Saunders Law Group

April 2014 Archives

Florida Supreme Court Removes Damage Caps from Wrongful Death Cases

Earlier this month, the Florida Supreme Court repealed a 2003 law that placed limits on financial awards in wrongful death suits. Previously, families could receive no more than $1 million in non-economic damages for wrongful death cases resulting from medical malpractice, regardless of the number of claimants. (Non-economic damages are intangible costs that can be difficult to quantify, such as pain and suffering, loss of enjoyment of life and permanent impairments.) Supporters of the former law claimed it was a crucial tool for limiting rising insurance rates in an effort to keep more doctors in the state.

Florida's Wrongful Death Law Explained

When someone dies as a result of another's negligence (where "another" may refer to either an individual or an institution), the surviving members of the family have the right to file a wrongful death suit. Similar to medical malpractice, these suits try to obtain compensation for items such as lost wages, funeral expenses, and the most difficult to define category - pain and suffering.

Determining Fault in a Slip and Fall Case

With such a straightforward name, the definition of "slip and fall" seems pretty obvious. But what about the legal definition? A slip and fall case is an example of a tort - a civil wrong that unfairly causes someone else to suffer loss or harm, resulting in legal liability for the person "committing" the act. In a slip and fall, the victim claims makes a claim that the property owner was negligent in permitting a dangerous condition to exist.

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Bartow, FL 33830

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