Written by
Charles R. Gueli, Esq.
Charles R. Gueli, Esq.
Licensed Attorney
Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.
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Explore average settlements and court awards for rear-end car accidents in Florida. Find actual case examples similar to yours.
On This Page
- Average Payouts for Rear-End Collisions
- Factors Affecting Settlement Amounts
- Minor Injury Case Examples
- Moderate Injury Case Examples
- Severe Injury Case Examples
- Methodology
More than 150,000 rear-end accidents happen annually in Florida because of drivers following too closely, resulting in more than 50,000 injuries.¹
The average settlement for a moderate rear-end collision in Florida is $41,344. Actual payout amounts ranged from $266 for minor soft-tissue injuries to $6,400,000 for very serious injuries.
Average Payouts for Florida Rear-End Collisions
We collected and analyzed a group of actual lawsuits filed in Florida courts by plaintiffs injured in rear-end collisions.
Average Payout by Severity of Injury | |
|---|---|
| Minor Injury | $6,142 |
| Moderate Injury | $41,344 |
| Severe Injury | $1,500,320 |
Payout Range by Type of Injury | |
| Neck and Back Injuries | $266 - $6,400,000 |
| Head Injuries | $14,034 - $600,000 |
Factors Affecting Florida Rear-End Settlement Amounts
Florida is a no-fault state. Most injury claims are covered by Personal Injury Protection (PIP) which will cover 80 percent of medical costs and 60 percent of lost wages. There is no coverage under PIP for non-economic damages like pain and suffering.
Other factors that influence injury payouts in Florida:
- No-Fault Threshold – Insurance companies will vigorously challenge victims who claim to have permanent or disabling soft-tissue injuries after a minor car accident.
- Shared Fault – Florida is a pure comparative fault state. This means you can file an injury claim even when you are partially to blame for your injuries. Your payout will be reduced according to your portion of fault.
- Auto Policy Limits – Florida requires all drivers to carry $10,000 in Personal Injury Protection (PIP) and Property Damage Liability (PDL) coverage. Florida does not mandate bodily injury liability coverage.
- Uninsured/Underinsured – Florida does not require Uninsured/Underinsured Motorist coverage. If you don’t have UM/UIM coverage, you may not be fully compensated for serious injuries caused by a driver with little or no insurance.
- Multiple Claimants – When multiple people are injured in the same accident, there may not be enough insurance money to fully compensate everyone.
- Punitive Damages – Punitive damages in Florida can only be awarded when a court finds the defendant guilty of intentional misconduct or gross negligence. Awards are limited to three times the compensatory damages, or $300,000, whichever is higher.
- Commercial Policies – When the negligent party owned or was driving a commercial vehicle, like a tractor-trailer, higher insurance limits are available for severe injuries. Commercial liability policies often have million-dollar limits.
Minor Injury Case Examples
Minor injuries from a car accident are often soft-tissue injuries, like cuts, bruises, muscle sprains or strains, and stiffness. Most minor injury victims are back to normal within a few weeks and only miss a few days to a week of work.
Small Award for Rear-End Accident Injuries
Type of Injury: Soft tissue neck and back injuries; Aggravation of ganglion cyst on left wrist
Award/Settlement Amount: $266
Case Summary: Plaintiff was making a left turn into a parking lot when Defendant rear-ended Plaintiff’s vehicle. Defendant alleged that Plaintiff did not have blinker or brakes on at the time of the accident, and the turning arrows were for right only, not for left. Plaintiff claimed he suffered neck and back soft tissue injuries; and ganglion cyst on left wrist, requiring surgery. Plaintiff acknowledged he was in a prior accident and was being treated for the ganglion cyst at the time of this accident. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury further determined that plaintiff’s damages totaled $265.76.
Location: Palm Beach County, Florida
Case Name and Docket Number: Joseph v. Beard, 00-10071 AO
Rear-End Accident Victim in Later Crash
Type of Injury: Soft tissue neck and shoulder injuries
Award/Settlement Amount: $2,000
Case Summary: Defendant1 operated a vehicle owned by Defendant2 at an intersection when he rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered soft tissue neck and shoulder injuries. Defendants admitted liability, but disputed causation and damages. Defendants argued that plaintiff was involved in another motor vehicle accident three days later. Defendants further contended that any of plaintiff’s injuries were causally related to the subsequent accident. The jury found in favor of Plaintiff in the amount of $2,000. Plaintiff’s Motion for New Trial and Motion for Additur were denied.
