Are Florida Personal Injury Lawsuits Subject to Damage Caps?
When you want to know how much your personal injury case in Florida might be worth, injury attorneys can help. They look at many factors to figure out the best answer. One important aspect is whether there are any limits on damages. An experienced injury attorney will work to make sure you get the most compensation allowed under Florida law.
PIP Claims for Non-economic Damages
Florida is a “no-fault” state for car insurance. This does not mean you cannot sue the driver responsible for a serious accident. You can sue a driver who caused a crash that resulted in serious injuries. You may be able to collect both economic and non-economic damages. Punitive damages are rare, except when it involves a DUI. Most injured drivers and passengers will first have to file a claim with their personal injury protection (PIP).
Damage Caps on Tort Claims Against Government Defendants
Florida Statute 768.28 waives the sovereign immunity of Florida government agencies in tort suits (claims of wrongful acts or infringements of rights). This includes state government, its agencies, and subdivisions, such as schools, hospitals, police, and utility workers. The state can be sued for personal injury and wrongful death just like anyone else, as long as the act was committed by someone acting within the scope of their employment.
Damage Caps for Florida Medical Malpractice Cases
In Florida, the question of damage caps has been a hotly debated issue. Florida lawmakers set a cap in 2003 on non-economic damages for Florida medical malpractice lawsuits. Later, the Florida Supreme Court removed these caps in its rulings. Recent legislation has, however, again limited non-economic damages in cases of negligence by healthcare professionals.
Florida Statute 766.118 states that non-economic damages in any claim for personal injury or death caused by medical malpractice should not exceed $500,000. A single practitioner cannot be held responsible for more than $500,000, regardless of the number of plaintiffs.
Florida Damage Caps for Punitive Damages
In a Florida wrongful death or personal injury case, punitive damages are never awarded unless the defendant has committed an intentional or grossly negligent act. Even then, according to the Florida Statute, punitive damages are only allowed if a court determines that the defendant’s motivation was solely to gain an unreasonable financial benefit.
In this case, punitive damages can be up to four times the amount awarded as compensatory damages for each claimant or $500,000 (whichever is higher). Our personal injury lawyers can help you understand the implications of these rules for your particular case if you’re considering filing a Florida lawsuit.
This post was written by a professional at Kevin L. Sullivan II. Attorney Kevin L. Sullivan II is your personal injury attorney Wesley Chapel FL and the best personal injury attorney near you for LeavenLaw. Kevin is proud to serve Florida accident victims that have been injured in auto accidents, motorcycle accident, slip and falls or have suffered any other type of injury caused by negligence. Kevin offers a FREE no-obligation consultation to discuss your claim. There are NO upfront fees or costs and if he does not collect for you, you do not owe him anything.
