Administration Law. FS Statues to Mandate Wrongful Death victims family to pay 50% for quality of care improvement in nursing homes?

Until you or a loved one become the victim of negligence, most Floridians don’t realize the number of laws passed by our pro-business, anti-citizen legislature and Governor.  The Nursing on law is just one example of legislation intended to protect big business, by make it harder for victims to pursue claims. The nursing home legislation has numerous provisions limiting damages and attorney fees, as well as placing unreasonable burdens for proving claims. With regard to the punitive damage section you referenced, it places ALL the financial burden and risks in pursuing the case on the victim’s lawyer. After devoting countless hours and funds into the litigation, if successful, half the total amount of punitive damages goes to the fund.  The fund does not even have to pay its share of the attorney’s fees or costs for recovering this money (i.e., the lawyer is giving away half his fee and the victim pays all the costs, not just its share).  Since compensatory damages for elderly victims can be very limited, having to turn over half the punitive damage award, without consideration of the costs involved, can discourages lawyers from getting involved. The law does require the State to investigate any cases where punitive damages are awarded, but these agencies are understaffed, underfunded and headed by appointees of our pro-business Governor. As the expression goes, elections have consequences.