DEMAND FOR SETTLEMENT - PROFESSIONAL MALPRACTICE

STATE OF FLORIDA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Florida ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Florida

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Professional's Name or Firm]
[Professional Liability Insurance Carrier]
[Street Address]
[City, State ZIP]

RE: PROFESSIONAL MALPRACTICE CLAIM - SETTLEMENT DEMAND
Claimant: [Client Full Name]
Date(s) of Negligent Services: [Date or Date Range]
Professional(s): [Professional Name(s)]
Type of Professional: [Attorney/CPA/Architect/Engineer]
Claim Number: [If assigned]

Dear [Recipient Name]:

This firm represents [Client Name] in connection with the professional malpractice committed by [Professional Name] during the provision of [legal/accounting/architectural/engineering] services. This letter constitutes formal notice of our client's claim and our demand for settlement.

I. FLORIDA-SPECIFIC LEGAL FRAMEWORK

A. Governing Law

This claim is governed by Florida common law principles of professional negligence and the Florida Statutes.

B. Statute of Limitations

Professional Malpractice (Negligence): Under Fla. Stat. Section 95.11(4)(a), actions founded on professional negligence must be brought within two (2) years from the time the cause of action accrues (discovery).

Legal Malpractice: Under Florida law, a legal malpractice action accrues when the client knows, or should have known, of the attorney's negligent act or omission. Silvestrone v. Edell, 721 So. 2d 1173 (Fla. 1998).

Discovery Rule: Florida applies the discovery rule. The cause of action accrues when the plaintiff knew or should have known of the negligent act and resulting damage. Peat, Marwick, Mitchell & Co. v. Lane, 565 So. 2d 1323 (Fla. 1990).

Design Professionals - Statute of Repose: Under Fla. Stat. Section 95.11(3)(c), claims for latent defects against architects, engineers, and contractors must be brought within 10 years after substantial completion.

Relevant Dates in This Matter:
- Date(s) of negligent services: [Date(s)]
- Date of discovery: [Date]
- Two-year limitations period expires: [Date]

C. Comparative Fault

Florida follows modified comparative fault (50% bar) under Fla. Stat. Section 768.81. If a plaintiff's percentage of fault exceeds 50%, the plaintiff is barred from recovery. If 50% or less, recovery is reduced by the plaintiff's percentage of fault.

Our investigation establishes that our client bears no fault for the damages caused by the defendant's professional negligence.

D. Standard of Care Under Florida Law

Under Florida law, a professional must exercise that degree of care, skill, and treatment which is recognized as acceptable and appropriate by reasonably competent professionals in the same field.

Attorney Standard: An attorney must exercise the skill, prudence, and diligence that lawyers of ordinary skill and capacity commonly possess and exercise. Fishman v. Beach, 662 So. 2d 1269 (Fla. 4th DCA 1995).

Accountant Standard: An accountant must exercise the degree of skill and care that a reasonably competent accountant would exercise under similar circumstances. First Fla. Bank v. Max Mitchell & Co., 558 So. 2d 9 (Fla. 1990).

Architect/Engineer Standard: Design professionals must exercise ordinary skill and competence of members of their profession. Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999).

E. Expert Witness Requirements

Expert testimony is required to establish the standard of care and breach in professional malpractice cases. Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999).

Exception: Expert testimony is not required where the negligence is so obvious that a layperson could evaluate it.

Certification: We have retained a qualified expert who has reviewed the relevant materials and concluded that the applicable standard of care was breached.

F. Damage Caps

Florida does not impose statutory caps on compensatory damages in professional malpractice cases (unlike medical malpractice under Fla. Stat. Section 766).

G. Privity Requirement - Accountants

Florida recognizes limited third-party liability for accountants. Under First Fla. Bank v. Max Mitchell & Co., accountants may owe a duty to third parties who the accountant knew would rely on the work product.

II. PRESERVATION OF EVIDENCE - LITIGATION HOLD

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to the professional services provided to [Client Name], including but not limited to:

• Complete client files (paper and electronic)
• All drafts and working papers
• Correspondence (including emails, texts, and messages)
• Engagement letters and fee agreements
• Time records and billing statements
• Internal memoranda and notes
• Professional liability insurance policies
• [For Attorneys:] Case files, pleadings, research memoranda
• [For Accountants:] Work papers, tax returns, financial statements
• [For Architects/Engineers:] Drawings, specifications, calculations, project files

Modification, destruction, or concealment of any records will result in claims for spoliation and sanctions under Florida law. Public Health Trust of Dade County v. Valcin, 507 So. 2d 596 (Fla. 1987).

