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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
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Re sec. 95.05(2) FL Stat. --- 1) Whether cause of action

Customer Question

Re sec. 95.05(2) FL Stat. --- 1) Whether cause of action accrued and if so, when 2) whether a statutory tollling provision applies. I'm planning on filing a wrongful death/negligence case in FL - Stat of Lim for Med. Malp has passed - would this Stat help to toll the Stat?
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 10 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

1. The cause of action accrues either when the injury occurs, or when a person knew or reasonably should have known about the injury. With something like medical malpractice, you don't always know the doctor made a mistake right away, so that can give you more time. The case still has to be filed within four years under Fl. Stat., Section 95.11(4)(b).

2. If one of those provisions applies to your situation, yes, it may be possible to toll the statute of limitations. The statute is Fl. Stat., Section 95.051. If the other party raises statute of limitations as a defense, then you have the burden of proving which one of those exceptions should allow you to extend the statute.

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