Florida Personal Injury Settlements and Law

As a victim of personal injury seeking compensation in Florida, it is natural to want to understand the potential range of settlement payouts for your case.  So this page analyzes Florida settlement statistics and how similar cases have been resolved in the state, offering settlement statistics and examples of settlements and jury awards to help you gauge the potential value of your claim.

But.. approach settlement statistics and sample settlements with caution. No cases are identical, even when they feel identical.   The factors driving the settlement payout of a case may not always be apparent in a case summary. Comparing cases and statistics can absolutely provide valuable information about the potential value of your claim – that is why we are providing example Florida settlement amounts and jury payouts for you.  Still, you need to consult a Florida personal injury attorney who can fit your case to all the variables to determine the range of your expected settlement payout range.

We also provide a detailed summary of the Florida personal injury law you need to know to better understand the rules governing your injury or wrongful death claim.

Settlement Value of Florida Personal Injury Cases

Obtaining accurate data on the average settlement value for personal injury cases in Florida (or any other state) is difficult simply because so many cases in the settlements are confidential and never get reported. We can, however, provide a summary of reported settlements and jury verdicts in Florida that are available in the Westlaw settlements & verdicts database. The bar graph below shows the amounts awarded in reported settlements or verdicts in Florida personal injury cases for 2022.

florida average injury settlements

Florida Settlements and Verdicts

Below are summaries of recent settlements and verdicts from actual Florida personal injury cases.

$2,800,000 Verdict (Miami-Dade County 2023): After a rear-end collision, a 19-year-old ex-college soccer player from Miami’s ASA College found herself facing ongoing neck and back issues that necessitated continuous chiropractic care and pain management. The three-day trial, focused solely on damages as the parties disputed the severity and lasting effects of the young woman’s injuries. The defense introduced surveillance footage of the young woman engaging in a soccer match following the accident. The victim’s accident lawyer argued that although she had the capability to participate in soccer, the persistent pain stemming from the accident had reduced her performance level and the enjoyment she previously experienced. The jury bought this argument, resulting in a $2.8 million verdict.

$7,800,000 Verdict (Broward County 2023):  The plaintiff slipped and fell in the bathroom at a Burger King, resulting in lower back issues requiring surgery,  including a postoperative perforated colon. The defendants offered a $200,000 settlement amount.

$309,794 Verdict (Alachua County 2023): The plaintiff was injured in a collision with the defendant at NW 8th Ave and 18th Street in Gainesville. The defendant disputed his liability for the accident and claimed that the plaintiff was at fault. The verdict included $200,000 for future medical expenses and $72,000 for past medical expenses.

$48,993 Verdict (Brevard County 2023): The plaintiff claimed the defendant rear-ended her with his dump truck while she was stopped at a red light. Plaintiff claimed that she suffered severe and permanent injuries due to the collision, including injuries to her cervical and lumbar spine. The jury declined to award future medical expenses and also found that the plaintiff had not sustained a permanent injury.

$50,235 Verdict (Leon County 2023): The plaintiff alleged that she slipped and fell at a movie theater while exiting her seat to the bathroom. She alleged that the theater was negligent in allowing debris to remain in the aisle. Verdict included $37,502 in past medical expenses.

203,000 Verdict (Sarasota County 2023): The plaintiff claimed to suffer right hip bursitis, aggravation or activation of right hip abnormalities, permanent impairment and low back pain after she was knocked over by falling boxes of cantaloupes while walking in the outdoor area of a market operated by the defendant.

$372,141 Settlement (Broward County 2023): A minor female suffered a skull fracture when the go-cart she was operating, belonging to the defendant companies and operated on the defendants’ amusement park racetrack, overturned. The plaintiff contended that the defendants were negligent for providing unsafe recreational premises, equipment, and safety procedures.

$23,600 Verdict (Miami-Dade County 2023): Female plaintiff claimed to suffer injuries, including facial lacerations when the elevator she was using, located in her apartment building, jolted a few times, causing the metal ceiling to collapse on top of her. Verdict only included $1,100 for medical expenses.

$341,000 Verdict (Citrus County 2023): This wrongful death medical malpractice case involved the death of a 55-year-old man after he reported to the hospital with coughing, shortness of breath, chest pain, nausea, and vomiting and was discharged. He died two days later from a heart attack. The lawsuit alleged that the doctors at the hospital negligently failed to recognize the signs of an impending heart attack.

Personal Injury Statute of Limitations

The statute of limitations for personal injury cases in Florida is four years from the date of the incident. Fla. Stat. § 95.11(3) This means that if someone is injured due to someone else’s negligence, they have four years from the date of the incident to file a lawsuit seeking compensation for their injuries. If they do not file within this time frame, their case will be time-barred, and they will not be able to pursue legal action.

It’s important to note that there are some exceptions to this rule. For example, if the injury was not discovered later, the statute of limitations may be extended. Additionally, if the person injured is a minor, the statute of limitations may be tolled until they reach the age of 18.

Discovery Rule

The discovery rule applies to cases where the injury was not immediately apparent. In these cases, the statute of limitations may be extended to give the injured party more time to file a lawsuit. The discovery rule is often applied in medical malpractice cases, where the injury may not be discovered until months or even years after the medical procedure.

Statute of Repose

The statute of repose limits the amount of time that can elapse between the date of the incident and the date on which a lawsuit can be filed, regardless of whether or not the injury was discovered. In Florida, the statute of repose for medical malpractice cases is four years from the incident date. This means that even if the injury was not discovered until years later, a medical malpractice lawsuit cannot be filed more than four years after the incident.

