Statute of limitations matters.
Florida State statute of limitations is the time period a person has to file a legal action against someone who has caused injury, damage or death to a victim through their negligent acts. Contact an attorney right away if you or someone you love has suffered injury or loss due to the actions of another person. If you do not file the legal action in the required period of time, you may be barred from doing so and lose the ability to be compensated for any losses or damages resulting from the injury.
Legal claims are resolved through the recovery of compensatory damages and punitive damages. Compensatory damages are based on economic (incurred expenses and financial losses to the victim) and non-economic factors (pain and suffering), and punitive damages are damages meant to punish the negligent person for their actions on behalf of the victim (fines, suspended licenses, etc.).
Four year personal injury restriction.
Florida lawsuits that are seeking compensation for personal injury allow four years from the date of an accident to file a civil lawsuit. You must file the claim within that time period or the court will refuse to hear your case. Sometimes a person is not aware of an injury and will not find out about it until some time in the future, but if the injury can be proven to be due to the accident and since it was not “discovered” until a certain time, the filing window may be extended in certain cases.
Two year medical malpractice restriction with special circumstances.
If the injury happened as a result of medical malpractice, the statute of limitations was reduced to two years from the time the patient knew or should have known of the damage, with a four-year statute of repose, and a seven-year maximum cap for cases that involve fraud, concealment, or intentional misrepresentation by a prospective defendant health care provider. The exception to this rule is when the claimant is a minor age eight or younger, in which case the seven-year period does not bar an action brought on behalf of a minor on or before the child’s eighth birthday.
Two year wrongful death restriction.
Wrongful death claims: Wrongful death claims have a two- year statute of limitations, unless the death was caused by medical malpractice, in which case the same extension timeframes for filing a medical malpractice case action, may apply. Wrongful death monetary values for damages are based on:
- How old the deceased was: younger person would be higher settlement due to longer life expectancy;
- The earning capacity of the deceased: A person who was an attorney earning $200,000 per year may see a higher settlement amount someone who made $45,000 per year.
- The health of the deceased: A person in good health would be expected to live longer.
- The income of the person at their time of death.
- Age and circumstances of dependents: A person who leave children could realize a larger settlement than a single person with no dependents.
- Education and training of the deceased: Higher trained and paid professionals usually seek higher wrongful death settlements than a person with only a high school education.
- Medical bills incurred
- Funeral costs
- Value of the deceased’s lost insurance or pension benefits.
Contact legal counsel.
Hire an experienced personal injury at Larson Johnson Law Offices in Tampa to help with legal action after a catastrophic accident leading to exorbitant expenses, life-altering impacts and death to you and a loved one occurs.
Larson Johnson, P.L.
2011 West Cleveland Street
Tampa, Florida 33606
Florida 768.19 Wrongful Death