Viñas DeLuca Law Blog

Our firm would be happy to discuss this question with you. While not all injuries give rise to a legal claim, many do where the injury or loss was caused in part by another’s negligence. To know whether you have a case, you should always consult a legal professional. Our attorneys are here to help and we invite you to contact us anytime for a free case evaluation. One of our attorneys will be happy to speak with you.

After being involved in a car or automobile accident it is important to speak to an attorney to understand your rights, preserve evidence in the form of pictures, obtain video footage from cameras recording the area of the accident, contact witnesses and obtain statements, and to contact the appropriate insurance companies to notify them of your claim.

When the needs of an aging or infirm relative begin to require skilled care, many understandably turn to Florida nursing homes and related healthcare facilities for help. Trusting strangers to care for your loved one is never easy – especially given the growing concern over resident safety at Florida nursing homes which has come under scrutiny in recent years.

There are several laws that govern medical negligence cases exclusively, making medical malpractices cases far different than ordinary negligence cases. Here are just a few.

Statue of Limitations. First, the statute of limitations governing medical malpractice cases is different than the statute of limitations for other negligence actions. This is a critical distinction as claims and lawsuits could be barred by law if not brought within the applicable statute of limitations. Generally speaking, the statute of limitations in Florida for ordinary negligence claims is four (4) years while the statute of limitations for Florida medical malpractice claims is two (2) years.

Data supporting caps on Florida Medical Malpractice Wrongful Death Cases “is most questionable” according the Florida Supreme Court in the case of Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014).