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. 

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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

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

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