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Tag: statute-of-limitations

  • Car Insurance Coverage in Multi-Car Accidents

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    – Multi-car accidents can be challenging to settle because liability issues must be thoroughly reviewed. – It is recommended to hire an experienced motor vehicle accident attorney if involved in a multi-car accident to navigate the claims process. – Multi-car accidents can occur due to chain reactions or vehicles being too close to each other…

  • Can Florida’s Fraudulent Transfer Claims be Put on Hold?

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    – The Second District Court of Appeal held that equitable tolling does not apply to actual fraud under Florida’s Uniform Fraudulent Transfer Act (FUFTA). – The court interpreted Fla. Stat. § 726.110 as a statute of repose, not a statute of limitations, which is critical to the outcome of many actual fraudulent transfers. – The…

  • Time Limits for Construction Design Mistakes in Florida

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    – Design professionals such as architects and engineers in Florida may face malpractice claims arising from their professional services, which are subject to a two-year statute of limitations. – In addition to professional malpractice claims, design professionals may also face causes of action arising from services rendered in the design or planning of construction projects,…

  • What to Do After Filing Your Tax Return

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    – Taxpayers can dispose of most tax records related to returns for 2018 and earlier years, as the statute of limitations for IRS audits generally extends up to three years after the return filing date. However, for taxpayers understating their gross income by more than 25%, the statute of limitations extends to six years. –…

  • Filing a Lawsuit for Personal Injury

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    – The statute of limitations to file a personal injury claim in Florida is four years, but it is three years if the claim is against a government entity, and/or two years in medical malpractice matter from the date the person knew or should have known that their injuries were the result of a third…

  • When is a Department of Revenue Assessment not really an Assessment?

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    – The Department of Revenue issues a Notice of Proposed Assessment after completing a tax audit in Florida – The Notice of Proposed Assessment becomes a “final assessment” within 60 days if not challenged by the taxpayer – Verizon took the position that the NOPA did not constitute an assessment for statute of limitation purposes…

  • Resolving Business Disputes: SGR Law Experts Can Help

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    – The American litigation process is different from systems in other industrialized nations. – There are two principal court systems in the United States: the courts of the individual states and the federal courts of the United States. – The state court system in Georgia is comprised of two courts of general jurisdiction handling most…

  • “Changes to Florida Medical Laws to Protect Patients: What You Need to Know”

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    – HB 837 replaces Florida’s pure comparative fault system with a modified comparative fault system. – Under the new system, claimants found to be at least 51% liable for an incident cannot seek reparation from the other party. Uniformity in Proving Damages for Medical Expenses – The legislation establishes a uniform evidentiary threshold for proving…

  • Changes to Laws Impacting Construction Lawsuits in Florida

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    – Florida SB 360 was signed into law by Governor Ron DeSantis on April 13, 2023. – The new law shortens the statute-of-repose period for commencing an action based on the design, planning, or construction of improvements to real property. – The amendments to the statute of limitations and statute of repose set forth in…

  • Making a Claim for a Pedestrian Injury: Time Limits in Florida

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    – Pedestrian is at fault for the accident if crossing at a crosswalk when “DO NOT WALK” sign is on. – Pedestrian is at fault for the accident if entering the street while under the influence of drugs, alcohol, or other intoxicants. – Pedestrians walking in prohibited areas can still potentially claim compensation for injuries…

  • “Protecting Shareholders’ Rights in Florida”

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    1. Shareholders in Florida must make a demand on the corporation’s board of directors before filing a derivative lawsuit. If the demand is rejected, the lawsuit can proceed. 2. The business judgment rule in Florida presumes that corporate officers and directors act in the best interests of the corporation, even if their decisions result in…

  • FAQs about Defending Your Medical License in Florida

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    – Healthcare professionals regulated by the Florida Department of Health should promptly respond to any letters received regarding an investigation, as there may be a deadline for response. – Ignoring the letter or not providing a timely and adequate response can lead to sanctions, including the filing of a formal Administrative Complaint. – It is…

  • New Law Protects Health Care Providers from COVID-19 Lawsuits in Florida

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    – Florida’s CS/SB 72 law provides liability protections for health care providers against COVID-19-related claims. – Complaints alleging claims must be specific and detailed, or they will be dismissed. – Plaintiffs must prove gross negligence or intentional misconduct to make a claim against health care providers. – Health care providers have affirmative defenses that can…