Month: September 2025

What Are You Gonna Do When the Statute of Limitations Runs Out on You in Florida?

Posted by CSG Firm on

When it comes to legal rights in Florida, time is not on your side. If you wait too long to bring a claim, the law may bar you from ever having your case heard. This legal deadline is known as the statute of limitations—and once it expires, so does your right to pursue justice in court.

Understanding Florida’s statute of limitations is critical for protecting your claims, whether you are dealing with a personal injury, contract dispute, property matter, or another legal issue.

What Is the Statute of Limitations?

The statute of limitations sets a strict deadline for filing a lawsuit. Florida law recognizes the need for fairness and certainty: evidence can be lost, memories can fade, and witnesses may disappear over time. These deadlines ensure that legal disputes are resolved within a reasonable period.

If you miss the deadline, even by a single day, courts will usually dismiss your case, regardless of its merit.

To loosely paraphrase the Wrestling Icon Hulk Hogan regarding when that deadline runs out on you: “Whatcha gonna do, brother, when the statute of limitations runs wild on you?”

Florida’s Statutes of Limitations: Key Examples

Florida law provides different limitation periods depending on the type of legal claim. Some of the most common include:

  • Personal Injury (Negligence): 2 years (e.g., car accidents, slip and falls).
  • Medical Malpractice: 2 years from the date that the incident giving rise to the malpractice claim occurred, or when the incident was discovered or should have been discovered, but never more than 4 years from the act itself (with narrow exceptions).
  • Wrongful Death: 2 years.
  • Breach of Written Contract: 5 years.
  • Breach of Oral Contract: 4 years.
  • Property Damage: 4 years; however, there may be a 2-year window for such claims arising from a motor vehicle accident that occurred after March 24, 2023.
  • Fraud: 4 years.
  • Debt Collection (Written Instrument): 5 years.

These are only general guidelines. Certain circumstances—such as a defendant leaving the state, a plaintiff being a minor, or cases involving concealment of wrongdoing—may “toll” (pause) the statute of limitations. Always verify the specific type of claim and the date it occurred, as different rules can apply.

Why It Matters to Act Quickly

Waiting too long to investigate or pursue a claim can be devastating. Once the statute of limitations has expired:

  • Your case is barred. Courts will dismiss it, no matter how strong the facts.
  • You lose leverage. Insurance companies and opposing parties know when the deadline has passed and will refuse to negotiate.
  • Evidence weakens. Even before the deadline, delays can make it harder to gather the proof you need.

Protecting Your Rights in Florida

The smartest approach is to speak with an attorney as soon as you suspect you have a claim. An experienced Florida lawyer can:

  • Determine which statute of limitations applies.
  • Identify any exceptions or tolling provisions that may extend your time.
  • File the necessary paperwork before the deadline runs out.

Bottom Line

If you’re wondering, “What are you gonna do when the statute of limitations runs out on you?”—the answer is simple: you may lose your case entirely.

In Florida, deadlines matter. Don’t let the clock run out on your rights. If you think you have a legal claim, consult with a qualified attorney immediately to ensure your case is preserved and your rights are protected.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Confidentiality and Disclosure of Medical Records in Florida

Posted by CSG Firm on

Protecting the privacy of medical records is a cornerstone of healthcare law in Florida. Patients trust providers with their most sensitive information, and providers must balance that trust with legal obligations to disclose records in certain circumstances. Florida law, together with federal HIPAA regulations, sets out clear rules, rights, and penalties to protect both patients and healthcare professionals.

Confidentiality of Medical Records in Florida

Medical record confidentiality in Florida is primarily governed by Florida Statutes §456.057, along with federal HIPAA (Health Insurance Portability and Accountability Act) regulations. Healthcare providers must:

  • Securely maintain patient records (including electronic health records).
  • Limit disclosures to situations authorized by the patient or allowed under law.
  • Follow both state and federal privacy safeguards to prevent unauthorized access.

The Florida Department of Health oversees compliance, and providers who fail to maintain adequate safeguards risk both state and federal enforcement. Complaints can be filed with the Department of Health as well as through the Florida Board of Medicine websites. Additional agencies to seek assistance and/or file complaints include U.S. Department of Health and Human Services and Florida Agency for Health Care Administration.

Exceptions to Confidentiality

While confidentiality is the rule, Florida law recognizes several important exceptions. Under §456.057(7), Fla. Stat., records may be disclosed without patient consent in limited situations, including:

  • Court Orders: Judges can compel disclosure when records are needed in litigation.
  • Public Health Concerns: Providers may release records to public health authorities for disease control and prevention.
  • Mandatory Reporting: Records must be shared when reporting suspected abuse, neglect, or exploitation of children, the elderly, or vulnerable adults.

These exceptions strike a balance between protecting privacy and serving broader public and legal interests.

