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Types of Florida’s Personal Injury Damage Caps

personal injury laws in Florida

Following an accident in Florida, you may be entitled to compensation for your injuries, property damage, and other losses. Damages relate to monetary compensation received from the person or entity responsible for the accident. Personal injury claims are subject to damage caps in several states, including Florida. The amount of compensation available to the injured individual is limited by Florida’s Personal Injury Damage Caps.

What Are Florida’s Personal Injury Damage Caps According to Auto Accident Lawyers in Florida?

Damage caps are laws that limit the amount of money that may be collected for an accident victim’s losses. Even if a jury awarded compensation that exceeds the state’s cap, the victim cannot collect any more compensation if the award reaches this cap.

A damage cap is designed to eliminate frivolous or fraudulent personal injury claims. Restricting the number of damages available may discourage someone from filing a claim merely for the purpose of obtaining a huge award.

Damage caps can also safeguard a community by restricting the financial responsibility of an organization, such as the government or a healthcare facility. As a result, damage caps in various states are very prevalent in medical malpractice claims.

They’re also popular in anti-government tort claims. A damage cap can save big companies from going bankrupt because they can’t afford to pay a huge settlement or judgment award.

Despite the fact that several states have abolished damage caps after declaring them unconstitutional, Florida Personal Injury Damage Caps are still used in Florida to limit some types of damages.

Economic Damages

Economic damages are the victim’s direct financial losses as a result of the accident, including medical bills, property repairs, lost income, attorney’s fees, travel expenses, and other out-of-pocket expenses.

An economic damage award aims to make a victim whole again by returning him or her to the financial position in which they were before the accident. Economic damages in Florida are not capped, therefore a plaintiff can collect the full amount of his or her monetary losses.

Noneconomic Damages

Economic and non-economic damages are the polar opposites of each other. Non-economic damages, as opposed to the monetary losses associated with an accident, are related to the personal aspect of a personal injury claim.

Physical pain and suffering, emotional pain, mental anguish, psychological discomfort, trauma, inconvenience, humiliation, loss of quality of life, and loss of consortium are all losses they describe.

Noneconomic damages in personal injury suits are often capped in several states. These restrictions restrict how much a victim can collect from a jury in pain and suffering damages — an award that might be substantial for serious or permanent injuries.

Although Florida used to have a cap on noneconomic damages for medical malpractice lawsuits, the Florida Supreme Court found in 2017 that this cap was unconstitutional and unjust to victims. As a result, though state law still has a cap, Florida now does not restrict noneconomic damages in any sort of case.

Punitive Damages

In a Florida personal injury claim, the only damage cap is one on punitive damages. Punitive damages are awards made to a plaintiff in order to punish a defendant. In Florida, a judge may award punitive damages if the defendant is found to have committed gross carelessness, excessive recklessness, a willful disregard for the safety of others, or intentional intent to hurt. A damage cap in Florida can limit how much a plaintiff obtains in this sort of award.

Punitive damages in Florida are limited to three times the entire amount of compensatory damages (economic and noneconomic) granted to the plaintiff. If the plaintiff is awarded $100,000 in compensatory damages, he or she cannot be awarded more than $300,000 in punitive damages.

However, in Florida, this is more of a recommendation than a strict rule. After a major injury, it is ultimately up to a judge and jury to determine how much a plaintiff receives in damages.

Contact Our Tampa Auto Accident Lawyers:

Unfortunately, given the city’s hustle and bustle, serious injuries are unavoidable. Injury claims and lawsuits need work on the side of the claimant, such as understanding, correctly completed paperwork, evidence collecting, and documentation. Following a traumatic injury, a qualified car accident lawyer from Tampa, FL can be critical in helping you to recuperate while also enforcing your legal rights and ensuring that you do not get a low settlement.

Having our experienced personal injury lawyer on your side will help you understand all the necessary stuff like Florida Personal Injury Damage Caps etc. and make the process go more smoothly. For a free case review, contact us right now.

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