Filing a personal lawsuit can be tricky, and the situation is often made even more confusing by the vast differences in how cases are handled from state to state. If you are planning on filing in Florida, then here are some key statutes that you should be aware of when planning your lawsuit:
Statute of Limitations: 4 Years
When filing in Florida, you need to make sure that your claim
When you are filing specifically for a medical malpractice lawsuit, you only have 2 years instead.
Comparative Negligence: Yes
When you are filing for damages, your compensation will be partially determined by exactly how responsible you were for the injury. This involves breaking down your involvement into a percentage relative to the responsibility of the party that you are suing. For instance, you might be found to be 20% responsible for an accident while the other party assumes the other 80%.
In that example, your damages would ultimately be reduced by 20% under comparative negligence laws. A lawsuit for $100,000 in compensation would result in you getting $80,000.
Unlike in states that follow a modified version of comparative negligence, your compensation will not drop to nothing if you are found to be more than 50% responsible.
Damage Caps: Punitive and Medical Malpractice
In the majority of cases in Florida, there are no caps on damages. Not all cases allow for punitive damages and very few cases fall under the umbrella of medical malpractice.
However, in the cases where punitive damages are permitted, they are capped at 3x compensatory damages or $500,000, whichever is higher.
Medical malpractice lawsuits limit the non-economic damages of a lawsuit