Miami personal injury lawyers and personal injury claimants are sometimes limited in what they can recover under Florida law. For example, in a medical malpractice/wrongful death case, non-economic damages were capped.
A quick primer:
- Economic damages refers to quantifiable numbers such as medical bills, property damage and lost wages that are relatively easy to quantify.
- Noneconomic damages are more difficult to compute. Florida Statutes 766.202(8) defines noneconomic damages as: pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of capacity to enjoy life and more.
For any medical malpractice case (wrongful death or not) Fla. Stat. 766.118 caps noneconomic damages at $500,000 per claimant, but verdicts may never be entered against a single medical practitioner for more than $500,000 (regardless of the number of injured claimants) – unless certain special circumstances apply or the practitioner’s negligence resulted in a permanent vegetative state or death, in which case the verdict entered may not exceed $1,000,000 (for all claimants against all practitioners) in a particular case.