Penalties for Breach of Confidentiality

Violating medical record confidentiality in Florida carries serious consequences:

  • Civil Penalties: Breaches may result in fines and civil lawsuits by affected patients.
  • Criminal Penalties: Severe violations, such as those involving fraud or identity theft, can result in misdemeanor or felony charges, with potential jail time.
  • Professional Discipline: The Florida Board of Medicine may impose fines, require retraining, suspend, or even revoke a provider’s license.

Federal HIPAA penalties may apply in addition to state consequences, creating significant financial and professional risks for noncompliance.

Legal Protections and Defenses for Providers

Florida law recognizes that providers sometimes must disclose records. Key protections include:

  • Good Faith Compliance: Providers who disclose records in response to lawful requests, such as subpoenas or mandatory reports, are generally protected.
  • Sovereign Immunity: State-employed providers may be shielded from personal liability under §768.28, Fla. Stat., so long as they acted within the scope of their duties and without malice.

Patient Rights in Florida

Patients in Florida enjoy strong rights of access and control over their medical records:

  • Access: Patients may request copies of their records, and providers must respond within a reasonable time (typically within 30 days). Reasonable reproduction fees may apply but are capped by law.
  • Corrections: Patients may request amendments if records are inaccurate. Providers must either correct the records or provide a written explanation for denial.

These rights help ensure that patients remain informed and empowered in managing their healthcare.

Oversight by the Florida Board of Medicine

The Florida Board of Medicine enforces compliance with medical record laws. It reviews complaints, investigates breaches, and disciplines providers when necessary. Disciplinary measures range from fines to license suspension or revocation, depending on the severity of the violation.

Conclusion

Medical record confidentiality is not just a matter of trust—it is a legal requirement in Florida. While patients benefit from strong privacy protections and access rights, providers must remain vigilant in safeguarding records and understanding the exceptions.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have any additional Questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.

Estate Planning for Blended Families in Florida: Key Considerations and Strategies

Posted by CSG Firm on

Blended families are now a common part of modern life in Florida. When spouses bring children from prior relationships into a new marriage, estate planning often becomes more complex. Each spouse may have different goals for providing for their current partner, biological children, and stepchildren. Without clear and legally enforceable instructions, disputes between surviving spouses, children, and stepchildren can easily arise.

Why Blended Families Face Unique Estate Planning Challenges

Historically, blended families were less common, but today millions of children nationwide live in homes with remarried parents and stepsiblings. While blended families often function like traditional ones, Florida law does not automatically provide the same protections for stepchildren or children from prior relationships. A carefully structured estate plan is critical to ensure everyone is provided for fairly and to avoid costly, time-consuming disputes.

A blended family exists when one or both spouses have children from a prior relationship. Even if couples have already discussed their wishes informally, estate planning documents are necessary to ensure those wishes are honored.

Risks of Relying on a Simple Will in Florida

A Last Will & Testament can prevent the uncertainties of intestacy (Florida’s default inheritance laws). However, leaving everything outright to a surviving spouse could unintentionally disinherit children from a prior relationship. For example, if the surviving spouse later changes their own estate plan—or passes away without one—those stepchildren may receive nothing.

Last Wills in Florida must also go through probate, a court-supervised process that can be lengthy and costly. Probate often increases the potential for family conflict, especially in blended family situations.

Key Florida Estate Planning Tools for Blended Families

1. Beneficiary Designations

Certain accounts, such as life insurance policies, retirement accounts, and payable-on-death bank accounts, transfer directly to named beneficiaries without probate. Reviewing and updating beneficiary designations regularly is essential in blended families to ensure they align with current wishes.

2. Powers of Attorney and Healthcare Planning

Blended families should plan not only for death but also for incapacity. Important Florida documents include:

  • Durable Power of Attorney – Authorizes a trusted person to manage financial affairs if you become incapacitated.
  • Healthcare Surrogate Designation – Appoints someone to make medical decisions on your behalf.
  • Living Will (Advance Directive) – States your wishes regarding life-sustaining treatment.

Without these documents, loved ones may need to seek court-appointed guardianship, which can be stressful and contentious in blended family situations.

3. Revocable Living Trusts

A Revocable Living Trust allows you to place assets such as your home, bank accounts, or investments into a trust during your lifetime while maintaining control. After death, the trust distributes assets according to your instructions—without probate.

Trusts are particularly useful for blended families because:

  • They allow you to provide for a surviving spouse during their lifetime while ensuring that remaining assets pass to your children later.
  • They can protect biological children from being unintentionally disinherited.
  • They allow for clear, enforceable instructions tailored to your family’s unique situation.

4. Prenuptial and Postnuptial Agreements

In some cases, Florida couples may use Prenups or Postnups to define property rights and inheritance expectations. These agreements can complement an estate plan and reduce uncertainty for blended families.

