If you have been injured as a result of medical malpractice, it is important to understand the Florida medical malpractice statute of limitations. The statute of limitations sets forth a specific time frame in which you must file a medical malpractice claim. If you do not file your claim within the specified timeframe, you may lose your right to recover damages for your injuries. The Michles & Booth team is here to discuss how long a person may have to file a medical malpractice claim in Florida.
How Long do I Have to File?
In the state of Florida, a medical malpractice claim must be filed within two years of the discovery of the misdiagnosis or injury or at least four years from the date of the malpractice. If you discovered the injury from surgery four years ago this year, you’re still eligible to file a claim.
It’s essential to note that extensions are rare when it comes to filing a medical malpractice claim. But if a medical provider deceives you enough to the point where do did not discover the negligence until years down the road, you have an extension. You can file two years from when the injury was discovered or seven years from when the incident happened.
Is There a Cap on Medical Malpractice Damages?
Depending on the damages, you may have a cap when it comes to receiving compensation. When it comes to non-economic damages, like pain and suffering, there is a $500,000 cap. For non-economic damages involving death or vegetative state, the cap is $1,000,000. You can find more information on the statute here.
Florida Medical Malpractice Attorneys
If you or a loved one has been the victim of medical malpractice, you may be feeling overwhelmed and unsure of where to turn. You may be wondering if you have a case, and if so, how to go about filing a claim. Our team of experienced medical malpractice lawyers can help.
We will review your case and help you determine the best course of action. If we believe you have a strong case, we will work tirelessly to get you the compensation you deserve. We understand how difficult this time may be for you, and we will do everything we can to make the process as smooth and stress-free as possible. Contact us today for a free consultation.
Reach us at (800) 848-6168 or via consultation request form on our Contact Us page.