Legal Remedy | Schecter Law, PA Blog

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Which statute of limitations applies to your Florida case?

August 22nd, 2009

By Mark Schecter | 1 Comment »

Previously on this blog, we discussed the basics you should know about Florida’s statute of limitations law.

Today, we’re reviewing the standard SOL period associated with matters that often result in civil litigation.

1. Written and verbal contracts

Some of the most common civil actions arise out of breach of contract claims.

If your business has sustained financial or other damages as a result of a matter involving a written contract, the standard statute of limitations period is 5 years. If the matter involves an oral/verbal contract or agreement, the SOL period is only 4 years.

Slander, libel and/or defamation

I’ve often said, “It takes your whole life to develop your word and your reputation. It takes a second to lose it.”

When it comes to building a business, the last thing you need is for someone to defame or slander you or your business to current or potential customers.

If you’re a victim of slander, libel or defamation, you may have sustained damages to your personal and professional reputations, in addition to substantial monetary damages. To legally recover those damages, you must file a lawsuit in Florida courts within 2 years of the incident.

Fraudulent actions of another

Unfortunately, in this economy incidents of fraud continue to rise. Although you cannot control the actions of another person, you can do your best to protect your own interests.

If you’ve suffered financial, physical or emotional damages due to the fraudulent actions of another person or entity, you have 4 years from the date you were injured to seek legal remedies for your losses.

Professional malpractice

Incidents of professional malpractice are probably more common than you realize.

You only have 2 years to file a lawsuit for losses caused by malpractice. If you fail to sue within the time allowed, you may be unable to recover damages or seek any other legal remedies.

Is your statute of limitations approaching?

It is in your best interests to consult an experienced Florida attorney sooner rather than later to discuss which statute of limitations period applies to your case.

It’s disheartening for anyone to learn they cannot recover the damages they sustained due to the negligence or wrongful conduct of another person or business.

If you believe you (or your business) is a victim of any wrongdoing, contact our Florida attorneys to discuss your legal options.

Tags: breach of contract, defamation, legal remedy, slander, SOL, statute of limitations
Posted in business, contract law | 1 Comment »

What you should know about the statute of limitations

August 11th, 2009

By Mark Schecter | 1 Comment »

If you have been injured financially, you may be entitled to recover damages from the person or business that is at fault. However, a lawsuit must be filed within the time allowed by law if you wish to recover.

The legal time limit that is placed on your pursuit of recovery is referred to as the statute of limitations (or SOL).

If you fail to pursue a civil action before the SOL expires, you can be permanently barred from recovering monetary or other damages.

How long is the statute of limitations period?

The length of the SOL period may vary from state to state. Thus, it is imperative that you are aware of the time you have to pursue an action.

If your loss occurred in Florida, the SOL can range from 2 to 5 years, depending on the type of case you have. Click here to learn more about the SOL for cases involving broken contracts, fraud, professional malpractice, and slander.

Calculating the statute of limitations

Generally, the SOL begins to run from the moment an injury is sustained. However, there are some exceptions to the rule and other factors you must consider.

For starters, it is possible to have more than one cause of action (each with its own SOL period) as a result of one incident. Although you may be unable to recover under one, it is possible you can pursue another.

Also, in some instances a business will shorten the statute of limitations period by adding a clause to a written contract. This is an example of a “legal exception” to the rule that has been upheld by the Florida courts on several occasions.