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.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Medical Malpractice Articles
- Attorneys' Fees
- Contributory Or Comparative Negligence
- Collateral Source Rule
- Damage Caps
- Expert Testimony
- Joint And Several Liability
- Patient Compensation Funds And Physician Insurance
- Periodic Payments
- Pre-Judgment Interest
- Statutes Of Limitations
- Vicarious Liability