Protecting Your Legacy in a Blended Family

Blended families in Florida require more than a “one-size-fits-all” estate plan. A carefully drafted plan can:

  • Provide for your spouse’s financial security.
  • Protect biological children’s inheritance rights.
  • Clarify whether stepchildren will be included in your estate.
  • Reduce the risk of conflict, litigation, and probate delays.

Final Thoughts

Florida’s estate laws are not automatically favorable to blended families. Fortunately, with the right planning tools, such as trusts, beneficiary designations, and healthcare documents, you can safeguard your family’s future and ensure your wishes are carried out.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

If you have questions about estate planning for a blended family in Florida, contact CASERTA & SPIRITI in Miami Lakes. Our experienced estate planning attorneys can help you create a tailored plan that protects your spouse, children, and stepchildren while minimizing the risk of conflict.

Undue Influence in Florida: Protecting Loved Ones and Their Estates

Posted by CSG Firm on

Estate planning tools such as Last Wills & Testaments, Living Trusts, Lady Bird deeds, and beneficiary designations give Florida residents control over what happens to their assets after death. Unfortunately, vulnerable individuals, especially the elderly or ill, can sometimes be manipulated into changing their estate planning documents in ways that do not reflect their true wishes.

This manipulation is known under Florida law as undue influence, and it is one of the most common reasons family members contest a Last Will or Trust in court.

What Is Undue Influence in Florida?

Undue influence occurs when a person uses pressure, manipulation, or control to overpower the free will of another, usually someone who is dependent, elderly, or cognitively impaired. Instead of making independent choices, the vulnerable individual ends up signing documents that primarily benefit the influencer.

In Florida, this often involves:

  • Adding the influencer as a new beneficiary,
  • Increasing their share of the inheritance, or
  • Removing other beneficiaries entirely.

Common risk factors include Alzheimer’s disease, dementia, reliance on a caregiver, or weakened mental/physical health.

Warning Signs of Undue Influence

Florida courts recognize that undue influence is rarely obvious. Instead, families should look for red flags such as:

  • Unexpected provisions in a Last Will or Trust (e.g., disinheriting close family members without explanation).
  • Vulnerability of the individual (illness, heavy medication, cognitive decline).
  • Dependency on a caregiver (the person may feel pressured to comply in order to keep receiving care).

Relationships Where Undue Influence Commonly Arises

  • Family members – The most frequent source since relatives often have confidential access and emotional leverage.
  • Caretakers – Whether family or paid professionals, caretakers can exploit dependency.
  • Confidential advisors – Lawyers, financial advisors, or others in positions of trust may misuse their influence.

How Florida Courts Evaluate Undue Influence

Proving undue influence is challenging because it often happens behind closed doors. To help, Florida courts look for “active procurement”—signs that the accused person was directly involved in creating or changing the estate planning documents.

Key questions include:

  • Was the accused present when the desire to make the Last Will/Trust was first expressed?
  • Did they recommend or select the attorney?
  • Did they know the document’s contents beforehand?
  • Did they give instructions to the attorney?
  • Did they help secure witnesses?
  • Did they keep the document after it was signed?

If several of these factors are present, the court may find active procurement, which is a major step in proving undue influence.

Shifting the Burden of Proof

Normally, the person challenging the Last Will or Trust must prove undue influence. However, in Florida, the burden of proof can shift to the accused influencer if three conditions are met:

  1. The accused received a substantial benefit under the document.
  2. The accused had a confidential relationship with the deceased.
  3. The accused was actively involved in preparing or procuring the document.

This shift makes it easier for challengers to succeed, though the accused still has the opportunity to prove no undue influence occurred.

Standing to Contest a Last Will or Trust

Not just anyone can bring an undue influence claim. In Florida, you must have legal standing, meaning you have something to gain or lose in the estate. This often includes:

  • Named beneficiaries,
  • Family members who would inherit under a prior Last Will or intestacy, or
  • Trustees or fiduciaries with legal responsibilities.

Why Legal Guidance Is Critical

Undue influence cases are often emotionally charged, fact-intensive, and legally complex. Memories fade, witnesses pass away, and documents may have been signed years before the dispute arises.

Having an experienced Florida estate litigation attorney is essential. A skilled lawyer can:

  • Evaluate whether the facts support a claim of undue influence,
  • Gather witness testimony and documentary evidence,
  • Navigate the burden-shifting rules in Florida courts, and
  • Advocate for your loved one’s true intentions.

Final Thoughts

Undue influence undermines the very purpose of estate planning, that is, ensuring that someone’s genuine wishes are respected. If you believe a loved one’s Last Will, Trust, or other Estate Planning document was the product of manipulation, or if you have been accused of exerting undue influence yourself, you should seek immediate legal advice.

The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.

At Caserta & Spiriti in Miami Lakes, we help families throughout Florida protect their loved ones and fight to uphold their true intentions. Contact our office today to schedule a consultation.