Waiver Of Constitutional Right Provided In Article I Section 26 (Medical Liability Clamants Compensation)

WAIVER OF THE CONSTITUTIONAL RIGHT PROVIDED IN ARTICLE I, SECTION 26 OF THE FLORIDA CONSTITUTION. The Florida Constitution Article I, Section 26 is created to read “Claimant’s right to fair compensation.” In any medical liability 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 This form allows a client to voluntarily waive specific rights related to contingency fees in medical liability claims, as established by the Medical Liability Claimant's Compensation Amendment (Amendment 3) approved in 2004. The client acknowledges the importance of the waiver, the option to consult separate counsel, and the agreement to an increased attorney fee beyond constitutional restrictions. www.FormsWorkflow.com