III. FACTUAL BACKGROUND

A. Professional Engagement

[Client Name] engaged [Professional Name/Firm] on or about [Date] to provide [type of professional services]:

Scope of Engagement:
- [Describe the scope of professional services]
- [Objectives or goals of the engagement]

Professional Relationship:
- Engagement date: [Date]
- [If applicable:] Termination date: [Date]
- Fee arrangement: [Hourly/Fixed/Contingency]

B. Chronology of Events

[Date]: [Describe what occurred]

[Date]: [Describe what occurred]

C. The Professional Error(s)

[Describe specifically what the professional(s) did wrong]

D. Discovery of Malpractice

Our client [did not discover / could not have reasonably discovered] the malpractice until [Date], when [describe discovery circumstances].

IV. ELEMENTS OF PROFESSIONAL MALPRACTICE

Under Florida law, a plaintiff must establish:

A. Duty (Professional Relationship)

[Professional Name] owed a duty of care to [Client Name] arising from the professional relationship established on [Date].

B. Breach of the Standard of Care

Applicable Standard: [Professional Name] was required to exercise that degree of care, skill, and diligence which professionals in the same field ordinarily exercise.

Based on our expert's analysis, the applicable standard of care required [Professional] to:

1. [Standard 1]
2. [Standard 2]
3. [Standard 3]

Breaches:

Breach 1: [Detailed description]

Breach 2: [Detailed description]

C. Causation

Proximate Cause: But for [Professional Name]'s breach of the standard of care, [Client Name] would not have suffered the damages described herein.

Legal Malpractice - Case Within a Case: [If applicable:] Had [Attorney Name] properly handled the matter, our client would have [obtained a favorable judgment / avoided liability]. Silvestrone v. Edell, 721 So. 2d 1173 (Fla. 1998).

D. Damages

As a direct and proximate result of the malpractice, [Client Name] has suffered the damages set forth below.

V. EXPERT OPINION

We have retained [Expert Name], a [licensed attorney/CPA/architect/licensed professional engineer] with [number] years of experience. [Expert Name] has concluded that:

1. [Professional Name] breached the applicable standard of care;
2. These breaches were a proximate cause of [Client Name]'s damages; and
3. Had appropriate professional services been rendered, [describe avoided outcome].

VI. DAMAGES

A. Direct Financial Losses

B. Consequential Damages

C. Summary of Damages

VII. SETTLEMENT DEMAND

Based upon the clear breach of the standard of care and the substantial damages incurred, we hereby demand:

$[DEMAND AMOUNT]

This demand will remain open for thirty (30) days from the date of this letter, expiring at 5:00 p.m. Eastern Time on [Expiration Date].

VIII. INSURANCE INFORMATION REQUEST

Please provide within ten (10) days:

1. All professional liability insurance policies applicable to this claim
2. Policy limits for each applicable policy
3. Any deductible or self-insured retention amounts

IX. DOCUMENTATION ENCLOSED

• Engagement letter and correspondence
• Documents evidencing the professional's work
• Documents evidencing damages
• Expert curriculum vitae

X. CONCLUSION

This case presents clear professional malpractice that caused significant financial harm to our client. We are prepared to litigate this matter through trial in the Florida Circuit Court if necessary.

Please respond by the deadline stated above.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Florida Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: As noted above

cc: [Client Name]
File

FLORIDA PROFESSIONAL MALPRACTICE PRACTICE NOTES

• Modified Comparative Fault (50% Bar): Plaintiff barred if fault exceeds 50% (2023 tort reform changed from pure comparative to 50% bar).

• No Certificate of Merit for Professional Malpractice: Unlike medical malpractice, no pre-suit requirements exist.

• Two-Year Limitations Period: From discovery of the negligent act and injury.

• Discovery Rule Applies: Limitations period runs from knowledge of the injury and its cause.

• Design Professional Repose: 10-year statute of repose under Fla. Stat. Section 95.11(3)(c).

• Expert Testimony Required: Essential for establishing standard of care.

• Case Within a Case: In legal malpractice, must prove the underlying case would have been successful and that any judgment would have been collectible.

• Accountant Third-Party Liability: Limited under First Florida Bank doctrine.

• Venue: Proper where defendant resides or where the cause of action accrued.

This template is specific to Florida law. Always verify current law and consult with qualified Florida counsel.