Personal Injury Damage Caps in Florida

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In the event of an accident in Florida, you may be entitled to compensation for your personal injuries, property damage, and other losses.

In some states, such as Florida, personal injury claims are subject to damage caps. These damage caps restrict the compensation available to injured individuals, depending on the type of damage.

Economic Damages

Economic damages refer to compensation for certain economically measurable expenses. Examples of economic damages include:

  • Past and future medical bills, past and future loss of earnings.
  • The cost of repairs or replacements.
  • Costs associated with any potential domestic services.
  • The loss of one’s job, or any opportunities they might have had in the future.

There are no caps on economic damages in Florida. In other words, if a plaintiff can prove that they suffered financial losses at the hands of the defendant, the defendant is responsible for the total value of those losses, regardless of the amount. Seeking assistance from experienced personal injury attorneys will help ensure you get the full economic damage compensation you deserve.

Non-Economic Damages

The non-economic damages are the intangible ways that a victim suffers a loss due to a personal injury accident. Examples of non-economic damages include:

  • Physical pain, mental anguish, and disability.
  • Loss of society and consortium.
  • Loss of life.

Florida has no cap on non-economic damages; this was ruled unconstitutional in a 2017 Florida Supreme Court ruling. A victim of a personal injury accident in Florida can claim the full extent of their non-economic damages.

The court may award non-economic damages on an individual basis upon considering the facts of the case and the victim’s personal suffering.

Punitive Damages

Punitive damages are damages awarded to deter intentional and reckless behavior or actions motivated by malice. Punitive damages are neither economic nor non-economic, as they do not compensate for any loss.

Florida’s punitive damage statute imposes a cap on punitive damage awards. This means the amount awarded can’t be more than a certain amount. Florida’s punitive damage statute allows for up to three times compensatory damages or $500,000, whichever is higher.

Contact Us

If you or a loved one has been seriously injured in an accident, you may wonder what the Florida punitive damage caps are and how this may affect your case. The best way to find out is to contact the law office of JustCallMoe. Our experienced Florida personal injury attorneys can explain the laws and help you get the compensation you deserve.

FAQs Concerning Personal Injury Damage Caps

Are there situations in which punitive damages are unlimited?

Yes, when the defendant had the intention to harm the plaintiff. In such cases, there may be no limitations on punitive damage awards.

How long do I have to file a personal injury claim?

In most cases, Florida Statutes Section 95. 11(3) (a) provides a four-year period from the date when the incident occurred.

What if I am partially to blame for an accident?

If you are partially at fault for an accident, you may still pursue damages agains the other party. The damages will be apportioned based upon the percentage of fault assigned to each party.

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