The statutory caps for tort claims against the state of Florida, its agencies and political subdivisions will nearly double to $200,000 per person and $300,000 per incident or occurrence, effective Saturday. Undoubtedly this will invigorate the Florida plaintiff bar, which previously shied away from aggressively pursuing claims against governmental entities because of complicated pre-suit requirements. These requirements rendered the potentially deep pockets of sovereign entities less accessible than those of large corporations, landowners and other well-insured private entities.
Florida sovereigns have taken shelter under the relatively low damages cap set forth in Florida Statute section 768.28. Unchanged for the last 30 years, this statute has capped tort claims to $100,000 per person and $200,000 per incident or occurrence. Faced with these limits (absent post-judgment legislative action), the plaintiff bar has understandably been discouraged, albeit not entirely, from vigorously pursuing claims against governmental entities. To compound matters, consider the fact that the maximum recoverable attorney fees are currently 25 percent, counted toward the statutory cap — or $25,000 on counsel’s best day for the ordinary case — and such reluctance becomes understandable.
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