DWOP and Cap Question

If I dismiss a pre-damage cap case and refile is the cap triggered?

Answer: On its face, the statute applies to any case filed on or after the effective date, November 1, 2011. However, that causes a significant constitutional program since a statutory amendment generally cannot be applied to a cause of action in existence when it becomes effective. In any event, the statute is almost certainly unconstitutional. That having beensaid, if the question is, should you dismiss and refile, the answer clearly is "no." That will just inject an issue into your case which might diminish settlement value.