Location: Sarasota County, Florida
Case Name and Docket Number: Caldwell v. Save-On Enterprises, 2003-CA-9025
Minor Impact Rear-End Crash with Unrelated Injuries
Type of Injury: Hand injury-bilateral carpal tunnel syndrome on right hand and left hand; Others- laceration to back of scalp requiring seven stitches; soft tissue injury to neck; vertigo; and concussion
Award/Settlement Amount: $2,294
Case Summary: Defendant1 was operating a vehicle owned by Defendant 2 when she rear-ended Plaintiff’s vehicle at an intersection. Defendants alleged this was a minor rear-end impact. Liability was admitted. Plaintiff claimed he suffered bilateral carpal tunnel syndrome which required surgery on right hand and left-hand surgery was recommended; laceration to back of scalp requiring seven stitches; soft tissue injury to neck; vertigo; and concussion. Defendants alleged that Plaintiff was involved in prior accidents and that the carpal tunnel syndrome was not related to this accident. The jury found that Plaintiff did not suffer a permanent injury, awarding plaintiff $2,294.
Location: Dade County, Florida
Case Name and Docket Number: Maria v. Torrent, 98-1567 CA 03
Victim Settles Rear-End Accident Claim for Soft-Tissue Injuries
Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $4,229
Case Summary: A vehicle operated by Defendant rear-ended Plaintiff’s vehicle, which was stopped for the traffic light at the intersection. Defendant admitted liability and the case proceeded to trial on issues of causation and damaged. Plaintiff claimed he suffered soft tissue injuries to neck and back. Defendant alleged that Plaintiff was never treated for low back pain or lumbar spine problems relating to this accident. Defendant argued that Plaintiff’s medical records indicated neck and back complaints arising from a prior motor vehicle accident and complaints to the Veterans Administration relating to Plaintiff’s low back pain to an altered gait because of previous surgery to the left foot for the removal of a benign tumor. The parties subsequently reached a settlement for $4,228.51.
Location: Seminole County, Florida
Case Name and Docket Number: Davis v. Maise, 07-CA-3746-08-L
Dog Blamed for Rear-End Collision
Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $4,440
Case Summary: Plaintiff applied her brakes and came to a sudden stop when a dog ran in front of her vehicle, causing Defendant’s vehicle to rear-end Plaintiff’s vehicle. The name of the dog’s owner was unknown. Plaintiff contended that defendant was negligent for following too closely and speeding. Defendant alleged that a dog running out into the street is something a defensive driver should be aware of, and therefore Plaintiff was partially responsible for the collision. Defendant further alleged that the owner of the dog should also be held partially responsible for the collision. Plaintiff suffered soft tissue neck injury. The jury found that Plaintiff did not suffer a permanent injury because of this accident. The jury awarded $4,440 to Plaintiff.
Location: Duval County, Florida
Case Name and Docket Number: Bruce v. Morton, 00-01814-CA
Drivers Share Fault for Rear-End Crash
Type of Injury: Back injury-extrusion of disc at L5-S1 and Grade II lumbosacral; Neck injury- cervical sprain, bulging discs at C3-C4 and C5-C6
Award/Settlement Amount: $4,500
Case Summary: Plaintiff stated that she was stopped for traffic waiting for a vehicle ahead of her to make a right turn into a restaurant drive-thru when her vehicle was rear-ended by a vehicle operated by Defendant. Defendant alleged that he was attempting to make a left turn at the entrance to a Home Depot adjacent to the restaurant drive-thru when Plaintiff’s vehicle rolled backward down the graded slope entrance toward defendant’s vehicle. Plaintiff suffered extrusion of disc at L5-S1; Grade II lumbosacral and cervical sprain; and bulging discs at C3-C4 and C5-C6. Defendants alleged that Plaintiff’s continuing treatment and complaints were related to a previous lumbar injury and injuries sustained in a subsequent accident. Jury found plaintiff’s negligence: 50%; Defendant’s Negligence: 50%. Plaintiff received net award of $4,500.
