What steps should I take immediately after a car accident in Clermont?

Ensure everyone's safety and call 911. Exchange information with the other driver, take photos of the scene, and seek medical attention—even if you feel fine. Promptly report the accident to your insurance company and consult with a local attorney to understand your rights.

Do I need to report the accident to the police?

Yes. Florida law requires that you report any car accident involving injuries, fatalities, or significant property damage to the police. A police report can be crucial for insurance claims and legal proceedings.

What is Florida's no-fault insurance system?

Florida operates under a no-fault insurance system, meaning your own insurance covers your medical expenses and lost wages up to a certain limit, regardless of who was at fault. However, for serious injuries, you may step outside the no-fault system to pursue additional compensation from the at-fault party.

Can I still recover damages if I was partially at fault?

Yes. Florida follows a modified comparative negligence rule. As long as you are not more than 50% at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.

Should I accept the insurance company's settlement offer?

It's recommended to consult with an attorney before accepting any settlement offer. Insurance companies may offer a quick settlement that doesn't fully cover your damages and future expenses.

What types of compensation can I pursue after a car accident?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and other related costs. An attorney can help evaluate your case and determine the appropriate damages to seek.

By: Jerry May 28, 2025

How Long Do I Have to File a Personal Injury Claim in Florida?

Q: How long do I have to file a personal injury claim in Florida?

In Florida, the statute of limitations for personal injury claims is generally two years from the date of the accident. It's advisable to consult with an attorney as soon as possible to ensure timely filing.

Florida’s Deadline for Filing a Personal Injury Lawsuit

In most cases, you have two years from the date of the accident or injury to file a personal injury lawsuit in Florida.

This deadline is known as the statute of limitations, and it’s strictly enforced. If you miss the deadline, you may lose your right to pursue compensation—no matter how strong your case is.

Why Did Florida Reduce the Time Limit?

Until recently, Florida allowed four years to file a personal injury claim. However, as of March 2023, Florida law was changed to reduce the statute of limitations to two years for most negligence-based injury claims. This new rule applies to any accidents that happened on or after March 24, 2023. Learn more about auto accidents in Florida.

Are There Any Exceptions?

Yes, but they’re limited. Certain types of claims may have different deadlines, including:

Medical malpractice claims – Often require special notice and may involve a different timeline.
Claims involving minors – The deadline may be extended depending on the child’s age.
Claims against a government entity – Require formal notice and may have a shorter timeframe.

Because these exceptions can be complex, it’s critical to speak with a lawyer as soon as possible.

What Happens If You Miss the Deadline?

If you wait too long, the court will likely dismiss your case—even if you have a valid claim. Insurance companies know this, and they may delay negotiations to run out the clock. That’s one reason why contacting a personal injury attorney early can protect your rights.

Don’t Wait. Protect Your Rights Today.

At The Law Office of Jerry Jenkins, P.A., we know that dealing with an injury can be overwhelming. But waiting too long to take legal action can cost you everything. We offer free consultations and handle injury cases in Orlando, Clermont, and across Central Florida.

If you or a loved one has been hurt in an accident, don’t guess about your deadline—contact our office today.

Offices Serving Orlando and Clermont

We’re proud to serve clients in both Orange County and Lake County, including:

Orlando
Winter Garden
Ocoee
Clermont
Minneola
Groveland