The Florida Injury Litigator
Damages
Florida sovereign immunity limits increase in 2011
Florida places limits the amount a government entity can pay personal injury victims. Currently, § 768.28, Fla. Stat. sets the maximum recovery at $100,000 per person or $200,000 per incident. Effective October 11, 2011, however, the legislature has increased these limits to $200,000 per person or $300,000 per incident. Although this is a step in … Continue reading
Florida continues to hamstring medical malpractice victims
On Monday, May 2, 2011, the House of Representatives passed Bill 479 in an 88-28 vote. The new legislation hinders medical malpractice victims in three important ways: 1. The bill establishes a requirement that out-of-state physicians and dentists apply for and obtain a certificate from the Florida Department of Health before providing either verified written medical … Continue reading
Buckle Up – The Florida seat belt defense in automobile accident cases
The common law seat belt defense is now used to demonstrate a plaintiff’s comparative negligence rather than to mitigate his damages. Florida law was not always this clear. In Ridley v. Safety Kleen Corporation, the Florida Supreme Court recognized that “there has been some confusion and misunderstanding as to the nature of the so-called seat … Continue reading
Noneconomic damages are capped in Florida medical malpractice cases
What’s fair is fair. Well, not always. Even if a jury decides your medical malpractice injury is significant, the award can be slashed by Florida law. § 766.118, Fla. Stat. caps noneconomic damages, which include pain and suffering, physical impairment, mental anguish, disfigurement, loss of capacity for enjoyment of life and other nonfinancial losses. Generally, … Continue reading
Author
Matthew Mazzarella is a trial attorney at Hannon & Boyers, P.A.
The Florida Injury Litigator 