What is the Cap for a Personal Injury Lawsuit in Florida?

In cases of punitive damages, Florida law caps damages of up to three times the amount of compensatory damages, or $500,000. The state can be very strict about when punitive damages can be awarded, so it’s important to know about the specifics of the law and the best way to handle your case.

In the state of Florida, personal injury victims have the right to seek monetary compensation for damages caused by another party’s negligence. A successful claim could force the at-fault party to pay for your economic and noneconomic damages. 

Andrew Pickett,a leading personal injury attorney in Florida, is here to discuss the laws and regulations regarding damage caps. By the time you’ve finished reading this post, you’ll have a better understanding of personal injury law and damage caps in the Sunshine State and how to seek compensation for your injury-related expenses.

The Importance of Damage Caps

Damage caps are designed to protect defendants from overly harsh financial punishments. These caps can be imposed on both compensatory and punitive damages, ensuring that injured parties receive fair compensation without bankrupting the person found responsible for their suffering. Caps also serve a public purpose by helping to reduce insurance premiums in Florida, which can have a positive effect on businesses and consumers alike.

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Florida Has 3 Types of Damage Caps

There are three types of damage caps in Florida: compensatory damages, non-economic damages, and punitive damages.

1. Compensatory Damages

Compensatory damages are intended to “compensate” plaintiffs for what they have lost due to an accident or injury. This means this compensation will cover tangible, monetary issues like property damage, lost wages and medical expenses. In Florida personal injury cases, there is no cap on compensatory damages. Still, it’s vital that you diligently document these expenses and understand what these losses encompass.

2. Non-Economic Damages

These are damages that don’t have a strict monetary value, such as pain & suffering or loss of enjoyment of life. Previously, Florida had caps on these types of damages, but they have been struck down multiple times as being unconstitutional by the Supreme and District Courts. Today, there is no cap on non-economic damage in Florida.

3. Punitive Damage Caps

These damages are awarded to punish wrongdoers who have acted with malice or gross negligence. In cases of punitive damages, Florida law caps damages of up to three times the amount of compensatory damages, or $500,000.

Here is how this works: Say you were awarded $1 million in compensatory damages. The award of $1 million would be multiplied three times, and you would be awarded $3 million in punitive damages. 

There are certain exceptions to that cap, however. If the court finds that the defendant was motivated by financial gain, the statutory cap increases to $2 million. If it is determined that the defendant had intended to harm the claimant, and they did, in fact, harm them, there is no limit to the punitive damages that can be collected from the defendant. (Fla. Stat. § 768.73).

As mentioned, it is rare to be awarded punitive damages. Florida typically only awards them in cases where they need to send a clear message to an industry or deter groups of bad actors.

Therefore, even if you meet the criteria to receive punitive damages, it is not a guarantee that they will be awarded. Of course, the chances of winning your case will increase with the help of a knowledgeable and experienced personal injury attorney.

Florida Damage Caps: How Much Can You Win?

In the state of Florida, personal injury victims have the right to seek monetary compensation for damages caused by another party’s negligence. A successful claim could force the at-fault party to pay for your economic and noneconomic damages. 

That said, you might be wondering how much you can win. In this section, we will explore what damage caps you can potentially win based on the law in Florida and historical trends in similar cases.

However,  going back to the question posed here: What is the amount you can win? The average personal injury settlement ranges between $3,000 and $75,000 in Florida. [1] That is a broad range, however. The important thing to keep in mind is that every personal injury claim is different.

In Cases of Compensatory Damages

The average amount of compensatory damages awarded in Florida personal injury cases is between $39,000 and $97,000. The amount you can receive depends on the severity of your injuries, the costs associated with medical care and lost wages due to time away from work.

In Cases of Non-economic Damages

The range for non-economic damages awards in Florida personal injury cases is between $10,000 and $75,000. As mentioned, non-economic damages cover intangible losses such as pain and suffering or loss of enjoyment of life that cannot easily be quantified in monetary terms.

In Cases of Punitive Damages

The total range for punitive damages and other damages is often dependent on the type of case. For example, total damages for bicycle accident wins range from around $200K to $300K. Motor vehicle accidents typically range from $1 million to $3 million. On the other hand, medical malpractice cases and class action suits in Florida have resulted in punitive damages awards reaching as high as $33 million.

It is important to note that the courts use a variety of factors to decide how much compensation one is entitled to, and these decisions are highly individualized. That’s why it’s vital to speak with an experienced Florida personal injury attorney who can provide guidance on your claim and help you fight for the compensation you deserve.

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The Clock is Ticking: The Florida Statute of Limitations 

No matter what type of personal injury claim you may have in Florida, it is important to remember that there is a statute of limitations. This means that you must file a lawsuit within a certain amount of time after the accident, or else your case will be thrown out. 

Once this time elapses, the court system doesn’t have the jurisdiction to punish law violators or provide you with any compensation. Basically, you will be barred from seeking compensation for your injuries.

