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Caps on Certain Damages For centuries the only cap on damages has been the wisdom of the jury. Recently, however, insurance and physician groups have pushed through legislation that would seek to have the government essentially climb into the jury box and tell the citizens of Florida what they can and cannot do. The government decides the value of a claim without hearing any evidence, and the jurors who have sat through the whole trial are limited in their decision!
In Florida, a law was passed regarding non-economic damages (elements such as pain and suffering) purporting to provide caps using a complex system that results in a limit of somewhere between $500,000 and $1,500,000. The constitutionality of this provision is still not decided. The result of such a provision strikes hardest at the poor and the elderly – folks who may have a horrible injury but cannot show great economic damages because they don’t have a high lost wage claim.
The system is very complex and must be attacked in specific ways. It is important to find and hire a lawyer that understands the system and is prepared to fight it.