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Is there a cap on personal injury lawsuits?

Posted: Monday, April 1, 2013 | By: George Andriotis
There are two major types of damages you may be entitled to in any personal injury case.

Is there a cap on personal injury lawsuits? In the first type of accident your losses directly cause by the accident are addressed such as: medical bills, lost wages, loss of the quality of life and many others. Damages of this type are referred to as Compensatory and in a personal injury case are geared to restoring the victims life to wholeness, at least monetarily.

There is no maximum cap on these types of damages within the state of Florida, and the settlement outcome is dictated by the amount of loss you have suffered. This applies to both economic losses like bills and wages as well as non-economic losses like quality of life and emotional trauma. For example, if you were to break a leg falling down a staircase that is too narrow, you may be compensated for your medical bills, emotional trauma, time you’ve lost at work as well as the pain you experienced after the accident.

Accidents Can Happen at Any Time

Sometimes a second type of damages can also be collected in a personal injury case. Punitive damages, in certain cases may be collected if violence, malice or fraud on part of the defendant is evident. With regard to the case above, if you were deliberately pushed down the stairs you may be entitled to punitive damages. Damages of this type are not intended to compensate you for your losses.

The goal with these types of damages is to improve future behavior and punish the offender. Florida is one of many states where punitive damages are limited by state law. In our state, these damages are limited to to 3 times the compensatory damage, or $500,000, or whichever is greater.