehicles may require special written notice before a lawsuit can be filed under Florida Statute § 768.28. Filing an insurance claim does not stop the lawsuit deadline. Had a bad day? Call The Reyes Firm at 833-4 BAD DAY. The next section explains why this deadline matters before insurance talks drag on. Introduction After a truck crash, you may be dealing with pain, medical bills, missed work, and calls from insurance companies. The last thing you may think about is a legal deadline. But the Florida statute of limitations for truck accidents may already be running. That can create a serious problem. If too much time passes, you may lose your right to file a lawsuit, even when the truck driver or trucking company caused the crash. This guide explains how long you have to file, when the clock usually starts, what exceptions may apply, and why acting early can protect your claim. Once you know the deadline, the next step is knowing which version of Florida law applies to your crash. How Long Do I Have to File a Truck Accident Lawsuit in Florida? In most Florida truck accident cases, you have 2 years from the date of the crash to file a personal injury lawsuit. Florida Statute § 95.11 applies a 2-year deadline to actions founded on negligence. In plain English, negligence means someone failed to use reasonable care and caused harm. Truck accident claims are usually negligence claims because they often involve careless driving, unsafe trucking practices, poor maintenance, or other failures that caused injury. This deadline may apply to claims against: The truck driver The trucking company A maintenance company A cargo-loading company A broker or other responsible company Another driver who contributed to the crash Florida’s deadline changed in 2023. House Bill 837 reduced the deadline for many negligence claims from 4 years to 2 years. The law took effect on March 24, 2023. Important Deadline Warning If your crash happened on or after March 24, 2023, the 2-year deadline generally applies. If your crash happened before March 24, 2023, the prior 4-year deadline may apply. You should not assume that without legal review. A few days can make a major difference. If you are unsure which deadline applies, speak with a Florida truck accident attorney as soon as possible. The date of your crash matters, but so does the date the legal clock starts. When Does the 2-Year Clock Start After a Truck Crash? In most truck accident cases, the clock starts on the date of the crash. It usually does not start when: You finish medical treatment You find out your injury is permanent The insurance company denies your claim Settlement talks break down You realize the trucking company may be responsible This is one of the most common mistakes injured people make. They focus on getting treatment, repairing their vehicle, and returning to work. Months pass before they realize the legal clock has been running the whole time. Filing an insurance claim also does not pause the statute of limitations. A lawsuit must be filed in court before the deadline expires. Still have questions? Call The Reyes Firm at 833-4 BAD DAY. The consultation is free, and there’s no obligation. Missing that court deadline can change the entire case, no matter how strong the facts are. What Happens If I Miss the Florida Truck Accident Filing Deadline? If you miss the statute of limitations, the court may dismiss your lawsuit. In many cases, that means you lose the right to seek compensation through the court system. That can happen even if: The truck driver was clearly at fault Your injuries are catastrophic You have strong evidence You were still negotiating with the insurance company You did not know the deadline applied Insurance companies understand these deadlines. If the deadline passes, they may have little reason to continue settlement talks. 💡 Did You Know? Filing an insurance claim is not the same as filing a lawsuit. The insurance process can continue while your court deadline keeps running. That is why it is important to treat the statute of limitations as a hard deadline, not a flexible timeline. Some cases have special rules, but those rules can be easy to misunderstand. Watch: How Long Does a Lawsuit Take in Florida? In this video, The Reyes Firm explains how Florida’s 2-year statute of limitations applies in many civil injury cases and what may happen after a lawsuit is filed. This can help you understand why filing on time matters after a serious crash. Are There Exceptions to the Florida Truck Accident Statute of Limitations? Yes, but exceptions are limited and highly fact-specific. You should not rely on an exception unless a Florida attorney has reviewed your case. Some deadlines may be shorter, more complex, or tied to special notice rules. In plain English, that means your case may have extra steps before you can sue. Wrongful Death After a Fatal Truck Crash If a loved one dies because of a truck accident, the family may have a wrongful death claim. In Florida, wrongful death claims generally must be filed within 2 years from the date of death. This date may be different from the crash date if the injured person survived for days, weeks, or