Damage caps legally limit the compensation you can recover in a lawsuit. If you suffered harm at the hands of a negligent healthcare provider, understanding how this works can help you when pursuing a medical malpractice claim.
First, not all damages are capped. Florida law does not place a limit on your economic damages like present and future medical expenses, lost wages, rehabilitation costs and other related financial losses. These damages are based on the actual economic impact of the injury, and there is no limit to what you can recover.
Non-economic damages may be subject to limitations
Florida law caps non-economic damages, which cover things like pain and suffering, emotional distress and loss of quality of life. The maximum amount you can recover with your medical malpractice claim depends on the particulars of your case. For instance, the cap is set at $500,000 if it involves a medical practitioner, although the amount may shoot up to $1,000,000 should the circumstances of your case allow it.
It’s also worth noting that punitive damages are also capped at three times the sum of economic and non-economic damages or $500,000, whichever is greater. However, they are only awarded in exceptional cases, and the specifics of your case will determine the caps that may apply.
Why it matters
Damage caps can reduce the compensation you receive as a victim of medical negligence. This can be a concern if you suffer severe physical and mental injuries, given that non-economic damages often make up a substantial part of the settlement.
Seeking legal guidance can help you navigate the hurdles of a medical malpractice claim and present a solid case in pursuit of a deserving settlement for your harm and losses.