Are You in the Middle of a Personal Injury Settlement and Don’t Know What to Expect? It’s perfectly normal to feel uncertain during this process. These cases can be complex and overwhelming, but don’t worry—you’re in the right place. In this article, we’ll guide you through what to expect and how to navigate these types of settlements.
Understanding Florida Personal Injury Settlements
A personal injury settlement is essentially an agreement between the two parties involved: the plaintiff (the injured party) and the defendant. This process typically avoids going to court, which helps speed up resolution times. Now that we’ve defined the concept, let’s dive into the key factors that can influence the settlement amount.
Key Factors That Influence Your Settlement Amount
In cases involving a bodily injury settlement, the following factors play a significant role:
- The severity of the injury.
- The degree of fault of both the plaintiff and the defendant.
These two elements are critical, though other factors may also come into play. For instance, Florida Statute Section 768.81(2) and the 2023 Civil Liability Act Amendment outline that if the plaintiff is 50% or more at fault, they may lose their right to compensation.
Additionally, the more severe the injuries, the higher the potential compensation. Florida Statute Section 627.737 defines what qualifies as a serious injury, which could significantly impact your personal injury settlement.
Florida Personal Injury Claim Process
Understanding the factors that influence your bodily injury settlement is just the first step. Let’s look at the process of filing a claim in Florida.
Filing the Claim and Initial Negotiation
Florida Statute Section 95.11 sets a time limit for filing personal injury claims. If the claim isn’t filed within this window, the injured party loses their right to pursue compensation. Once the claim is filed, initial negotiations between the parties can begin.
Evaluation of Damages and Calculation of Compensation
As mentioned earlier, the severity of the injury directly affects the amount of the personal injury settlement. Medical reports are essential in determining the extent of the injury, its severity, and any potential long-term consequences. These reports, along with medical expenses, psychological damages, and the degree of fault, help calculate the total compensation amount.
Settlements vs. Litigation: Pros and Cons
There are two main paths to resolving personal injury claims: settlements and litigation.
- Settlements: Most cases are resolved through settlement because it’s quicker. However, the compensation amount is often lower compared to court verdicts.
- Litigation: While litigation can result in higher compensation, it takes significantly longer due to the complexities of court proceedings.
In most cases, a trial only happens if the parties cannot agree on a settlement amount.
Real-Life Personal Injury Settlement Examples in Orlando FL
Want to see how similar cases were resolved? Here are some real-world personal injury settlement amount examples to consider. One notable example is comedian Tracy Morgan’s case, where he secured a $10 million settlement. While high-profile cases like these are exceptions, they highlight how settlements are calculated based on the specifics of the injury and negligence involved.
Common Mistakes to Avoid When Filing a Personal Injury Claim
To ensure you maximize your compensation for personal injury, avoid these common pitfalls:
- Failing to seek immediate medical attention.
Delaying medical care can lead to questions about the severity of your injuries, potentially reducing or invalidating your claim. - Not consulting with a personal injury attorney.
Without legal guidance, you’re unlikely to secure a favorable outcome due to your lack of expertise in personal injury laws. - Accepting offers from insurers without consulting an attorney.
Insurers often offer low initial settlements. An attorney can negotiate on your behalf to secure a fair amount.
How Long Does a Personal Injury Case Take to Settle?
According to a study featured in “Personal Injury Settlement Guide and Examples (2025)” on the Consumer Shield website, the average time to resolve a personal injury settlement is approximately 468 days.
Factors Affecting the Settlement Period
Several elements can influence how long your case takes to resolve, including:
- The complexity of the case.
- The need to go to trial.
How Long Can a Lawyer Hold Your Settlement Check?
After a settlement is reached, the funds are typically held by your attorney for a short period to resolve outstanding claims. However, attorneys are required to distribute the funds promptly.
Important Legal Deadlines in Florida
Florida Statute Section 95.11 outlines a four-year deadline for filing personal injury claims. Additionally, once you sign the release, you might wonder, how long to get a settlement check after signing the release? While timelines vary, the check is generally issued within a few weeks.
How Personal Injury Lawyers Will Maximize Your Settlement
Hiring an attorney is the smartest move you can make to secure the best possible outcome for your case. An experienced orlando personal injury attorney understands Florida’s laws and uses them to your advantage. For example, if your injury was caused by speeding, your attorney could highlight how Florida law penalizes such behavior to strengthen your case.
Get the Compensation You Deserve with Louis Berk Law
At Louis Berk Law, our Orlando personal injury attorneys are committed to helping you secure the justice and compensation you deserve. Contact us today for a free case evaluation and let us guide you through your personal injury settlement process. Don’t settle for less—get the legal representation you need to maximize your compensation!