Why is it important to know when the cause of action arose in your Florida civil case?
When does a cause of action accrue in a Florida probate matter? Why should you know the answer to this? Probate lawyers know that certain Florida statutes may have been amended at some point. Therefore, different versions of a statute may exist. Which version applies to your Florida case? The applicable version of a statute is ordinarily the one “in effect when the cause of action arose.” This is why it is so important to understand when the cause of action in your particular case accrued. For example, a recent Fourth DCA opinion, Philip Morris USA Inc & R.J Reynolds Tobacco Company v. Stanley Martin & Estate of Carole Martin, involves a dispute over which version of Florida statute 768.73 should be applied. In wrongful death actions like this one, the cause of action accrues on the date of the decedent’s death. To read the entire case, click here.