On this page, our car accident attorneys will discuss Florida auto accident lawsuits. Our attorneys will explain some of the relevant areas of Florida law that apply in auto tort cases. We will also discuss how to calculate settlement value in accident cases and we will provide examples of recent settlements and verdicts from Florida accident cases.
Florida is a big state both in terms of population and geographical size. It has over 21 million residents, making it the third-most populated state in the U.S. Even though it is a large state geographically, it ranks 8th in population density, and most of the population is crammed into a handful of urban hubs, including Miami, Jacksonville, Tampa, and Orlando.
Given the size of Florida’s population, it is hardly surprising that the state sees a lot of car accidents and injuries. In 2023, there were a total of 394,456 police-reported vehicle accidents in the state. Nearly 3,500 people were killed in Florida car accidents last year and over 250,000 people were physically injured.
If you have a potential car accident claim in which the injuries are serious, call our lawyers today at 800-553-8082 or contact us online.
Florida Auto Accident Laws
Every Florida auto accident is governed by 3 separate areas of Florida law that could potentially be applicable: (1) tort law (which determines liability for injuries), (2) traffic laws or rules of the road, and (3) vehicle insurance laws. Florida’s traffic rules and the vehicle laws are set forth in the Florida statutory code. Below is a brief outline of all the key Florida laws that apply in car accident lawsuits.
Florida 4-Year Statute of Limitations for Car Accident Lawsuits
The deadline for filing a car accident injury lawsuit in Florida is set by Florida’s general 4-year statute of limitation for cases involving negligence. Florida Statutes § 95.11(3)(a) This law requires that anyone injured in a car accident must file their lawsuit within 4years of the date of the accident or the claims will be legally barred by the SOL. There are some very limited exceptions to this rule, such as when the plaintiff is a minor at the time of the accident. But for the most part, you should assume that 4-years is the maximum time you can wait to file suit.
No-Fault Insurance System
Florida operates under a no-fault insurance system, requiring drivers to carry Personal Injury Protection (PIP) insurance. This means that after a car accident, your own insurance policy will cover your medical expenses and lost wages regardless of who caused the accident. Each driver must have a minimum of $10,000 in PIP coverage, which pays 80% of necessary medical expenses and 60% of lost wages up to the policy limits.
Fault-Based Claims
Despite the no-fault system, Florida law allows drivers to sue the at-fault party if their injuries. But only if the injury is severe enough as defined by Florida statute. To step outside the no-fault system, the injuries from the car accident must result in significant and permanent loss of an important bodily function, permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death. This provision enables victims of severe accidents to seek full compensation for their damages.
Florida’s Comparative Fault Rule
In many auto accident cases, the defendant will allege that the plaintiff’s own negligence or violation of traffic rules was partly responsible for the accident. This is called a shared fault defense. In cases where a shared fault defense is presented, Florida follows the legal doctrine known as modified comparative fault. Under comparative fault, their percentage share of fault reduces a plaintiff’s damages. Below is an example to illustrate how this works in practice.
Let’s say Nancy is driving her Mercedes in Broward County. On her way through a busy intersection she hits Jim, a pedestrian. The jury finds that Nancy was 60% at fault, but Jim was 40% at-fault for not following the cross-walk signals. The jury awards $100,000 in damages to Jim. Jim’s damages will be reduced by 40% so he will only get $60,000.
Damages Available in Florida Car Accident Cases
Florida has some fairly strict caps on the maximum amount of damages that plaintiffs can receive in personal injury lawsuits. In most auto accident lawsuits, however, the damages never get high enough for these caps to apply. Notwithstanding the damage caps, plaintiffs in Florida auto accident cases are still entitled to pursue all of the general categories of damages available to tort plaintiffs, including:
- Medical Expenses: Florida law gives car accident plaintiffs the right to recover damages for all medical expenses related to injuries suffered in the accident. Compensation covers not only the medical costs you’ve already faced but also anticipated future expenses linked to injuries sustained in the incident. For instance, if a car accident injures your back and your physician recommends back surgery next year, the expense for that can be accounted for in your compensation.
- Lost Income: The plaintiffs are entitled to compensation for all lost income or wages resulting from injuries sustained in the car accident. This encompasses both previous lost income and anticipated future losses. For instance, if you sustain a permanent injury preventing work for the next six months or a year, you’re eligible for lost wages during that period.
- Pain & Suffering: In Florida, the law permits compensation to be granted for emotional distress and anguish stemming from injuries endured in a car accident. The extent of the injury’s severity and distress dictates the amount of compensation for pain and suffering. Should a case proceed to trial, the judge or jury evaluates and determines the damages for pain and suffering.
