• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Statute of Limitations

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

krippy2k

Junior Member
What is the name of your state (only U.S. law)? Florida

My wife is being sued for something involving a company that she owned 5 years ago. She was a contractor for the State of Florida, coordinating services for the disabled (she is also disabled, FWIW). In November, 2011 one of her clients got sick due to a mold infestation in their home. Part of my wife's responsibility was to visit the home once every 3 months to check on his environment, but it was very difficult to get in touch with the client to visit, so it had been longer than 3 months since she visited. She is now being sued along with the state agency for negligence.

The complaint specifically states that the plaintiff's health failed in November, 2011, so that would seem to me to constitute the discovery of damages with regards to the statute of limitations. My wife also received a long letter from the plaintiff in December, 2011, claiming that the reason for his injury and damage to his property was because of the mold infestation, and that it was the state's fault for not implementing an adequate visitation policy. Shortly thereafter she received an email from their attorney saying that all communication should go through him. There was no indication that she would be sued at that time. My wife lost her contract with the state a couple months later, and dissolved the business (LLC).

The lawsuit was filed against the state agency in July of 2015, but my wife and her company were not added to the lawsuit until August, 2016, after the agency claimed that it wasn't their responsibility, because my wife was not a state employee.

It would seem to me that the statute of limitations should be reason for dismissal of this case, since they clearly knew about the damage and the reason for the damage well before August, 2012, which would have been 4 years before she was brought into the case. We know it's really an attempted money grab orchestrated by the family of the plaintiff, as my wife saw the plaintiff shortly after his "health failure" and he seemed fine, and the family had been trying to find shady ways to get money from the state since they first started services, and that we have a strong case if it goes to trial, but would prefer to just get it over with as quickly as possible.

Is there anything else that would cause the statue of limitations to be extended? Would further medical issues suffered after the initial discovery extend the statute of limitations, even though they already had a lawyer involved? Or would the "relation back doctrine" apply because she was a contractor for the original party to the suit? Or is there an extension for disabled people in civil cases in Florida, as there is in criminal cases?


Thanks!
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Florida

My wife is being sued for something involving a company that she owned 5 years ago. She was a contractor for the State of Florida, coordinating services for the disabled (she is also disabled, FWIW). In November, 2011 one of her clients got sick due to a mold infestation in their home. Part of my wife's responsibility was to visit the home once every 3 months to check on his environment, but it was very difficult to get in touch with the client to visit, so it had been longer than 3 months since she visited. She is now being sued along with the state agency for negligence.

The complaint specifically states that the plaintiff's health failed in November, 2011, so that would seem to me to constitute the discovery of damages with regards to the statute of limitations. My wife also received a long letter from the plaintiff in December, 2011, claiming that the reason for his injury and damage to his property was because of the mold infestation, and that it was the state's fault for not implementing an adequate visitation policy. Shortly thereafter she received an email from their attorney saying that all communication should go through him. There was no indication that she would be sued at that time. My wife lost her contract with the state a couple months later, and dissolved the business (LLC).

The lawsuit was filed against the state agency in July of 2015, but my wife and her company were not added to the lawsuit until August, 2016, after the agency claimed that it wasn't their responsibility, because my wife was not a state employee.

It would seem to me that the statute of limitations should be reason for dismissal of this case, since they clearly knew about the damage and the reason for the damage well before August, 2012, which would have been 4 years before she was brought into the case. We know it's really an attempted money grab orchestrated by the family of the plaintiff, as my wife saw the plaintiff shortly after his "health failure" and he seemed fine, and the family had been trying to find shady ways to get money from the state since they first started services, and that we have a strong case if it goes to trial, but would prefer to just get it over with as quickly as possible.

Is there anything else that would cause the statue of limitations to be extended? Would further medical issues suffered after the initial discovery extend the statute of limitations, even though they already had a lawyer involved? Or would the "relation back doctrine" apply because she was a contractor for the original party to the suit? Or is there an extension for disabled people in civil cases in Florida, as there is in criminal cases?


Thanks!
I know it may be hard, but your wife really needs an attorney. Even if you are correct and the statute of limitations has passed an attorney will make that point far better than you will.
 

krippy2k

Junior Member
I know it may be hard, but your wife really needs an attorney. Even if you are correct and the statute of limitations has passed an attorney will make that point far better than you will.
Sorry I probably should have mentioned that we are in the process of retaining an attorney. We weren't planning on trying to handle it ourselves, though I have done a lot of research for my own information. We just haven't had much luck getting the attorney to render an opinion on what the chances are of getting it dismissed and my wife is stressing out about it, so I was just looking for opinions from somebody not worried that I will hold it against them :) If it's outside of the scope of this forum, I apologize.
 

adjusterjack

Senior Member
From the date your wife was served the lawsuit she has maybe 20 or 30 days to file an answer.

There is no "in the process of getting an attorney." You either plunk your money down on an attorney's desk and get him started or you don't.

