Florida High Court To Address State Law Capping Damages
Zephyrhills, FL (Law Firm Newswire) December 9, 2011 - A November Florida Supreme Court decision may pave the way for the court to strike down caps on pain and suffering damages. The court is expected to hear a case in February that directly addresses the state law capping damages.
The February case deals with a woman who died after childbirth in 2006. The mother lost too much blood and the woman’s family filed suit in federal court because the incident happened in an Air Force clinic. The court awarded the family $2 million in damages, but then limited it to $1 million because of Florida’s statute.
“This case should be an opportunity for Florida’s high court to finally eliminate restrictions placed on pain and suffering damages,” said Zephyrhills personal injury attorney Robert Alston. “Because this is a wrongful death case tried in Federal Court where the family was awarded twice as much as Florida allows, the Florida Supreme Court will be forced to deal with the discrepancy in our law.”
The court’s November decision allowed uncapped damages in another wrongful death suit because the incident happened before the law was passed. The lawsuit was filed after the new law, but the court held that the damages should be uncapped since the incident happened at a time before the law.
There are plenty of interested parties hoping that the court strikes down the law or even eliminates just part of the law restricting damages. The Florida Justice Association and Floridians for Patient Protection both filed amicus curiae briefs this summer.
“This is a law that restricts people’s rights to be compensated when they have been wronged by another party,” Alston said. “I sincerely hope the Florida Supreme Court overturns this law.”
Alston & Baker, P.A.
5518 Seventh Street
Zephyrhills, Florida 33542
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