South Florida personal injury lawyer

Understanding the Florida Personal Injury Lawsuit Statute of Limitations

December 27, 2022 | by David J. Halberg, Esq.

When it comes to filing a Florida personal injury lawsuit, the “when” sometimes matters just as much as the “what.” That’s because with very few exceptions, there are strict time limits – known as the “statute of limitations” – in which claims can be filed. Florida injury lawsuit statute of limitations

If the events that gave rise to a claim occurred too long ago, we say that the case is “time-barred.” In Florida, time limits on filing a personal injury lawsuit are outlined in F.S. 95.11. The time window for filing a lawsuit may be longer or shorter depending on the:

Type of tort claim. Most Florida personal injury claims (those involving bodily injury resulting from some type of accident) have a 4-year statute of limitations. However, claims for medical malpractice and wrongful death must be filed within 2 years. In some instances, an administrative notice of intent to file a claim might be required much sooner. Florida civil claims for sexual abuse have a 4-year statute of limitations, though the clock doesn’t begin ticking until the last alleged incident of abuse.

South Florida Personal Injury Lawsuit Proof Burdens, Explained

May 12, 2022 | by David J. Halberg, Esq.

The process of pursuing a South Florida personal injury lawsuit can seem convoluted. If your injuries are serious, you really should be working with a dedicated personal injury attorney to help guide you through the steps and ensure you aren’t being taken advantage of by other stakeholders. In any case, having a base knowledge of the legal jargon you’re likely to encounter is important. One phrase you may hear frequently is “burden of proof.” South Florida injury lawyer

What is a Proof Burden?

The burden of proof is, at its core, a responsibility. It refers to the legal requirement that determines the viability of a claim based on the factual evidence produced.

A proof burden is indicative of both production AND persuasion. In other words, it identifies who bears the greater responsibility to produce the evidence, as well as the minimum standard one must meet in order for the court to consider a fact (or set of facts) to be legally proven. The difficulty of one’s proof burden depends on the type of case.

In criminal defense cases, the prosecution must prove their allegations of a defendant’s guilt beyond a reasonable doubt. That is recognized as the most stringent proof burden in the legal system. The judge or jury must be convinced there is no other reasonable explanation that can come from the evidence at trial. The intention is for jurors to be virtually certain of the defendant’s guilt before rendering a guilty verdict.

In South Florida personal injury cases (handled in civil court), the plaintiff, or person who experienced the harm at the hands of the other, bears the proof burden. That means they, rather than prosecutors, must establish the truth of their claims, and they must do so by a preponderance of the evidence standard. This requires that the court find there is a greater than 50 percent chance the plaintiff’s claim is true. In tort matters (like injury lawsuits), prevailing will compel the defendant to pay fair compensation. Continue reading

How Much Time Do I Have to File My South Florida Personal Injury Lawsuit?

February 27, 2021 | by David J. Halberg, Esq.

Almost all legal actions in Florida are subject to a statute of limitations. This is a narrow window of time during which a case must be filed. In civil litigation, victims (not prosecutors) are responsible for pursuing claims. South Florida injury lawyer

There is no law that automatically requires people responsible for causing harm to compensate you for it. However, they (or their insurers) can be compelled to pay with a civil claim or lawsuit. But you don’t have unlimited time to do this. Depending on the circumstances, that narrow window of opportunity may be fast closing.

Even if you think you still have a decent amount of time, your legal team may need every spare moment to investigate and build your case. Doing so could even help avoid a drawn-out legal battle. Often, strong cases settle sooner because insurers and defendants know it isn’t worth a protracted fight. Continue reading