Arbitration
If a defendant refuses to accept the claimant's offer to arbitrate, the claimant, if successful at trial, is entitled to prejudgment interest and up to 25 percent of the award in attorneys' fees.
If a claimant refuses to accept a defendant's offer to arbitrate, his recovery will be limited to economic damages, but only 80 percent of lost wages plus no more than $350,000 in noneconomic damages.
If the claimant does accept, his recovery will be limited to economic damage, but only 80 percent of lost wages plus no more than $250,000 in noneconomic damages, plus attorneys' fees of fifteen percent.
The damage cap in the arbitration statute has been held to be constitutional. A recent District Court of Appeal decision held that an arbitrator may award no more than $250,000 for a single wrongful death claim, regardless of the number of claimants. It certified to the Supreme Court the question whether the cap on noneconomic damages of $250,000 per incident in a voluntary arbitration applies to each beneficiary under the Wrongful Death Act or applies in the aggregate to all beneficiaries.
Other Florida Medical Malpractice FAQs
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Attorneys' Fees
Florida has declared that attorneys' fees in excess of the following amounts are presumed unreasonable: In cases that settle before filing an answer or appointing an … more -
Contributory Or Comparative Negligence
Florida adheres to the pure form of comparative negligence. -
Collateral Source Rule
Florida has held that the court must reduce a claimant's damages by the amounts paid to the claimant from collateral sources. However, the court must also receive … more -
Contribution
Florida has held that joint tortfeasors are afforded a right of contribution with the exception of a settling tortfeasor, who is not entitled to contribution from a … more -
Damage Caps
Punitive damages in excess of three times the claimant's compensatory damages are presumed to be unreasonable, and the court must order a remittitur unless it … more -
Expert Testimony
A claimant must include a verified written medical expert opinion corroborating that there are reasonable grounds to believe that each named defendant was negligent. … more -
Immunities
The State of Florida and its counties, municipalities, and other political subdivisions does not enjoy sovereign immunity. The statutory waiver of immunity is limited … more -
Joint And Several Liability
In any action for professional negligence accruing on or after July 1, 1986, wherein damages exceed $25,000, liability is apportioned among the defendants on the basis … more -
Patient Compensation Funds And Physician Insurance
Florida has established two patient compensation funds: The Florida BirthRelated Neurological Injury Compensation Plan, which is the exclusive means of obtaining … more -
Periodic Payments
The court must order that any future economic damages in excess of $250,000 be made as periodic payments upon request from any party. The court may require security … more
