What Is The Statute Of Limitations In A Florida Legal Malpractice Case
Introduction
Welcome to Baytowne Reporting, your go-to source for reliable information on various legal topics. In this article, we will discuss the statute of limitations in a Florida legal malpractice case. Understanding the statute of limitations is crucial when seeking legal remedies for professional negligence.
What is a Statute of Limitations?
Before delving into the specifics of the statute of limitations in a Florida legal malpractice case, let's first understand what a statute of limitations is. A statute of limitations is a time limit within which a party must file a lawsuit, failing which their claim may be barred forever. Each state, including Florida, has its own statute of limitations for different types of legal actions.
The Statute of Limitations in Florida for Legal Malpractice
In Florida, the statute of limitations for legal malpractice cases is generally four years from the date the negligence occurred or two years from the date the negligence should have reasonably been discovered, whichever comes later. It is important to note that these time limits may vary depending on the circumstances of the case. Consultation with an experienced attorney is recommended to determine the precise time within which you must file your claim.
Exceptions and Tolling of the Statute of Limitations
While the general rule is that the statute of limitations for legal malpractice in Florida is four years, there are certain exceptions and circumstances that may extend or toll the time limit. Some of these exceptions include:
- Delayed discovery of the negligence: If the negligence was not reasonably discoverable at the time it occurred, the statute of limitations may begin once the negligence becomes known or should have been known.
- Fraud or intentional concealment: If the negligent attorney intentionally conceals information or engages in fraudulent conduct related to the malpractice, the statute of limitations may be tolled until the fraud or concealment is discovered.
- Minority or incapacity: If the injured party is a minor or has a legal incapacity at the time of the negligence, the statute of limitations may be tolled until the disability is removed.
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DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney for professional guidance on your specific case.
