Florida Supreme Court: Damage Caps that Limit Plaintiff’s Recovery are Unconstitutional. Case of First Impression in West Palm Beach Upholds New Damage Doctrine.

Do you know what damages are?   West Palm Beach trial courts award damages in the form of money to plaintiffs who can succeed on the merits and prove up to the jury? Are you prepared to get the maximum amount of damages? A new case out of the Florida Supreme Court has finally been applied in West Palm Beach – do you know how to maximize your award in a medical malpractice action?

Wrongful Death / Medical Malpractice Damage Caps- Unconstitutional

• Experienced Palm Beach litigators can tell you tort reform is on the rise.
• Do you know what that means?
• Legislatures are limiting the avenue that injured Palm Beach plaintiffs have to collect from those that harmed them.
• Does that sound fair to you?
• It seemed unfair to the Florida Supreme Court, which is why they struck down several damage cap statutes.
• The Court said these statutes denied the injured parties a property right without due process of law.
• If a jury thinks you were damaged why should the legislature be able to tell you how injured you are?
• So what happens if you were caught in what I like to call legal limbo?
• In other words what if you had a jury award reduced based on the statute before it was deemed unconstitutional?
• Can you appeal?
• That is what one set of plaintiffs did in this landmark case out of the Fourth District Court of Appeal, learn more below.

North Broward Hospital v. Kalitan et. Al.

• The court consolidated several cases because they all had the same issue – what to do with awards that were reduced before the statute was deemed unconstitutional.
• The court reversed the trial award in those regards.
• Do you agree with that result?
• How should the court handle these legal limbos?
• Did you have an award reduced pursuant to this unconstitutional statute?
• You may be able to appeal, but do you know how?
• Experienced Palm Beach probate litigators are prepared to win appeals, but time is of the essence.
• Florida appeals courts do not want to hear stale cases and if you sit on your rights you run the risk that you will not be able to exercise them.

Want to learn more?

Check out the entire case by clicking here.