Floridas Cap on Damages?
Some states have enacted laws which put caps on the maximum amounts people can recover in medical malpractice or personal injury cases. Other states have no maximum amount. Legislation has repeatedly proposed a nationwide cap of $250,000 for intangible damages in medical malpractice cases. Some believe the cap to be unfair, because it would not just apply to frivolous cases, that are often rejected by the courts or overturned on appeal anyway. It would mostly impact the legitimate cases of severely injured victims, by awarding only partial compensation, while the less severe may receive full compensation. Moreover, if the maximum exposure of insurance companies is $250,000, rarely will they settle the meritorious cases. Although there are certain to be constitutional challenges made, Florida has recently passed a new law applying caps on intangible damages in medical malpractice cases.
