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Landmark Florida Damages Decision Could Spell the End for Damage Caps

Plaintiff’s attorneys and law professors alike are abuzz with speculation on the effects of an March 2014 Florida Supreme court decision that strikes down caps on non-economic damages in medical malpractice wrongful death claims. In the 5-2 decision, the Florida Supreme Court decided that the 2003 law putting a $1 million cap on pain and suffering violated the equal protection clause of the Florida Constitution, and therefore could not stand. While the case itself focused only on the wrongful death statute and medical malpractice, the effects of the case’s decision may be used to overturn similar statutes in other states, and possibly in other areas of personal injury and negligence law.

According to several experts in the field of medical malpractice, there are a number of ways that this decision could change the way that plaintiff’s attorneys can handle cases. Not only will this mean that plaintiff’s attorneys can look for more damages for the families of victims, but it also gives plaintiff’s attorneys a new way to attack the monetary limitations. While several states have overturned caps like these using constitutional means, the Florida Supreme Court used a different strategy for overturning the cap. The court explained that the medical malpractice insurance crisis that was the premise for the 2003 law was not based in fact, and that there was no legitimate government interest in continuing to alleviate a crisis that is not factually supported.


So what does that mean for Plaintiff’s attorneys? There are a lot of hopeful experts that believe this will mean larger payouts to victims of medical malpractice, a new look at these caps and their constitutionality, and an overall beneficial effect on the area of Plaintiff’s law. It could even challenge caps in other areas, including personal injury, using a similar strategy of attacking the idea that there is a serious crisis of available funds in the insurance business.

Read More: Washington Examiner May 19, 2014

Medical malpractice are some of the most devastating situations to victims in Plaintiff’s law areas. Malpractice can lead to persisting medical conditions, major loss of work time, unbearable pain and suffering, and in extreme cases, wrongful death. Jonathan Friedland and Michael Carmona have dedicated their careers to helping victims of medical malpractice recover the compensation that they and their families deserve. The Coral Gables malpractice attorneys have spent over twenty years working with these victims and their families. If you or someone you love has been injured due to the negligence or malpractice of a doctor, call a South Florida personal injury attorney today at (305) 661-2008 for your free consultation. Don’t hesitate! Call today!

The Pembroke Pines malpractice attorneys at the Friedland | Carmona handle all types of motor vehicle accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including wrongful death, defective products, medical malpractice, slip and falls, and construction site injuries. Call the Miami personal injury attorneys today and let our family take care of your family!

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