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. 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.
Below are summaries of recent settlements and verdicts from actual Florida personal injury cases.
The statute of limitations for personal injury cases in Florida has undergone significant changes. Before March 24, 2023, individuals had four years from the date of the incident to file a lawsuit seeking compensation for their injuries. However, with the enactment of House Bill 837 on March 24, 2023, this period has been reduced to two years. This means that if someone is injured due to another’s negligence, they now have two years from the incident date to file a lawsuit. Failure to do so within this timeframe will result in the case being time-barred, preventing legal action.
It’s important to note that there are exceptions to this rule. For instance, if the injury was not discovered immediately, the statute of limitations may be extended. Additionally, if the injured person is a minor, the statute of limitations may be tolled until they reach the age of 18. See Florida Statute § 95.11.
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.
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.
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.
In Florida, the statute of repose for medical malpractice cases sets an absolute deadline of four years from the date of the alleged malpractice, irrespective of when the injury was discovered. This means that even if the harm becomes apparent years later, a medical malpractice lawsuit cannot be initiated more than four years after the incident. However, there are exceptions: if fraud, concealment, or intentional misrepresentation by the healthcare provider prevented the discovery of the malpractice, the statute of repose may be extended up to seven years. Additionally, for minors under the age of eight, the statute of repose does not bar an action brought on their behalf before their eighth birthday.
There is a special statute of limitations for suing the perpetrator in a sex abuse lawsuit in Florida. Victims who were minors when the abuse took place have up to 7 years after reaching the age of majority (18) to file a lawsuit, extending their legal window until their 25th birthday. If the sexual abuse occurred after the victim turned 18, they have 4 years after leaving the dependency of the abuser or 4 years from the time they “discover” they were injured by the abuse, as per Fla. Stat. § 95.11(7).
The problem is that compensation for sexual abuse lawsuits rarely comes directly from the perpetrator. Lawsuits against institutions enabling the sexual abuse typically fall under negligence claims, subject to a two-year statute of limitations. So while a lawsuit against an individual abuser could be pursued later, claims against negligent institutions, such as churches, may be barred by the statute of limitations.
The Florida Wrongful Death Act §§ 768.16-768.26, Fla. Stat. is designed to provide a path to compensation for wrongful death from the survivors to the wrongdoer. Unlike most states, it consolidates two previously separate causes of action—statutory wrongful death and survival claims—into a unified claim that allows survivors to seek compensation for the losses they endure due to the decedent’s death. The Act includes claims for economic damages, such as lost financial support and funeral expenses, as well as non-economic damages, including pain and suffering for surviving family members.
The Florida Supreme Court recently clarified the definition of “surviving spouse” in a mesothelioma lawsuit, holding that even a spouse who marries the decedent after the onset of the injury qualifies as a surviving spouse and may recover these damages. This decision rejected the common-law “marriage before injury” rule, emphasizing that the wrongful death claim is an independent statutory cause of action that accrues upon the decedent’s death, distinct from common-law personal injury claims.
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.
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 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 are 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.
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.
In March 2023, Florida enacted a new cap on non-economic damages in medical malpractice cases, setting limits on the compensation that plaintiffs can recover for pain and suffering, mental anguish, and loss of companionship.
Specifically, the law caps non-economic damages at $500,000 for claims against practitioners (like doctors) and $750,000 for claims against non-practitioners (such as hospitals or other healthcare entities). In cases of extreme injury resulting in a permanent vegetative state or death, the caps increase to $1 million for practitioners and $1.5 million for non-practitioners. These caps apply only to non-economic damages. So economic damages, such as medical expenses and lost wages, remain uncapped and can be fully recovered by the plaintiff.
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