In Florida, an essential source for limitations is the Florida Statutes, where periods for various types of actions are detailed, and certain limitations rooted in equitable doctrines are modified. Many actions founded on fraud, for instance, along with numerous other actions, should commence within a four-year period. Regardless, when does the clock start running? Typically, not until the cause of action accrues, which comes about when the last element constituting the cause of action occurs. So, for example, in an action founded on negligence, where one of the essential elements relates to damages, the cause of action generally would not accrue prior to the occurrence of damages. However, statutes of repose may apply in certain circumstances, in which case periods may begin to run upon fixed events or circumstances, and when these periods expire, the underlying substantive rights of action are often eliminated. There is a host of special rules, conditions that may permit tolling of time, delayed discovery considerations, and an interplay of other doctrines that complicate the analysis. Seeking representation is critical when these types of questions arise.
Content posted in October of 2019.
