How Long Do I Have to File a Motorcycle Accident Claim in Florida?
A motorcycle accident in Miami—whether caused by a distracted driver on the Palmetto Expressway or a pothole in Coconut Grove—can result in severe injuries like road rash, fractures, or traumatic brain injuries (TBIs), leaving victims with medical bills, lost wages, and emotional trauma. Pursuing compensation for these losses is critical, but Florida law imposes strict deadlines, known as the statute of limitations, for filing a motorcycle accident claim. Missing this deadline can bar you from recovering damages, regardless of your case’s strength. At PWD Law Firm, our Miami motorcycle accident lawyers help clients act promptly to protect their rights. If you’ve been injured, act now for motorcycle accident support to meet critical deadlines. This article explains Florida’s statute of limitations, exceptions, and why acting quickly is essential.
Florida’s Statute of Limitations
In Florida, the statute of limitations for filing a personal injury claim, including motorcycle accidents, is two years from the date of the accident (as of 2025). This means you have two years to file a lawsuit against the at-fault party, such as a negligent driver or government entity. For example, if you were injured in a motorcycle crash on May 10, 2025, you must file your claim by May 10, 2027. Failing to meet this deadline typically results in the court dismissing your case, preventing you from seeking compensation for medical expenses, lost income, or pain and suffering.
For wrongful death claims resulting from a motorcycle accident, such as a fatal crash caused by a drunk driver, the statute of limitations is also two years from the date of death. This allows families to pursue justice for their loved one’s loss. Explore PWD Law Firm ensures your motorcycle accident claim is filed within the required timeframe, preserving your right to hold negligent parties accountable.
Exceptions to the Rule
While the two-year statute of limitations applies to most motorcycle accident cases, certain exceptions may extend or alter this deadline. Minors injured in a motorcycle accident may have an extended timeline. If the victim is under 18, the statute of limitations may be tolled (paused) until they reach the age of majority. This means the two-year clock might not start until they turn 18, giving them until age 20 to file. However, parents or guardians can file a claim on the child’s behalf earlier to cover medical costs or other losses.
The delayed discovery rule is another exception, applying when an injury isn’t immediately apparent. For instance, a TBI or internal injury from a crash may not show symptoms for days or weeks. In such cases, the statute of limitations may begin when you discovered (or reasonably should have discovered) the injury, though courts require strong evidence to grant this exception. Government entities involved in a crash, such as when a road defect causes an accident, may impose shorter deadlines, sometimes as little as six months, due to special rules for claims against public agencies.
If the at-fault party flees the state or conceals their identity, the statute of limitations may be tolled until they can be located. PWD Law Firm carefully assesses your case to identify any exceptions, ensuring you don’t miss your opportunity to file due to unique circumstances.
Why Acting Quickly Matters
Even with a two-year statute of limitations, acting quickly after a motorcycle accident is critical for building a strong case. Preserving evidence is a key reason. Traffic camera footage, which might show a driver’s negligence, is often erased within days or weeks. Witness memories fade, and physical evidence, like skid marks or debris, may disappear. Prompt action allows PWD Law Firm to secure this evidence, such as footage of a driver running a red light in Downtown Miami, before it’s lost.
Medical documentation is another vital factor. Seeking immediate medical care creates a record linking your injuries to the accident, which is essential for proving damages. Delaying treatment could allow insurers to argue that your injuries, like a fracture or road rash, resulted from another cause, weakening your claim. Early action also helps address Florida’s comparative negligence law, as delays might suggest you weren’t seriously injured, reducing your compensation.
Hiring a lawyer early enables PWD Law Firm to investigate thoroughly, counter insurance company tactics, and negotiate fair settlements. Insurers may offer low settlements to resolve claims quickly, but our attorneys ensure you don’t accept less than your case’s worth, especially for long-term injuries like a spinal cord injury.
How PWD Law Firm Can Help
PWD Law Firm takes a proactive approach to ensure your motorcycle accident claim is filed on time and supported by compelling evidence. We begin with a free consultation, reviewing your crash details and assessing the statute of limitations, including any exceptions like delayed injury discovery. Our investigation collects critical evidence, including police reports, traffic camera footage, and witness statements, to prove the at-fault party’s negligence. For example, if a distracted driver caused your crash, we subpoena phone records to confirm their distraction.
We collaborate with medical experts to document your injuries, from road rash to TBIs, ensuring your claim reflects current and future costs. Accident reconstruction specialists recreate the crash to demonstrate how negligence caused your injuries, strengthening your case. Our Miami motorcycle accident lawyers negotiate with insurers to secure fair settlements, but we’re prepared to file a lawsuit and litigate if necessary to maximize your compensation.
Contact Us Now
If you’ve been injured in a motorcycle accident in Miami, don’t let Florida’s two-year statute of limitations (as of 2025) prevent you from seeking justice. PWD Law Firm’s experienced motorcycle accident lawyers are here to ensure your claim is filed on time and backed by strong evidence. Whether you’re facing medical bills, lost wages, or chronic pain, we’ll fight to hold negligent parties accountable and secure the compensation you deserve. Act quickly to preserve evidence and strengthen your case.
Contact our legal experts to discuss your accident and learn how we can help. Visit our contact page or call us to get started. Let us fight for your recovery and justice.
