Posts Tagged ‘SOL’

Are your Claims Barred in Florida?

August 20th, 2010

By Mark Schecter | No Comments »

claims barred in floridaEvery business owner wants to get paid for services performed. Whether you are working with the public or involved in business-to-business relationships, you may have to take legal action for unpaid invoices and broken agreements.

In most instances, you can sue and recover your losses when you lose money at the hands of another person or business.

But here’s the deal… you must file the lawsuit in the time the law allows – the statute of limitations (SOL).

If you fail to commence your action before the SOL period expires, you can be barred from seeking legal remedies permanently. This includes the recovery of monetary and other damages.

The statute of limitations period varies, depending on the type of case you have, where the injury occurred and other factors. It’s in your best interest to know the amount of time you have to file a lawsuit to recover your losses.

Written and verbal contracts

Many civil actions stem from breach of contract issues involving business-to-business transactions. When a written contract is at issue, the SOL period is 5 years. If there is a verbal contract, the time limit is only 4 years.

Slander, defamation and libel

If you are trying to build a business, the last thing you need is for someone to slander you and your company. When your reputation has been damaged due to slander, libel or defamation, you have 2 years from the date of injury to file a suit in Florida against the slanderer.

Fraud

The statute of limitations for a lawsuit arising from fraudulent actions is 4 years.

There are many other factors that affect the SOL period. Contact Florida business attorney sooner rather than later to discuss which SOL period applies to your business matter.

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Posted in South Florida, breach of contract, business | No Comments »

Statute of Limitations in Florida Breach of Contract Cases

July 19th, 2010

By Mark Schecter | No Comments »

Florida statute of limitationsIf you have incurred losses due to a broken contract, you can recover monetary or other damages you sustained. However, there is a legal time limit that is placed on your pursuit of recovery. It’s known as the statute of limitations.

If you fail to file a civil action within the time allowed, you may be permanently barred from seeking legal remedies.

The length of the statute of limitations varies from state to state. It can also be extended when all parties reach a mutual agreement to toll the time period.

In Florida, the statute of limitations can range from 2 to 5 years, depending on the type of civil action you wish to pursue. In breach of contract cases, the time period is 5 years when a written contract is involved. See 95.11(2)(b), Florida Statutes.

In Beck vs. Lazard Freres & Co, LLC, the Florida court barred an action that was filed 8 years after a contract breach occurred.

The action was initiated by Beck, a trustee for Southeast Banking Corporation, against Lazard Freres & Co., an investment firm. Lazard was accused of writing a letter endorsing another banking institution, First Federal Savings and Loan, which later proved to be detrimental to Southeast.

Beck alleged that Lazard breached its contract with Southeast, failed to honor its duty of good faith, and failed to perform services with reasonable care.

Lazard wrote the letter in September of 1988. The purchase was approved by Southeast in December of 1988. However, the suit for breach of contract was filed 8 years later, in December of 1996.

Because Beck wasn’t aware of the breach for years, he believed that the SOL did not begin to run until the breach was brought to his attention, and not when the actual letter was written and delivered.

The Florida court disagreed, and held that:

“Actions for breach of contract are barred five years after the cause of action accrued regardless of whether the plaintiff knew that it had a claim.”

Beck’s lawsuit was dismissed and his claim for breach of contract was barred by Florida’s five year statute of limitations.

If you have been injured due to a breached contract or broken agreement, contact our contract law attorneys before it’s too late. You can use this form to email or call us at (954) 779-7009.

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Posted in South Florida, breach of contract, business | No Comments »

Which Statute of Limitations Applies to your Florida Case?

August 22nd, 2009

By Mark Schecter | 1 Comment »

monthly-calendarLast week we discussed the basics you should know about Florida’s statute of limitations law. Today, we’re going to review the standard statute of limitations associated with specific matters that often result in civil litigation.

1.     Written and verbal contracts

Some of the most common civil actions arise out of breach of contract claims. If your business has sustained financial or other damages as a result of a matter involving a written contract, the standard statute of limitations period is five (5) years. If the matter involves an oral/verbal contract or agreement, the SOL period is only four (4) years.

2.    Slander, libel and/or defamation

I often say, “It takes your whole life to develop your word and your reputation. It takes a second to lose it.”

When it comes to building a business, the last thing you need is for someone to defame or slander you or your business to your current or potential customers. If you’re a victim of slander, libel or defamation, you may have sustained damages to your personal and professional reputations, in addition to substantial monetary damages. In order to legally recover those damages, you must file a civil action in Florida courts within two (2) years of the incident or injury.

3.    Fraudulent actions of another

Unfortunately, in this economy incidents of fraud continue to rise. Although you cannot control the actions of another, you can do your very best to protect your own interests. If you’ve suffered financial, physical or emotional damages due to the fraudulent actions of another person or entity, you have four (4) years from the date you were injured to seek legal remedy for your losses.

4.    Professional and medical malpractice

Because we’re all humans, there is no shortage of injuries arising from professional or medical malpractice. You have only two (2) years to file a civil action seeking recovery for incidents of malpractice. If you fail to file a civil action within the time allotted, assuming there are no other legal exceptions applicable to your situation, you will be unable to recover damages or any other legal remedies.

The statute of limitations period is rarely set in stone and can be contingent on other factors. It is in your best interests to consult an experienced Florida attorney sooner rather than later to discuss which statute of limitations period is applicable to your claim. The most disheartening news for any injured person is to learn they cannot recover from injuries and damages they sustained due to the negligence or wrongful conduct of another person or entity.

So, if you believe you or your business is a victim of any wrongdoing, contact the attorneys of Schecter Law today to discuss which Florida statute of limitations is applicable to your case, and how you should move forward to protect your interests and your right to legal remedies.

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Posted in business, contract law | 1 Comment »

What you Should Know about Florida Statute of Limitations

August 11th, 2009

By Mark Schecter | 1 Comment »

If you’ve been injured physically, emotionally or financially, you may be entitled to recover damages and other civil remedies from the at-fault party or parties. However, in order to recover, your civil action must be commenced within the time frame allowed by law.

The legal time limit placed on your pursuit of recovery is referred to as the statute of limitations (or SOL). If you – the injured party – fail to file a civil action within the SOL allowed, you can be permanently barred from any legal remedies in the matter, including recovery of monetary or other damages.

Length of the Statute of Limitations Period

The length of the statute of limitations period may vary from state to state, so it’s imperative that you’re aware of the legal time limit for the type of claim you’re asserting in your state. If your injury and/or loss occurred in Florida, the statute of limitations period can range from two (2) to five (5) years, depending on the nature of your case and other factors.

When does the Statute of Limitations begin to run?

Generally, the statute of limitations begins to run from the moment an injury is sustained; however, as with most legal theories, there are some exceptions to the rule.

Factors to Consider when Calculating the SOL period

When reviewing the statute of limitations period that’s applicable to your case, there are several factors to consider. For starters, it is possible to have more than one cause of action (each with its own SOL period) as a result of one incident. Although you may be unable to recover under one cause of action, you may be well within the SOL period for another action.

Also, in some instances a business will shorten the statute of limitations period by adding a clause to a written contract with another party. This is just one example of a “legal exception” to the standard statute of limitations period that has been upheld by the Florida courts on more than one occasion.

In our next blog post, we’ll present and discuss a partial list of specific matters that may result in injuries to you or your business, as well as the Florida statute of limitations period associated with each. So, if you haven’t already done so, please subscribe to our blog’s feed so you’ll be notified as soon as we publish future blog posts.

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Posted in business, contract law | 1 Comment »