What is the Statute of Limitations for Florida Medical Malpractice Claims? By Tod Aronovitz | 11/16/18 | 0 Comment

malpractice claims

If you or loved ones have suffered because of medical errors, negligence, or misconduct, you may be looking for a malpractice attorney in Miami. You will need to act quickly and call Aronovitz Law because there is a time limit on your right to file a lawsuit: the statute of limitations.

Under Florida law, you have 2 years from when the malpractice occurred, or 2 years from when it was discovered or should have been discovered with “due diligence” to file suit. This period of time cannot exceed 4 years no matter when you discovered the harm, unless there was fraud involved or the injured party was under eight (8) years old.

Even in cases of fraud, the statute of limitations cannot be more than 7 years; if the suit is being filed on behalf of a child under eight (8) years old, it must be filed before the child’s eighth (8th) birthday. Experienced medical malpractice attorneys in Miami at Aronovitz Law can help you determine whether the statute of limitations has expired.

Pursuing a lawsuit is complicated with many steps and deadlines along the way and numerous potential pitfalls that could sink your case. Before you file, you need to determine whether you have a viable case and Aronovitz Law can help you make that determination.

Pursuing a lawsuit requires understanding the Rules of Civil Procedure. You will need to gather, organize, and present your evidence convincingly, and prove that your injury was caused by the defendant’s negligence. The defendant will probably hire a defense lawyer who will be far more knowledgeable about legal tactics than you are; this lawyer will try to cast doubt on your case through discovery and in the courtroom. Most cases are settled out of court, but you are unlikely to receive a fair settlement offer without experienced and knowledgeable representation.

Aronovitz Law has the Miami personal injury attorneys you need to get the best possible compensation.