What is the 75-Day Pre-Suit Rule in Florida Nursing Home Abuse Cases?
If your loved one has suffered from abuse or neglect in a nursing home, you may be able to file a claim against the facility. If you are successful with your claim, your loved one can recover compensation for their medical expenses, pain and suffering, and other losses. To be successful with your claim, you must follow many procedural rules. One of these in Florida is the 75-day pre-suit rule. Failing to understand this rule, or comply with it, can hurt your case before it even really gets started. Our Tampa nursing home abuse lawyers explain in greater detail below.
Understanding the 75-Day Pre-Suit Rule
State law in Florida requires you to send formal notice to the facility before filing a lawsuit. After sending the notice, you cannot file a lawsuit for 75 days. During this time, the nursing home and their insurance company will evaluate your claim. Informal discovery can begin, which involves both sides exchanging information and analyzing the evidence that will be presented.
When your loved one is suffering from abuse or neglect, the thought of waiting 75 days to take legal action can seem impossible. However, this time period is very important and even the smallest misstep can greatly hurt your claim.
What Should the Notice Include?
The pre-suit notice must specify your notice of intent to file a lawsuit against the facility. You must also specifically outline what rights of your loved one were violated, or how the facility or a staff member breached their duty of care. You should also include a summary of the injuries your loved one suffered. You must also send a notice to each defendant. For example, if a negligent staff member caused your loved one harm, you may file a lawsuit against the individual staff member and the facility. You would have to send a pre-suit notice to each party.
You must also send the pre-suit notice by certified mail with a return receipt requested.
What Happens After the Pre-Suit Notice is Sent?
Informal discovery can start as soon as the pre-suit notice is received. During the 75 days, both sides can request unsworn statements and documents and these must be produced within 20 days.
The nursing home facility must respond to the 75-day pre-suit notice within 75 days of receiving it. The response must either make a settlement offer, reject the claim, or offer to negotiate compensation. If a facility does not respond, it is treated as a rejection.
Our Nursing Home Abuse Lawyers in Tampa Can Advise On Your Case
When filing a lawsuit there are many procedural rules to follow and if they are not, it can significantly harm your case. At Kohn Law, our Tampa nursing home abuse lawyers can ensure that you meet all deadlines and guide you through the process so you and your family obtain the best possible outcome. Call us now at 813-428-8504 or chat with us online to schedule a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
