How long do I have to file a medical malpractice lawsuit?
In Florida, the statute of limitations for filing a medical malpractice lawsuit is two years from the date that the injured person discovered or should have known that the injury happened and knew that it could possibly be related to medical malpractice. In addition, Florida law upholds a statute of repose in which healthcare providers can’t be sued after four years of the incident occurring. There are, however, exceptions for cases involving fraud, hidden information, or misrepresentation.
How much money can I get?
According to Medscape Business of Medicine, nearly 90% of medical malpractice suits are settled outside of court with an average of $425,000 awarded to the victim. Cases that do face litigation are usually awarded $1 million on average from juries.
In Florida, the maximum amount a person can receive for pain and suffering is $1 million. Punitive damages are only awarded if the injured can prove the healthcare provider intentionally caused harm.
How long will my case take to resolve?
The length of time can vary. While we’d like to say you can expect results quickly, the truth of the matter is that it can take months or even years to come to a conclusion in a medical malpractice case. Fortunately, attorney David Brandwein is very experienced. He’ll work as quickly and efficiently as possible in his fight to make your payout worth it.