There were 380,017 crashes in Florida during 2024, 4,178 fatal falls in 2022, and 307 fatal workplace injuries that same year. When someone is injured due to the negligence or wrongful actions of another party in Florida, they may be entitled to receive compensation through a personal injury settlement.
The settlement amount will depend on many factors that help determine the overall value of the claim. Zachary Leacox, an experienced personal injury attorney in Orlando, shares some key factors that can impact personal injury settlement values in Florida.
Type and Severity of Injuries
One of the most significant factors affecting a personal injury settlement value is the type and severity of injuries sustained. More severe injuries that result in ongoing medical treatment, loss of income, disability, or diminished quality of life will warrant higher settlement values.
Minor soft tissue injuries typically have lower values. Severe injuries like brain damage, paralysis, or fatalities have very high values. The type of injury is also necessary, with traumatic brain injuries, spinal cord injuries, and severe burns often resulting in larger settlements than other injury types. 20.1 people per 100,000 die from a traumatic brain injury in Florida.
Liability and Negligence in Your Personal Injury Case
The ability of a personal injury attorney to prove negligence and liability is crucial for obtaining a favorable settlement. Clear evidence that the other party was negligent and primarily at fault for the accident and injuries will strengthen the case.
If liability is disputed or there is potential shared negligence, the settlement value may be lower. Strong evidence of recklessness or intentional misconduct by the other party can increase settlement potential. The experience and reputation of the personal injury attorneys involved will also impact liability assessments.
Medical Costs Related to Your Injury
All past and future medical costs related to the accident and injuries will factor into the personal injury settlement value. This includes emergency care, hospitalization, surgery, medications, assistive devices, rehabilitation, and ongoing care. Plaintiffs must provide evidence and documentation to substantiate both past medical expenses already incurred and potential future medical costs. Higher medical costs and life care plans will yield higher settlements.
Lost Income
The plaintiff’s lost income due to being unable to work during recovery and treatment will impact the personal injury settlement amount. On average, a car accident victim loses $10,000-$15,000 in income, which can be much higher. Documented lost wages, reduced income, and loss of future earnings capacity are all included. Those with higher incomes or permanent impacts on their ability to work will likely seek higher settlements for lost income damages. Vocational assessments may establish long-term income loss from disabilities.
Pain and Suffering
Damages for the plaintiff’s physical and emotional pain and suffering are a standard part of injury settlements. These general damages are more subjective, based on the injuries’ severity and impact on one’s life. Juries tend to award more for pain and suffering when there is ongoing treatment, permanent impairment, or disabilities present. The plaintiff’s testimony about how the injury affected their life is important for evaluating pain and suffering.
Comparable Verdicts and Personal Injury Settlements
Reviewing other recent verdicts and settlements for similar injury cases in the same jurisdiction provides a benchmark for valuing a claim. Both plaintiff and defense attorneys will study comparable cases to help establish a reasonable settlement range based on precedents.
Factors like liability, damages, parties, venue, and testimony in prior cases help value current instances.
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