Are there caps on damages in wrongful death cases?
Asked in Miami, FL on November 22, 2024 Last answered on November 22, 2024It feels bad to think about this but I've heard that some states have caps on damages in wrongful death. Does this apply to our case where it was a car accident, and if so, what are the limits?
1 answer
Florida caps non-economic damages (such as pain and suffering) in wrongful death medical malpractice cases, but does not impose a cap on non-economic damages in other types of wrongful death cases, like car crashes and premises liability. Nor does Florida cap economic damages (like medical expenses, lost income, and funeral costs) in wrongful death cases of any kind. Punitive damages, however, are capped at three times the amount of compensatory damages or $500,000, whichever is greater. An experienced wrongful death attorney can review your specific case to determine whether any damage caps apply and help you seek the full amount of compensation available.
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