Florida law allows anyone who suffers a personal injury as a result of someone else’s careless actions to file a civil lawsuit to pursue compensation for their damages. However, there are specific rules that injured individuals or their families must follow in order to successfully bring a claim. One of the most important procedural rules involves adhering to the state’s statute of limitations for filing a legal complaint.
Because birth injuries are complex and involve minors, the statute of limitations is somewhat different than other personal injury cases. To be sure your case filing is within the Florida birth injury statute of limitations, you should hire an experienced attorney to help you meet this important legal deadline.
What is the Birth Injury Statute of Limitations in Florida?
Florida Revised Statutes §95.11 states that a medical malpractice case must be filed within two years of the date of a doctor’s error. However, while some birth injuries are apparent immediately after a baby is born, others might not be obvious until later in life.
This could prevent many birth injury plaintiffs and their parents from seeking justice for injuries they were not aware of at the time of birth. Fortunately, this statue affords claimants two years to file a suit from the day they discover the injury or should have reasonably discovered it. Although, this extension typically does not extend more than four years from the date of the alleged malpractice.
Children with birth juries who were born after July 1, 1996 may be able to rely on Tony’s Bill for receiving compensation. Under this law, parents have until their child turns eight to file a lawsuit against a negligent medical care provider. It is important to note that if the injury is or could have reasonably been discovered prior to the child’s eighth birthday, this law may not apply.
The Purpose of Legal Deadlines
There are several reasons why legal time-frames apply to civil injury claims. The statute of limitations for birth injuries in Florida ensures that lawsuits are managed in a timely manner. If a prospective plaintiff wants to file a civil claim, they should pursue it as soon as possible to avoid missing out on compensation.
Additionally, a legal deadline promotes the collection of evidence which may otherwise be lost or destroyed over time. The statute of limitations also helps prevent lawsuits being filed for harassment or retaliation purposes.
Ask an Attorney about the Florida Birth Injury Statute of Limitations
If you do not adhere to the Florida birth injury statute of limitations, your case could be dismissed by a judge, and you may be barred from receiving any compensation whatsoever.
By contacting an attorney as soon as possible after you know that your child suffered a birth injury, you could help promote your case’s success. Your legal representative could help you understand how the statute of limitations applies to your specific circumstances and help you file accordingly. Call today to schedule your case consultation.
Speak to a member of our team today.