How Personal Injury Settlements Work in Florida

What Accident Victims Need to Know About the Settlement Process

When you’re injured in an accident due to someone else’s negligence, your life can quickly be turned upside down—physically, emotionally, and financially. Fortunately, Florida personal injury law allows victims to pursue compensation through settlements, often without ever going to trial.

At Cohen Injury Law, led by attorney Zach Cohen, we help Florida accident victims understand their rights and fight for the compensation they deserve. Here’s a complete guide to how personal injury settlements work in Florida, so you can move forward with confidence.

What Is a Personal Injury Settlement?

A personal injury settlement is a financial agreement between an injured person (the plaintiff) and the party legally responsible (the defendant or their insurance company). Instead of going through a lengthy trial, both parties agree on a compensation amount to resolve the claim.

Most personal injury cases in Florida—whether from car accidents, slip and falls, or medical malpractice—are resolved through settlements rather than court verdicts.

How the Personal Injury Settlement Process Works in Florida

Here’s a general overview of how personal injury settlements typically unfold in Florida:

1. Initial Investigation

Once you hire a personal injury attorney, they will investigate your case by gathering:

• Police or incident reports
• Medical records and bills
• Photographs, videos, or surveillance footage
• Witness statements
• Insurance information

If you’re dealing with a motor vehicle accident, check out our Auto Accidents and Trucking Accidents pages to learn how we investigate these cases.

2. Demand Letter

Your attorney will send a demand letter to the at-fault party’s insurer. This letter includes:

• A summary of the accident
• Description of injuries
• Medical treatment and costs
• Lost wages and other losses
• A proposed settlement amount

This starts the negotiation process.

3. Negotiation

The insurance company may respond with:

• A counteroffer
• A denial of liability
• A request for more documentation

This back-and-forth may take weeks or months, depending on the complexity of the case. Cohen Injury Law negotiates aggressively to secure the maximum payout without delay.

4. Settlement Agreement

Once both sides agree on an amount, the terms are put in writing. You’ll sign a release of liability, which means you agree not to sue the other party in the future regarding the same incident.

5. Payout Distribution

The insurance company issues the settlement payment. Your attorney will:

• Deduct legal fees (if working on contingency, as we do)
• Pay any outstanding medical liens or expenses
• Distribute the remainder to you

We explain this process in more detail on our blog: How Are Personal Injury Settlements Paid Out in Florida?

How Long Does It Take to Reach a Settlement in Florida?

There’s no one-size-fits-all answer. Some cases settle in a few months; others may take over a year. Factors include:

• The severity of your injuries
• Whether liability is disputed
• Willingness of the insurance company to negotiate
• Whether a lawsuit is filed

If a fair settlement cannot be reached, Zach Cohen is ready to take your case to court.

What Damages Are Included in a Florida Personal Injury Settlement?

A fair settlement should cover all economic and non-economic damages, such as:

• Medical bills (past and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Loss of enjoyment of life
• In wrongful death cases: funeral costs and loss of companionship

Explore more on our Wrongful Death page if you’ve lost a loved one due to negligence.

Florida’s Comparative Fault Rule

Under Florida’s modified comparative negligence rule (as of March 2023), if you are more than 50% at fault, you cannot recover compensation. If you’re 49% or less at fault, your settlement will be reduced by your percentage of fault.

Example: If you are awarded $100,000 but found 20% at fault, you’d receive $80,000.

We cover this in more detail on our blog about What if I Was Partially at Fault for the Accident?

Speak to a Florida Personal Injury Lawyer Today

Don’t navigate the legal process alone. At Cohen Injury Law, we handle every step of your personal injury claim—from investigation to negotiation to litigation—so you can focus on healing.

Call us or reach out through our contact page
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