How Personal Injury Settlements Are Calculated in Florida
If you’ve been hurt in an accident in Florida, one of the first questions you probably have is: how much is my case worth? That’s a completely understandable question, and the honest answer is that it depends on a number of factors. Florida law provides a framework for calculating personal injury settlements, but every case is different. Here’s what you should know about how these numbers are reached.
What Types of Damages Can You Recover?
Florida law allows injured victims to pursue two broad categories of damages: economic and non-economic.
Economic damages are the easier ones to pin down because they have a clear dollar value attached to them. These include things like past and future medical bills, lost wages, loss of future earning capacity, and the cost of ongoing care or rehabilitation. Non-economic damages are harder to quantify because they cover the human side of your suffering, things like physical pain, emotional distress, loss of enjoyment of life, and disfigurement.
Florida Statutes Section 768.81 governs how damages are apportioned in negligence cases, and it’s worth understanding how that affects your claim. Under Florida’s comparative fault system, your compensation can be reduced if you are found to be partially at fault for the accident. So if a jury determines you were 20% responsible, your total award would be reduced by that percentage.
Key Factors That Affect Settlement Value
No formula produces a settlement number automatically. Instead, insurance companies and courts weigh a combination of factors when evaluating what a case is worth:
- Severity and permanency of your injuries: More serious injuries that result in long-term or permanent limitations typically lead to higher settlements.
- Medical expenses: Both what you’ve already paid and what you’re expected to pay in the future are taken into account.
- Lost income: If your injuries kept you out of work or will limit your ability to earn in the future, that lost income factors in significantly.
- Impact on daily life: How has the injury changed your ability to work, care for yourself, or enjoy activities you once valued?
- Strength of the evidence: Clear liability, solid medical documentation, and credible witnesses all support a stronger claim.
- Insurance coverage available: The at-fault party’s policy limits can cap what is practically recoverable, even when a case is worth more on paper.
Ready to Find Out What Your Case May Be Worth? Talk to Our Team Today
Settlement calculations in personal injury cases involve real legal strategy, not just math. Understanding how Florida law applies to your specific situation, how to document your damages, and how to negotiate effectively with an insurance company can make a significant difference in what you ultimately recover.
If you’ve been injured, reach out to us at Boone & Davis. Our Fort Lauderdale personal injury attorneys have spent more than four decades helping injured victims in Broward County get the compensation they deserve. Contact us today for a free consultation by calling or reaching out online. You pay nothing unless we recover for you.
Source:
flsenate.gov/Laws/Statutes/2023/768.81