I don't know why people think lawsuits get dismissed just for the asking, they don't. Your wife will have to file her answer, go through the discovery process and probably go to trial before this is over.

Sorry to have to put it to you that way but if all you are doing is calling attorneys to try to get an opinion on the phone about dismissal, you risk allowing a default judgment against your wife.

Make an appointment with a defense attorney, bring the lawsuit and your check book to his office and hire him.
 

krippy2k

Junior Member
From the date your wife was served the lawsuit she has maybe 20 or 30 days to file an answer.

There is no "in the process of getting an attorney." You either plunk your money down on an attorney's desk and get him started or you don't.

I don't know why people think lawsuits get dismissed just for the asking, they don't. Your wife will have to file her answer, go through the discovery process and probably go to trial before this is over.

Sorry to have to put it to you that way but if all you are doing is calling attorneys to try to get an opinion on the phone about dismissal, you risk allowing a default judgment against your wife.

Make an appointment with a defense attorney, bring the lawsuit and your check book to his office and hire him.
I'm not sure what it was about my posts that made it seem like I am an idiot, or a freeloader looking to waste people's time. We have an attorney that we began talking to the day after being served, and my wife is delivering the signed agreement along with his retainer in the morning. Hence, "in the process of retaining an attorney." I just haven't had all of my questions answered by him, partly because I am working during his office hours and I had to send my questions through my wife who is not particularly assertive. So I turned to the Internet, which has somewhat more convenient hours for me, to try to fill in some gaps :)

I was hoping that after taking the time to outline the scenario and ask my questions on the "free advice" forum that I would be offered the courtesy of having my actual questions about the statute of limitations addressed, rather than just being told to hire an attorney and condescended to. That's not how we treat people with questions in my profession. In any case, I found that there is a law forum on StackExchange, so I think I will try my luck there. I should have looked there first.

Cheers
 

quincy

Senior Member
... We have an attorney that we began talking to the day after being served, and my wife is delivering the signed agreement along with his retainer in the morning ... I just haven't had all of my questions answered by him, partly because I am working during his office hours and I had to send my questions through my wife who is not particularly assertive. So I turned to the Internet, which has somewhat more convenient hours for me, to try to fill in some gaps ...
Your mistake has been in thinking that any good attorney is going to give you answers to your questions before the attorney has had a chance to review all facts. And few good attorneys will review all facts before being retained. Once your wife becomes the attorney's client, the attorney will provide the information requested and assist your wife in filing the necessary response papers.

As to convenient hours: Attorneys have email addresses and accept emailed questions from their clients. Once your wife delivers the signed agreement with retainer to the attorney, the attorney can respond to your wife's questions by email. He will not respond to your questions because you are not the client.

To emphasize: This is your wife's legal issue, not yours. She is the one named in the suit.

I was hoping that after taking the time to outline the scenario and ask my questions on the "free advice" forum that I would be offered the courtesy of having my actual questions about the statute of limitations addressed, rather than just being told to hire an attorney ...
Some questions can be answered simply on a forum. Others cannot. The statute of limitations question you ask about for your wife's case needs a review of the court filings and the particulars to better determine if the case that names your wife as defendant can be dismissed on SOL grounds. We cannot do personal reviews on this forum.

... In any case, I found that there is a law forum on StackExchange, so I think I will try my luck there ...
Your wife should not rely on answers provided on any legal forum unless the responses to your questions are to have your wife seek out legal assistance from an attorney in her area. A forum does not have access to the facts necessary. Her attorney does. She should rely on her attorney and not on what you might discover on the internet in researching the matter for her.

Cheers.
 
Last edited:

latigo

Senior Member
Your mistake has been in thinking that any good attorney is going to give you answers to your questions before the attorney has had a chance to review all facts. And few good attorneys will review all facts before being retained. Once your wife becomes the attorney's client, the attorney will provide the information requested and assist your wife in filing the necessary response papers.

As to convenient hours: Attorneys have email addresses and accept emailed questions from their clients. Once your wife delivers the signed agreement with retainer to the attorney, the attorney can respond to your wife's questions by email. He will not respond to your questions because you are not the client.

To emphasize: This is your wife's legal issue, not yours. She is the one named in the suit.



Some questions can be answered simply on a forum. Others cannot. The statute of limitations question you ask about for your wife's case needs a review of the court filings and the particulars to better determine if the case that names your wife as defendant can be dismissed on SOL grounds. We cannot do personal reviews on this forum.



Your wife should not rely on answers provided on any legal forum unless the responses to your questions are to have your wife seek out legal assistance from an attorney in her area. A forum does not have access to the facts necessary. Her attorney does. She should rely on her attorney and not on what you might discover on the internet in researching the matter for her.

Cheers.
Splendid professional explanation, Q.

And let's not overlook the fact that this temperamental, insistent model of perfection first announced that "we" are in the process of hiring trial counsel WHEREAS 3 hours and 18 minutes later advises that such counsel had already been engaged; to-wit: immediately following service of process upon defendant wife!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top