30 Mar

Florida’s Statute of Limitations For Motorcycle Accident Injuries

Florida Law Group Motorcycle Accidents, Personal Injury, Tips

*This blog was updated to reflect recent changes to Florida’s tort laws (2024)*

If you are injured in a motorcycle accident in Florida that was caused by another motorist’s negligence, you may be entitled to compensation for your injuries. However, there is a statute of limitations, so it is essential to take action immediately following the accident.

Injuries sustained in a motorcycle accident can be life-changing, especially due to the lack of protection motorcyclists have compared to those in a car or truck. Depending on the severity of your injuries, you may end up facing thousands or even tens of thousands of dollars in medical bills for things like a hospital stay, surgery, medication, x-rays, CT scans, physical therapy, and more. You may also have to take time off work, which results in a loss of wages. It isn’t fair that you should have to suffer physically and financially from an accident you didn’t cause.

In Florida, you can file a personal injury claim when you’re injured in a motorcycle accident. Though it must be done within a specific time frame, also known as a statute of limitations. Otherwise, your claim will be deemed invalid.

What Is A Statute Of Limitations?

A statute of limitations is a law that sets the maximum amount of time that parties involved in a legal dispute have to initiate legal proceedings from the date of an alleged offense. The length of the time is based on location and the nature of the offense. The reason statutes of limitations exist is due to the fact that after a certain amount of time, it’s possible that relevant evidence can be lost, and memories of details surrounding a dispute can become foggy. When the allotted amount of time has passed, no civil or criminal action can be brought against an alleged offense.

What Is Florida’s Statute of Limitations For Motorcycle Accident Injuries

In Florida, there is a 2-year statute of limitations for motorcycle accident injury claims from the day the accident occurs. It is important to remember that when a death occurs, surviving family members only have two years from the date of the accident to file a wrongful death lawsuit again. If the injury claim is being brought against a government official who you believe caused you bodily harm, the statute of limitations is three years.

Example & What This Means For Your Case

If you are the victim of a motorcycle accident where the driver was negligent, meaning they were distracted, drunk, texting, or something else, you have two years, and not a single day more, from the date of the accident to file a personal injury claim against them.

In a hypothetical situation, let’s say you get rear-ended at a stop light by a car or truck. They are at fault, and you sustained what you think are minor injuries. It is highly possible that you actually endured more damage than you realized, as the adrenaline from the accident can sometimes shield victims from the pain they are in. Then, later that day, or even a few days later, you lift something heavy at work or at home, and you throw your back out. You think your pain is because of what you lifted, but it’s possible that it is actually a result of the accident. If 3 or 4 years down the line, you have severe back issues that are then determined to be caused by the accident, you can no longer file an injury claim to take legal action against the at-fault party as the statute of limitations is up.

That is why it’s so important to react swiftly by having a medical examination and hiring a motorcycle accident injury lawyer immediately following an accident.

Exceptions

In some instances, there are certain exceptions in Florida that toll the statute of limitations, but it is rarely allowed by the courts. Tolling permits a delay in the start of the time-frame allowed to file an accident injury claim, so an attorney has more time to evaluate the situation. Some of the exceptions include the following:

- The defendant is absent from the state of Florida and cannot be located
- The defendant has used a false identity to escape liability
- It’s discovered later on that injuries sustained were more severe than initially thought
- Prior mental incapacity
- And more.

What Happens If I Wait To File A Claim?

If you wait past the 2-year time frame and don’t qualify for any exceptions, you will be unable to file a claim to recover damages.

What The Florida Law Group Can Do For You

When you’re involved in a motorcycle accident that you did not cause, it is crucial that you take action fast. Don’t allow your window of opportunity to close by waiting past the statute of limitations for motorcycle accident injuries in Florida. You should not have to go into debt to cover medical bills and lost wages from an accident that occurred because of someone else’s negligence. Our firm has been servicing accident victims in Florida since 1984, and our attorneys have over 100+ years of combined experience. If another driver has injured you in a motorcycle accident, we can help you secure the compensation you deserve for your injuries and damages. Call today for a free consultation with one of our motorcycle accident injury attorneys at The Florida Law Group. We work tenaciously to protect your rights.

About Our Firm

The Florida Law Group is one of the state’s oldest and most reputable law firms, as we’ve won millions of dollars for accident injury victims. We’ve also been acknowledged and awarded by some of the nation’s most prestigious legal organizations, including but not limited to the following:

- The National Trial Lawyers Top 100
- Best Lawyers In America
- Multi-Million-Dollar Advocates Forum
- Florida Super Lawyers
- The National Association of Distinguished Counsel
- And we’ve been featured on The Wall Street Journal, CBS news & more

If you believe you have a valid case, call today for a free consultation with experienced attorneys who will work diligently to help you seek justice.