Did you know that there is a limit on how long you have to file a legal claim in Palm Beach? Do you remember how long ago your cause of action for breach of fiduciary duty was? You may think that you can file your claim in Boca Raton for punitive damages whenever you get ready. However, a good contract lawyer will advise you to file your claim before the statute of limitation expires. Read this recent case from the U.S. Court of Appeals discussing statute of limitations under Florida law.
What is a statute of limitations?
- A statute of limitations limits the maximum amount of time that you can file a claim after a cause of action has occured in Miami.
- Both criminal and civil actions have statute of limitations that are specific to each claim.
- Knowing the statute of limitations for your partnership lawsuit in Orange County is important–if the time has expired, you risk throwing away your entire case.
- When a corporation is sued by a private investor, the commercial litigation law firmor the company lawyer will first look to see what the statute of limitations is.
What is Florida’s statute of limitations?
- Florida’s general rule is that the statute of limitations starts running at the time the cause of action accrues.
- In other words, the clock starts ticking on the day that the event for your claim occurred.
- In cases involving fraud, products liability, professional and medical malpractice, and intentional torts based on abuse, the start date for the statute of limitations clock may be delayed.
- This is called the “delayed discovery” exception.
- For instance, in a fraud claim, the statute of limitations clock does not begin to run until
1) the fraud was discovered, or
2) the fraud should have been discovered.
- Do you plan on filing a cause of action for negligence in Broward?
- If you suffered damages in Fort Lauderdale, the statute of limitations has already begun running–the clock started ticking the day the damages occurred.
Have you suffered damages from legal malpractice in Tampa? You may want to learn more about Florida’s “delayed discovery” exception. To read a free online copy of this case opinion and learn more about Florida’s statute of limitations, click here:
http://media.ca11.uscourts.gov/opinions/pub/files/201411959cert.pdf.