Fla. Appeals Court Strikes $1M Personal Injury Damages Cap

Law360, Miami (July 1, 2015, 6:58 PM EDT) -- A year after the Florida Supreme Court deemed the state's $1 million statutory cap on wrongful death noneconomic damages from medical malpractice unconstitutional, a state appeals court on Wednesday extended that decision to personal injury medical malpractice cases.

In a unanimous decision, a three-judge panel from Florida's Fourth District Court of Appeal ruled that the Florida Supreme Court's determination in Estate of McCall v. United States that the cap on noneconomic damages in wrongful death cases was unconstitutional should be extended to include personal injury cases as well.

“Although defendants attempt to distinguish the caps in wrongful death cases from those...

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