766.209 Below is information regarding the failure to accept or offer a voluntary binding arbitration in the sunshine state:
(1) A voluntary binding arbitration should not surpass the right of anyone to have a jury trial because it serves as an alternative to a jury trial.
(2) The claim shall go to trial if neither the defendant or plaintiff requests or agrees to a voluntary binding arbitration, or to any other legal alternative that is available like an offer of settlement under s.45061 or demand and offer for judgment under s.768.79.
(3) If the voluntary binding arbitration of the claimant is refused by the defendant:
(a) The claim would end up going to trial, and once medical negligence has been proven by the claimant, the claimant will be entitled to recover damages with limitations mentioned in s.766.118, up to 25% of attorney’s fees reduced to present value and prejudgment interest.
(b) The award that shall be determined during trial shall be reduced by the damages that the claimant recovered through co-defendants in arbitration.
(4) If the defendants offer to enter voluntary binding arbitration is rejected by the claimant:
(a) Damages awarded should not exceed $350,000 per incident for noneconomic and economic damages at trial. The conditional limit set on noneconomic damages is acceptable by the Legislature when the claimant refuses to accept arbitration and demonstrates an appropriate equilibrium between those patients who are injured and those patients who pay as a result of medical negligence.
(b) Economic damages shall be award to the reduction of present value, which includes, but are not restricted to the following damages: medical care fees from the past and future, wages that were lost up to an 80%, and earning the capacity loss, of which the source payments for collateral would be balanced.
(c) In accordance with s.766.202(9), damages for future economic losses shall be balanced by source payments for future collateral and shall be deemed to be paid periodically.
(5) Jury trial shall progress in an agreement with the existing principles of law.