Under Florida law, the damages cap rule applies to the amount of money that the court can award as punitive damages. It limits the amount of damages to three times the amount of compensatory damages or $500,000 depending on which is greater.
If you sustain a personal injury as a result of the actions or negligence of another party or organization, you need to know what to expect. The process of recovering compensation will often include the following steps:
- The first step is to put all the parties involved on notice that you will be seeking compensation
- Attempt to negotiate a favorable settlement offer with the parties involved. This is going to involve a lot of back and forth and you have to be ready for it.
- If negotiations are unsuccessful, the next step is to file a lawsuit with the court claiming compensation for your injuries.
- Your personal injury lawyer will litigate the case in court to prove that you deserve to be compensated by the defendant for your injuries.
What if you are partly to blame for the accident that caused your personal injury?
If you were in some way responsible for the injuries that you suffered, Florida’s comparative negligence laws will apply. Under the law, your prospects for compensation will be adjusted based on your percentage of fault.
For instance, if the court determines that you were 20% at fault for the accident that caused your injury, whatever compensation is eventually awarded will be reduced by 20%. This means if you were awarded $10,000 you will only be able to recover $8,000.
Is there a statute of limitations on my Gulf Breeze personal injury case?
A statute of limitations is a deadline stipulated by law for filing a personal injury lawsuit in Gulf Breeze. If you wait until the deadline has passed, your claim will be barred no matter how clear cut your liability case is.
Punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. They are not part of most personal injury cases. They are reserved for really serious cases where the at-fault party’s conduct was intentional or malicious as well.
Damages caps are laws that limit the amount of non-economic damages that can be awarded for a case. What this means is that if the jury awards a plaintiff an amount in damages, the court can override that decision under the damages cap rule.