Malpractice Statute of Limitations

The statute of limitations for medical malpractice cases in Florida is two years from the date of the incident or two years from the date that the injury was discovered or should have been discovered. Fla. Stat. § 95.11(4) There is also a four-year statute of repose, which means that no matter when the injury was discovered, a medical malpractice lawsuit cannot be filed more than four years after the incident.

Malpractice Statute of Repose

The malpractice statute of repose is another time limit that applies specifically to medical malpractice cases. In Florida, the malpractice statute of repose is two years from the date of the incident or two years from the date that the injury was discovered or should have been discovered. This means that even if the injury was not discovered until years later, a medical malpractice lawsuit cannot be filed more than two years after the date of the discovery of the injury or more than four years after the date of the incident.

Comparative Negligence

Comparative negligence is a legal doctrine that allows for the allocation of fault in cases where more than one party may be responsible for an injury. In Florida, the comparative negligence rule determines the amount of damages that can be recovered in a personal injury case. If the injured party is found to be partially at fault for the injury, their damages may be reduced by the percentage of fault that is attributed to them.

Collateral Source Rule

The collateral source rule is a legal doctrine that allows a plaintiff to recover damages for their injuries even if they have already received compensation from another source, such as first-party (your own) insurance. In Florida, the collateral source rule applies to personal injury cases. This means that a plaintiff can recover damages from the defendant even if they have already received compensation from their insurance company or other sources.

For payments picked up by private insurers, plaintiffs can recover the total amount billed for past medical bills and the full amount anticipated to be required for ongoing medical care. Future medical expenses must be reasonably certain to be incurred, and there must be evidence to support their reasonableness. So privately insured plaintiffs may enter evidence of their past medical bills that the provider claims it is owed.

Florida law changed in 2015 when the Florida Supreme Court held that plaintiffs in Florida personal injury lawsuits may only submit into evidence at the trial of past medical bills actually paid by Medicare (or Medicaid). So, Florida courts now find that future Medicare or Medicare benefits is inadmissible in a personal injury case for a jury’s consideration of future medical expenses. The rationale is that future Medicare benefits are uncertain and constitute a liability due to the right of reimbursement that Medicare retains. But this does not apply to evidence of past medical expenses.

Expert Required in Malpractice Lawsuit

In Florida, an expert is required in a medical malpractice lawsuit to establish the standard of care expected of the healthcare provider and to show that the healthcare provider deviated from that standard of care, which caused the injury. The expert must be licensed in the same field as the healthcare provider sued.

Malpractice Damages Cap

Florida has a cap on non-economic damages in medical malpractice cases. Non-economic damages include pain and suffering, mental anguish, and loss of enjoyment of life. The cap is $500,000 per claimant, but it can increase to $1 million if the malpractice resulted in a permanent vegetative state or death.

Informed Consent Law

In Florida, healthcare providers must obtain informed consent from their patients before performing any medical procedure. Informed consent means that the patient must be informed about the risks and benefits of the procedure and any alternatives to the procedure. The healthcare provider must also obtain the patient’s consent before proceeding with the procedure.

If a healthcare provider fails to obtain informed consent and the patient is injured due to the procedure, the healthcare provider may be liable for medical malpractice. However, it’s important to note that just because a patient was not informed about a risk does not necessarily mean the healthcare provider was negligent. The healthcare provider must have also deviated from the standard of care expected of them in their field.

Dog Bite Liability

Florida is among those states that have adopted strict liability in dog bite injury cases. Fla. Stat. § 767.04 states:

Dog owner’s liability for damages to persons bitten.The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the dog’s owner by the percentage that the bitten person’s negligence contributed to the biting incident. 

This means that a dog owner will automatically be liable if their dog attacks someone, regardless of whether the dog has a history of aggression.

Premises Liability Law

Florida premises liability law deals with the legal obligations of a property to ensure that its premises are reasonably safe for visitors and guests. Most premises liability claims in Florida involve slip and fall claims.

In Florida, property owners must maintain their premises in a safe condition and to warn visitors of any hazards that are not obvious or would not be discovered by reasonable inspection. The duty of care owed by the property owner depends on the status of the visitor.

Product Liability Lawsuits

Florida product liability lawsuits involve claims by consumers who were injured by products that were defective or dangerous. Florida product liability claims are generally based on strict liability or allegations of negligence, such as when a manufacturer fails to exercise reasonable care in designing or manufacturing a product or in providing warnings or instructions.

Florida residents are bringing product liability lawsuits, including several national mass tort cases that our firm is currently accepting:

  • Tylenol autism lawsuit: there is a growing body of evidence showing that using Tylenol (acetaminophen) during pregnancy can increase the risk of autism or ADHD. This has prompted a growing class action lawsuit by parents of children with autism and ADHD.
  • Paraquat Parkinson’s Disease Lawsuit: Paraquat is weed killer used in commercial farming. New research linking Paraquat to Parkinson’s disease has led to a large wave of product liability lawsuits.
  • Camp Lejeune Lawsuit: A new law allowed individuals exposed to the toxic water at the Camp Lejeune marine corps base in North Carolina to file claims for compensation.

Hiring a Florida Personal Injury Lawyer

Our firm handles serious injury and wrongful death lawsuits in Florida, working with trusted colleagues in the state.  We compensate your Florida lawyers –  and we are working with the best – out of our attorneys’ fees.  You pay no additional contingency fees for having two law firms instead of one.  And you only owe a fee if you get settlement compensation or a jury payout for you.

If you were hurt and believe you have a potential civil tort claim, click here for a free no-obligation consultation or call us today at 800-553-8082.

Contact Information