Generally, there are two types of damages available in personal injury cases: economic damages and noneconomic damages. Economic damages compensate an injured person for things like lost wages, property damage, and medical expenses. Noneconomic damages provide remediation for pain and suffering, loss of consortium, and similar losses.
Several years ago, the Florida legislature passed a statute that placed a cap on noneconomic damages in medical malpractice cases. Recently, the statute supreme court was called upon to determine whether the cap could be applied retroactively.