West Palm Beach injury lawyers

Are Florida Personal Injury Lawsuits Subject to Damage Caps?

March 20, 2024 | by David J. Halberg, Esq.

Trying to figure out how much your Florida personal injury lawsuit may be worth? It’s typically one of the first questions West Palm Beach injury lawyers are asked. Many factors are weighed in the answers we give, and one of those is the possibility of damage caps. West Palm Beach personal injury lawyer

“Damages” is legalese for the amount of money paid to someone who has been wronged by another. A damage “cap” is a cutoff, the maximum amount a person can receive for certain types of damages. There are two main types of damages in Florida personal injury cases: Compensatory and punitive. Compensatory damages are paid to compensate an individual for their losses. (Within compensatory damages, there are economic damages, which are actual financial losses like medical bills, lost wages, etc., and then there are non-economic damages, which are for non-tangible impacts like pain and suffering and mental anguish.) Punitive damages are paid to punish the wrongdoer for especially egregious conduct.

Generally speaking, Florida doesn’t impose damage caps on economic damages, but does for punitive damages and some types of non-economic damages. However, this assertion comes with a few caveats. Certain types of claims against certain defendants may be subject to caps on economic damages as well. With some claims, non-economic damages aren’t even considered — and punitive damages are usually a long-shot.

Working with an experienced West Palm Beach injury lawyer can help ensure you receive the maximum among of fair compensation allowable under Florida law.

Non-Economic Damages in Car Accident PIP Claims

When it comes to auto insurance, Florida is a no-fault state. That doesn’t mean you can’t sue a driver who caused a crash that resulted in serious injuries. You can – often collecting both economic and non-economic damages (though rarely punitive damages, unless it was a DUI case). But it does mean most injured drivers/passengers are first going to have to file a claim with their own personal injury protection (PIP) insurer.

Per F.S. 627.736, PIP provides coverage for a portion of your economic damages – namely medical bills and lost wages – up to $10,000. It also offers up to $5,000 in death benefits. However, it does not cover non-economic damages, such as pain and suffering and emotional distress. (Injured motorcyclists won’t have access to PIP coverage at all.)

Damage Caps on Tort Claims Against Government Defendants

Third-Party Liability for Work Injuries Highlighted in Acrobat Injury Settlement

January 4, 2021 | by David J. Halberg, Esq.

Eight acrobats who suffered life-altering injuries in a 2014 circus accident in which they fell 20 feet while hanging from their hair reached a $52 million settlement last month with the owner of the arena where it occurred. Notably, the Florida-based circus that employed them was not named as a defendant in that case. West Palm Beach injury lawyer

As our South Florida injury lawyers can explain, much of that has to do with the fact that state workers’ compensation laws stipulate that workers’ comp insurance is the exclusive remedy against an employer for work-related injuries. That doesn’t necessarily mean people who are seriously injured on-the-job don’t have alternative claims against third parties. This type of claim is more common in hazardous professions like construction, truck driving, warehousing, nursing, etc., where workers are often contracted to work at that location by another company. Continue reading

West Palm Beach Injury Lawyers Talk Top 4 Florida Injury Lawsuit Myths

September 19, 2020 | by David J. Halberg, Esq.

People are hurt every day in Florida in all different kinds of accidents. For example, there are nearly 700 people are injured in Florida car crashes every day. An average of 1.2 boating accident injuries occur in Florida daily. Nationally, there are approximately 30 million injuries every year due to unsafe consumer products. These are just a few examples, but despite the commonality, there remains a great deal of misunderstanding about personal injury claims. West Palm Beach injury lawyers

Our West Palm Beach injury lawyers are writing today to help clear up some Florida injury lawsuit myths. Continue reading

5 Things to Know Before Filing a Florida Injury Lawsuit

August 5, 2020 | by David J. Halberg, Esq.

Most people who file a Florida injury lawsuit are brand new to the process. They may have never given the notion a second thought – until something happened to them. Our West Palm Beach injury lawyers understand the prospect can feel overwhelming. Our goal as trusted civil trial lawyers is not only to fight for a fair resolution to your claim, but also to guide you through every step as painlessly as possible.

Although every civil injury lawsuit is different, there are a few frequently asked questions and common issues that arise early on.

Here, we’re offering the first five things to know before filing a Florida injury lawsuit. Continue reading