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Personal Injury Caps and Statutes of Limitations in the State of Florida
If you are planning to file a lawsuit for a personal injury you’ve endured in Florida, there are some important things that you should understand about the maximum amount of damages that you can collect, and the amount of time that you have to begin your process. Florida has a statute of limitations for personal injury claims, and there are caps on the amount that will be awarded. The caps change depending on the specifics of your injury, but we explain each of these things below.
If you have been injured in Florida and need a personal injury attorney in Fort Lauderdale, make sure that you do not miss your window to bring a case because of the statute of limitations. Contact an attorney today, and start the process of collecting the damages you are owed as soon as possible. With the help of a qualified attorney, you will be able to focus on recovering with the confidence that they are working on your behalf.
Personal Injury Caps
In Florida, personal injury cases have damage cap statutes that are outlined under the Torts section of the Florida Statutes, Constitution, and Laws. They vary depending on the circumstances of your injury, the at-fault party, and the context that your injury was sustained under. Read below to see the common caps and restrictions that are included in the Florida court system, so that you can understand the possible limits of your lawsuit amount.
Standard Personal Injury Caps
In a standard personal injury case in Florida, there is no damage cap for the amount that can be recovered for economic (medical bills, lost wages, loss of future earnings) or non-economic (pain and suffering, diminished quality of life, etc) purposes. There are caps on punitive damages and medical malpractice cases though, which are outlined below.
Punitive Damage Caps
Punitive damages are penalties that are added to a payment in a personal injury lawsuit that compensates the victim for excessive or malicious behavior. If you were assaulted, or hit by a drunk or reckless driver, the judge may institute punitive damages that are no more than triple the compensatory damages or $500,000.
Medical malpractice personal injury lawsuit in Florida do not have caps for compensatory damages such as lost wages, future lost income, and other economic factors. However, there are caps on non-economic damages. Medical practitioners and health care professionals are capped at $500,000 for non-economic damages, and for non-practitioners, the cap is $750,000. Keep in mind that these caps do not account for economic damages and hardships, only the added damages for non-economic factors.
Statute of Limitations
There is a statute of limitations for all personal injury lawsuit in Florida. You have four years from the date of your injury, or the incident that caused the injuries, to file a lawsuit. If you miss this window, your case will be rejected outright.
If you have suffered a personal injury because of another party’s negligence or malice, contact a personal injury attorney in Fort Lauderdale to discuss your options for a lawsuit and possible damages. Your hardships may entitle you to collect economic and non-economic damages from the defendant, and your attorney will work with you to get you the maximum payment that you deserve.
This article does not necessarily reflect the opinions of the editors or management of EconoTimes