Are there any special considerations in filing a spinal injury lawsuit?

When filing a spinal injury lawsuit in Florida, there are certain legal considerations that must be taken into account. These considerations will vary depending on the specific circumstances of the case and the particular facts of the injury, but there are some general rules that apply. First and foremost, it is important to be aware of the statute of limitations in Florida. This is the amount of time a plaintiff has to file a lawsuit following their injury. The statute of limitations for a spinal injury lawsuit is four years from the time of the injury or from when the injury was discovered. Any claims that are brought after this four-year period will likely be barred from recovery. It is also important to understand the duty to inform. This is the responsibility of the plaintiff to timely inform those responsible for their injury of their potential legal action. Florida also has a specific statute of repose, which is a limitation placed upon how long someone can wait before filing a lawsuit. This statute of repose is subject to change, so it is important to consult a Florida attorney who can provide the most up to date rules and regulations. Finally, any claims for medical malpractice must be filed through the Florida Department of Health. This is because medical malpractice statutes in Florida require a person to obtain a Certificate of Merit to show that a qualified health care professional reviewed the claim and found that it has merit. This certification must be obtained within two years of the date of diagnosis or the date of the alleged malpractice. In summary, filing a spinal injury lawsuit in Florida requires special considerations. It is important to be aware of the statute of limitations, the duty to inform, and the requirement for a Certificate of Merit if a person is filing a medical malpractice claim. Consulting with a Florida attorney can help ensure a person is taking the right steps with their spinal injury lawsuit.

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