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Florida Constitution Revision Commission

PUB 700031: Claimant's Right to Fair Compensation - Adding Personal Injury Claims by David Dweck

ARTICLE I: DECLARATION OF RIGHTS, Section 26. Claimant’s right to fair compensation.

SECTION 26.Claimant’s right to fair compensation.
  1. Article I, Section 26 is created to read "Claimant's right to fair compensation." In any medical liability claim involving a contingency fee or in any personal injury claim involving a contingency fee, the claimant is entitled to receive no less than 70% of the first $250,000.00 in all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants. The claimant is entitled to 90% of all damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This provision is self-executing and does not require implementing legislation.
  2. This Amendment shall take effect on the day following approval by the voters.