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The Statute of Limitations for Personal Injury Claims in Florida

The statute of limitations for personal injury claims in Florida varies, depending on the type of injury. Generally, the statute of limitations for personal injury claims in Florida is four years from the date of the accident or incident that caused your injuries.

There a four statute of limitation categories in Florida that it helps to be knowledgeable about.

They are:

• The statute of Limitations for Car Accidents in Florida
• The statute of Limitations for Medical Malpractice in Florida
• The statute of Limitations for Wrongful Death in Florida
• The statute of Limitations and Insurance Claims

It is important to understand these statutes as they can have a big impact on the outcome of your case.

Florida Statute of Limitations for Personal Injury and Auto Accidents

The statute of limitations for car accidents in Florida is four years from the date of the accident (Fla. Stat. § 95.11(3)(a)). You have four years to file a claim for damages and seek compensation if you have been injured due to another person’s negligence.

Florida Statute of Limitations for Wrongful Death

The statute of limitations for wrongful death in Florida is two years from the date the person died (Fla. Stat. § 95.11 (4)(d)). This means that you have two years to file a lawsuit to seek compensation for losses, such as medical expenses, funeral costs and lost wages.

Florida Statute of Limitations for Medical Malpractice

The statute of limitations for medical malpractice in Florida is two years from the date of the injury or when you discover the injury (Fla. Stat. § 95.11(4)(b)). You have two years to file your claim for damages and seek compensation if you have been injured due to medical malpractice.

Florida Statute of Limitations on Personal Injury and Insurance Claims

After a formal demand letter is sent to the insurance company about your accident, the insurance company has 30 days to respond to your demand letter. If you do not receive a response within 30 days, then the insurance company is deemed to have denied your claim. That doesn’t have to be the end of the road, however. If you don’t agree with their decision, you can talk to a Florida personal injury attorney to begin the process of filing a lawsuit within the applicable statute of limitations. The attorney will consult with you to see if you have grounds to seek compensation for your losses and damages.

Recap: The Deadlines for Filing Personal Injury Lawsuits in Florida

To recap, the statute of limitations deadlines for filing a personal injury lawsuit in Florida are as follows:

• Four years from the date of the accident for car accidents; 
• Two years from the date of injury or discovery of injury for medical malpractice;
• Two years from the date of death for wrongful death; and
• Thirty days from the date of receiving the final demand letter for an insurance company to respond to a claim.

Florida is a Comparative Negligence State

In Florida, the law recognizes apure “comparative negligence” rule. This means that both parties in an accident can be held to some degree of fault. This can impact the damages awarded if one party is found to be more at fault than the other. For example, if you were found to be 15 percent responsible for the accident that caused your injury, then only 85 percent of the total damages will be awarded to you.

Florida’s No-Fault Auto Insurance Rules

Florida is a “no-fault” state, meaning that an injured person’s own insurance company will cover their medical costs and lost wages regardless of who caused the accident. This also includes the passengers in the car you are driving.

The no-fault system, however, does not apply to other motorists or pedestrians involved in the accident. In these cases, you can pursue a third-party claim against the at-fault driver.

What is the Liability for Dog Bites Cases in Florida

In Florida, dog owners are held strictly liable for injuries if their animal bit or attacked a person while on public property or their property – that’s if the victim was there lawfully. This means that if a person is injured by a dog in the state of Florida, they can seek compensation from the animal’s owner. This standard holds true even if the animal has no history of biting or attacking someone. 

Dog owners in Florida are also liable for damages caused by their dog to another dog or pet. You do not have to prove negligence or fault on their part in both cases. Additionally, if the owner knew their dog was aggressive, the courts could assign greater damages to the victim.

Questions

Is there a cap on pain and suffering in Florida?

Pain and suffering are non-tangible damages, which are considered non-economic damages in the state of Florida. There are no caps imposed on non-economic damages in Florida.

What are the damage limits in Florida?

There are currently no damage limits imposed on non-economic and compensatory damages in Florida.

What are the maximum punitive damages in Florida?

For punitive damages, Florida law caps damages of up to three times the amount of compensatory damages, or $500,000.

Is there a cap on malpractice suits in Florida?

There are currently no damage caps on the amount you can win in a Florida malpractice lawsuit.

What is the Florida personal injury tort cap?

In cases of personal injury, the state of Florida has placed a damage cap on the amount of money that can be awarded as punishment for punitive damages. These damages are capped at up to three times the amount of compensatory damages, or $500,000. 

Talk to the Andrew Pickett Law Firm About Your Personal Injury Suit Today

If you plan to bring a lawsuit that includes Florida punitive damages, it’s important to speak with an experienced Florida personal injury lawyer. Attorney Andrew Pickett of Andrew Pickett Law is an award-winning personal injury lawyer who has handled numerous Florida personal injury cases. 

Andrew Pickett Lawhas recovered millions in damages for clients, and you can trust us to use our expertise to get you the compensation you deserve. We handle cases all over Florida, so contact us today at 321-415-8053 to learn more about filing a claim in your area.

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