Does Florida Have a Cap on Personal Injury Cases?

When pursuing a personal injury claim in Florida, one question that often arises is whether the state imposes caps on damages. Damage caps are limits placed on the amount of compensation a plaintiff can recover in certain types of cases, typically for non-economic damages such as pain and suffering or punitive damages.

While Florida does not have a general cap on personal injury damages, there are specific circumstances and types of cases where caps may apply. This blog will break down the types of damages, when caps may come into play, and what you need to know if you’re pursuing a personal injury claim in Florida.

Types of Damages in Personal Injury Cases

In a personal injury case, compensation is typically divided into three categories:

1. Economic Damages

These are measurable financial losses resulting from an accident or injury, such as:

• Medical bills (past and future)
• Lost wages
• Loss of earning capacity
• Property damage

Florida generally does not impose caps on non-economic damages in personal injury cases, with some exceptions (detailed below).

2. Non-Economic Damages

These damages compensate for more subjective losses, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship

Florida generally does not impose caps on non-economic damages in personal injury cases, with some exceptions (detailed below).

3. Punitive Damages

Punitive damages are intended to punish a defendant for gross negligence or intentional misconduct and to deter similar behavior in the future.

Are There Caps on Non-Economic Damages in Florida?

For most personal injury cases, Florida does not enforce caps on damages. However, notable exceptions include:

Claims Against Government Entities

Under Florida Statute § 768.28, the state and its subdivisions (such as counties, municipalities, and certain government agencies) enjoy sovereign immunity protections, which limit the amount of compensation a plaintiff can recover. This applies to personal injury claims involving government-operated services, such as public hospitals or law enforcement.

The caps for claims against government entities are as follows:

• $200,000 per individual
• $300,000 per incident, regardless of the number of claimants

These caps apply to both economic and non-economic damages, significantly limiting recovery in cases involving government-related negligence.

If a victim’s damages exceed these caps, they may petition the Florida Legislature for additional compensation through a claims bill. However, this process is often lengthy, uncertain, and rarely successful.

Public Hospital Claims

Public hospitals, as government entities, are also protected under Florida Statute § 768.28. If a hospital owned or operated by a government entity is responsible for medical malpractice or another form of negligence, the same caps of $200,000 per individual and $300,000 per incident apply.

Police-Related Matters

When injuries result from law enforcement actions, such as wrongful shootings, vehicular accidents involving police vehicles, or misconduct, sovereign immunity protections often limit recoverable damages to the statutory caps mentioned above. Claims against police departments or other law enforcement agencies must also adhere to strict procedural rules, including shorter statutes of limitations and mandatory pre-suit notice requirements.

Are There Caps on Punitive Damages in Florida?

Florida imposes specific limits on punitive damages under Florida Statute § 768.73:

• Three times the amount of compensatory damages or $500,000, whichever is greater.
• In cases where the defendant’s misconduct was motivated primarily by unreasonable financial gain and the defendant knew their actions were likely to cause harm, the cap increases to four times the compensatory damages or $2 million, whichever is greater.

Exceptions to Punitive Damage Caps:

• If the defendant engaged in intentional harm, such as assault or fraud, punitive damage caps may not apply.
• Punitive damages are not recoverable in cases involving government entities due to sovereign immunity protections.

Frequently Asked Questions About Damage Caps in Florida

Q1: Do caps apply to car accidents caused by government employees?

Yes, if the at-fault driver is a government employee operating a vehicle for work purposes, the $200,000/$300,000 sovereign immunity cap applies.

Q2: Can I sue a government agency for pain and suffering?

Yes, but the total recovery (including economic and non-economic damages) is capped at $200,000 per person or $300,000 per incident.

Q3: What happens if my damages exceed the cap for government entities?

You can petition the Florida Legislature for additional compensation through a claims bill, but success in these cases is rare.

Q4: Do punitive damages apply to cases involving public entities?

No, punitive damages cannot be recovered in claims against government entities due to sovereign immunity protections.

While Florida does not impose broad caps on personal injury damages, exceptions exist, particularly for claims involving government entities, punitive damages, and specific statutory protections. Understanding these caps is critical to navigating your case successfully.

At Flanagan & Bodenheimer, our experienced attorneys can help you understand how damage caps might impact your personal injury claim and develop a strategy to maximize your compensation. Contact us today at 305-638-4143 for a free consultation and let us fight for the justice you deserve.