Six Factors to Calculate a Car Accident Settlement Amount in Florida
In Florida, determining the settlement amount after a car accident involves analyzing too many factor to count to calculate settlement payouts. But there are seven factors that predominate in most car accident lawsuits in Florida:
- Medical Expenses
One of the largest components of a settlement is the cost of medical treatment resulting from the accident. This includes both current and future medical expenses, such as hospital stays, surgeries, rehabilitation, and prescription medications. In Florida, personal injury protection (PIP) insurance covers up to $10,000 of medical expenses, regardless of fault. However, more severe injuries can result in higher claims that exceed the limits of PIP coverage. - Lost Wages and Earning Capacity
If the accident caused you to miss work or impaired your ability to earn in the future, you may be entitled to compensation for lost wages. This includes not only the income lost during recovery but also any long-term effects on your earning potential due to disabilities or permanent injuries. - Property Damage
Insurance companies believe there needs to be significant property damage to have injuries in the vehicle. Crash studies show this is false. But they use property damage as a marker for severity of injury. If you do not have property damage and you want the highest payout, you need to go to trial to get your full damage award. - Pain and Suffering
In addition to economic damages, Florida law allows for compensation for non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Pain and suffering is the biggest element of damages in almost every serious personal injury car accident claim in Florida. These damages are the deep toll the injury takes on someone’s life, including but beyond just the physical hurt. It’s the emotional struggle, the loss of joy in simple things, the sleepless nights, and the way life feels heavier because of what’s been taken away—whether it’s mobility, peace of mind, or the ability to fully live and enjoy moments with loved ones. - Insurance Coverage
The available insurance coverage plays a significant role in determining the settlement amount. You need enough coverage to satisfy your damages claims and too many car accident lawsuits in Florida lack a large enough insurance policy for the victim to get full compensation. - Severity of the Injury
The is the most important of all of the factors. The extent and permanence of the injuries sustained in the accident drive settlement amounts in Florida car accidents. Severe or catastrophic injuries such as traumatic brain injuries, spinal cord injuries, or permanent disabilities typically result in higher settlements to account for long-term care and lifestyle changes.
Florida Car Accident Verdicts and Settlements
Below are Florida car accident settlement amount and jury payout in recent lawsuits. Can you use these to calculate the settlement compensation for your claim? No. But they are instructive in better understanding the compensation ranges in different types of car accident lawsuits in Florida.
- $5,058,000 Verdict (Jacksonville 2024): A Florida state court jury awarded over $5 million to a teacher who sustained serious back and neck injuries in a 2022 vehicle collision. The plaintiff was traveling southbound on Highway 1 when a vehicle failed to yield, causing a T-bone collision. The injuries resulted in bulging and herniated discs, requiring ongoing pain management. The jury awarded nearly $30,000 for past medical expenses, $324,000 for future medical costs, and over $4.6 million for past and future pain and suffering. The defense had previously offered a $350,000 settlement, which was wisely declined.
- $110,000 Verdict (2024 Duvall): The plaintiff was stopped at a red light in Jacksonville when the defendant slammed into his vehicle from behind. The plaintiff claimed that he suffered permanent injuries to his back, shoulder and neck. The verdict included $75,000 in past and future medicals, but only $35,000 for pain and suffering.
- $8,500,000 Verdict (2024 Sarasota): A 40-year-old single mother of five suffered severe leg injuries after an unlicensed driver made an illegal lane change in a box truck, colliding with her motorcycle. The crash caused life-threatening blood loss and led to multiple reconstructive surgeries and physical therapy. Though Ms. Presha regained the ability to walk, she will require a brace for her limp and future knee replacements. Despite a $1.5 million pre-trial offer, the jury awarded her $8.5 million, including compensation for past and future medical expenses and pain and suffering.
- $662,000 Verdict (2023 Miami-Dade): The plaintiff, while fulfilling his duties as a tow truck driver, was struck by a non-party vehicle while clearing collision debris because of an alleged failure by a police officer employed by the defendant City of Miami to secure the accident scene. The plaintiff reported fractures of his right tibia and fibula, along with unspecified injuries to his neck, back, right knee, and left shoulder. He sued the Miami Police Department for negligence in securing the accident scene. The verdict included $220,000 designated for pain and suffering.
- $14,500 Verdict (2023 Alachua): A woman was rear-ended. She injured her neck, shoulders, and mid-back. The woman also suffered the aggravation of her pre-existing lumbar bulges and herniations. She alleged that the at-fault driver’s negligence caused her injuries.
- $20,000 Settlement (2023 Broward): The plaintiff, a minor, was a passenger in an SUV that was struck when the defendant negligently made a turn without yielding, leading to a collision. The verdict summary did not specify the plaintiff’s injuries.
- $1,200,000 Verdict (2023 Orange): The plaintiff alleged permanent injuries, including herniated discs, following a collision where the vehicle she was driving westbound was hit on the passenger side by a car attempting a left turn while exiting a convenience store in Orlando. She argued that the accident caused both temporary and permanent injuries. While the defendant admitted negligence, they contested the causation and extent of damages. The verdict awarded $1.2 million for past and future medical expenses.
- $286,000 Verdict (2023 Orange): The plaintiff stated that she was traveling westbound on a busy road heading towards Walt Disney World when the defendant’s vehicle collided with hers. According to reports, the defendant was driving eastbound near an intersection when he tried to make a left turn, resulting in the collision.
- $300,000 Verdict (2022 Sarasota): A 52-year-old man was rear-ended while stopped for a red light at an intersection. The man suffered C2-7 herniations. He sought physical therapy. The man sustained mobility problems and residual cervical and lumbar pain. He now used a cane. The man alleged that the at-fault driver’s negligence caused his injuries. A Sarasota County jury awarded $300,000.
- $140,000 Verdict (2022 Broward): The plaintiff asserted that the defendant, driving a rented vehicle, rear-ended his car, causing multiple injuries to his neck, back, and shoulder, including a herniated disc. A Broward County jury granted $140,000 in compensation.
Hire a Florida Car Accident Lawyer
The personal injury attorneys at Miller & Zois can help you with your Florida car accident lawsuit. We work with local counsel in Florida at no additional cost to our clients to deliver the maximum possible compensation for your case. Contact us today at 800-553-8082 or contact us online.