Florida Statute of Limitations

If you live in Florida and are considering filing a lawsuit as the family of a victim who died from an accidental fatality – you should read this page and contact a lawyer in Florida. Do not dwell to long before contacting a lawyer and filing an accidental fatality injury because there are statutes of limitation laws and you need to act quickly and prudently. 

Here are caps or restrictions on Florida damage awards:
Medical malpractice-Noneconomic damages are limited to $500,000.00 per claimant in most cases, or $1 million in cases in which the plaintiff dies or is left in a persistent vegetative state. Total noneconomic damages may not exceed $1 million. Punitive damages are limited to the lesser of three times compensatory damages or $500,000.00. Punitive damages are not capped if there is intent to harm.

Product Liability-Damages; limitation  (same as Pharmaceutical cases)

(1)(a) Except as provided in paragraphs (b) and (c), an award of punitive damages may not exceed the greater of:

1. Three times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or
2. The sum of $500,000.

(b) Where the fact finder determines that the wrongful conduct proven under this section was motivated solely by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, was actually known by the managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant, it may award an amount of punitive damages not to exceed the greater of:

1. Four times the amount of compensatory damages awarded to each claimant entitled thereto, consistent with the remaining provisions of this section; or
2. The sum of $2 million.

(c) Where the fact finder determines that at the time of injury the defendant had a specific intent to harm the claimant and determines that the defendant's conduct did in fact harm the claimant, there shall be no cap on.

Punitive damages
(d) This subsection is not intended to prohibit an appropriate court from exercising its jurisdiction under s. 768.74 in determining the reasonableness of an award of punitive damages that is less than three times the amount of compensatory damages.

Caps on Attorney Fees in Florida: Limits attorney fees in malpractice lawsuits to 30% of first $250,000; 10% of any award over $250,000.

Statutes of Limitations for Minors – (minors tolling)
Except in cases of medical malpractice or wrongful death, most negligence actions for injuries sustained by a minor must be brought within four years of the date of the injury. There are, however, special limited exceptions to this general rule.
Statute of Limitations for Negligence – 2 years
Statute of Limitations for Medical Malpractice – 2 yrs from date of injury or from date when malpractice should have been discovered
Statute of Limitations for Product Liability – 4 years after injury
Statute of Limitations for Wrongful Death – 2 years after date of dead
Statute of Limitations for Survival – 2 years

Resource – Florida Local Trial Lawyer Association
The Florida Justice Association
218 South Monroe Street
Tallahassee, Florida 32301
850.224.9403

Please fill out the form below to see if you have a wrongful death case.

* Required Fields. * Click on the Disclaimer, below, for Terms PERSONAL INFORMATION
First Name:
Last Name:
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Address:
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INCIDENT INFORMATION
Date of Accident:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Date of Death:	January February March April May June July August September October November December 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 1949 1948 1947 1946 1945 1944 1943 1942 1941 1940 1939 1938 1937 1936 1935 1934 1933 1932 1931 1930 1929 1928 1927 1926 1925 1924 1923 1922 1921 1920 1919 1918 1917 1916 1915 1914 1913 1912 1911 1910 1909 1908 1907 1906 1905 1904 1903 1902
Name of Deceased:
Location of Accident:	-Please Select- Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming
Please describe what happened (cause of accident):
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