Florida sees a very high rate of personal injury lawsuits compared to other states. Approximately 127 personal injury cases are filed annually for every 100,000 Floridians. This rate is over 1,200% higher than the national average of around 10 cases per 100,000 people. With so many claims in Florida, it’s important to understand how to maximize your settlement or award.

The amount of compensation depends on factors like injury severity, accident type, available insurance, location, attorney skill, insurer reputation, and ongoing treatment status. Evaluating these as they apply to your specific case and working with an experienced Florida attorney can help you pursue the maximum settlement you deserve.

Severity of Injuries

A major factor is how severe your injuries are. More serious injuries that lead to high medical bills, lost income, and ongoing treatment will result in larger settlements. For instance, car crash settlements in 2020 were often between $20,000 and $25,000. But severe injuries such as spinal cord damage or head trauma sometimes exceeded $1 million. The more evidence you have demonstrating the full impact of the injuries on your life, including how they affect your ability to work and enjoy daily activities, the stronger your case will be. Documenting both economic and non-economic damages is key.

Type of Accident

The type of accident also has a big effect. According to Mark Roman, a Clearwater personal injury lawyer: “certain accidents like medical malpractice are harder to prove fault, frequently resulting in lower settlements. Car accidents often have higher settlements as liability is easier to establish.”

For cases that reach trial, plaintiffs’ success rates vary greatly by case type. Rates range from 19% for medical malpractice to 38-50% for product liability, premise liability and intentional harm. For auto accidents, the success rate is 61%. The more clearly you can demonstrate negligence, the higher potential settlement.

Insurance Coverage

The defendant’s insurance coverage is also key. Florida law requires drivers to have at least $10,000 in injury protection and $10,000 in property damage coverage. But many carry more. The at-fault party’s policy limit often caps what the insurer will pay. So higher limits allow for larger settlements. That’s why underinsured and uninsured coverage matters. Maximize your settlement by identifying all potential insurance policies that could provide coverage.

Comparative Negligence

Florida follows comparative negligence. If you are partially at fault for the accident, your compensation decreases by your percentage of fault. So, if you are 25% responsible, your settlement drops 25%. This doctrine lowers the total value. Your attorney’s ability to minimize findings of any comparative negligence on your part will lead to higher settlements.

Location

Where the accident occurred impacts value too. Compensation for the same injuries can vary greatly by county. Urban counties with larger populations like Miami-Dade often yield higher settlements than rural counties. Local costs of living and healthcare also affect value. Your lawyer should have a deep understanding of settlement values typical for your area.

Your Personal Injury Lawyer’s Skill

An experienced personal injury attorney with a track record of successful settlements and verdicts will get you maximum compensation. They understand proving liability, maximizing damages, negotiating with insurers, and taking cases to trial when needed. Inexperienced attorneys often settle for less. Selecting an attorney with decades of relevant experience can make a major difference.

Insurer Reputation

Large national insurers have more resources to mount aggressive legal defenses, while local companies are often more willing to settle. An insurer’s reputation for claim payments in the area affects settlement offers. Companies known for fighting claims typically pay less. Researching the insurer’s local reputation and past case history can provide useful insight.

Ongoing Treatment

If treatment is still underway during settlement talks, the offer decreases due to uncertainty. More uncertainty means lower offers from insurers and jury verdicts. Settling after maximum medical improvement has been reached leads to higher settlements.

These major factors shape the potential value of a Florida injury settlement. Understanding how they apply to your specific case and working with an experienced attorney can help maximize your compensation.