Resource Library

Free Online Legal Resources

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 determines by clear and convincing evidence that the amount is not excessive. Florida's voluntary arbitration process also provides a cap on non­economic damages under certain circumstances. 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.

Speak to an Experienced Medical Malpractice Attorney Today

This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medical malpractice lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medical malpractice attorney to discuss your specific legal situation.

Additional Medical Malpractice Articles

Search LawInfo's Medical Malpractice Resources

Find an Attorney in Your Area

Related Medical Malpractice Issues