Location: Hillsborough County, Florida
Case Name and Docket Number: Houston v. Valdez, 99-01740
No Permanent Injury from Rear-End Accident
Type of Injury: Soft tissue injuries to neck and back; aggravation of arthritis in the knee
Award/Settlement Amount: $4,868
Case Summary: Plaintiff was operating his vehicle at an intersection. Plaintiff was stopped for the red light when his vehicle was rear-ended by Defendant. Liability was admitted. Plaintiff suffered soft tissue injuries to neck and back, primarily the neck, and aggravation of arthritis in the knee. Defendant contended that plaintiff’s injuries were preexisting and unrelated to this accident. The jury found that Plaintiff suffered no permanent injury because of this accident. The jury award $4,867.76 to Plaintiff.
Location: Palm Beach County, Florida
Case Name and Docket Number: Brennen v. Brown, CL 99-5293 AE
Drivers Equally Negligent for Rear-End Accident
Type of Injury: Soft tissue neck and back injuries; Knee injury-torn medial meniscus
Award/Settlement Amount: $5,965
Case Summary: Defendant rear-ended Plaintiff’s motor vehicle at an intersection. Defendant alleged that Plaintiff stopped suddenly and made a left turn from the center lane, causing the collision. Plaintiff contended that defendant failed to yield the right of way and was to blame for the accident. Plaintiff claimed he suffered a torn medial meniscus for which surgery was recommended, as well as neck and back soft tissue injury. The jury determined that both parties were equally at fault for the accident (Plaintiff’s Negligence: 50%; Defendant’s Negligence: 50%). The jury also found that Plaintiff did not suffer a permanent injury because of this accident. Plaintiff received a net verdict of $5,965.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Osme v. Jackson, 96-26289 CA 15
Defendant Disputed the Cause of Rear-End Crash
Type of Injury: Neck Injuries-Aggravation of pre-existing mild anterior herniated disc at C3-C4, chronic anterior herniated disc at C4-C5, chronic anterior herniated disc with well-developed osteophytes at C5-C6 and protruding disc at C6-C7.
Award/Settlement Amount: $9,440
Case Summary: As Plaintiff proceeded forward on the green light, her vehicle was rear-ended by a vehicle that had been pushed into Plaintiff’s vehicle by a vehicle operated by Defendant 1 and owned by Defendant 2. Defendant1 alleged that an unknown driver of a box truck unexpectedly changed lanes in front of his vehicle, causing defendant1 to switch to the far-right lane and rear-end the vehicle that rear-ended Plaintiff’s vehicle. Plaintiff claimed he suffered an aggravation of his pre-existing neck condition. Plaintiff’s doctor opined that the herniation at C3-C4 occurred at a different time than the other pre-existing findings but acknowledged that he could not determine the age of Plaintiff’s findings. Defendants admitted liability, but disputed damages and causation. Jury awarded $9,440.06 to Plaintiff.
Location: Seminole County, Florida
Case Name and Docket Number: Hardy v. Tapia, 05-CA-1533-08
Plaintiff Declines Rear-End Crash Settlement for Whiplash
Type of Injury: Soft tissue neck injury; whiplash
Award/Settlement Amount: $9,511
Case Summary: Defendant tried to pass Plaintiff’s vehicle in the inside lane. At this time, Defendant saw another vehicle approaching and swerved back into Plaintiff’s lane, striking Plaintiff’s vehicle in the rear. Plaintiff’s vehicle had to be towed from the scene. Defendant admitted liability for causing the accident. Plaintiff sustained soft tissue neck injury, whiplash. Defendant offered $1,475 to settle prior to suit and made a Proposal for Settlement of $4,900 shortly before trial. Plaintiff did not accept any of the offers. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded plaintiff $9,511.31. Defendant’s Motion for New Trial was denied.
Location: Leon County, Florida
Case Name and Docket Number: Dickey v. Perkins, 06-CA-0772
Low-Impact Rear End Collision Award
Type of Injury: Neck and mid-back pain and stiffness with headaches
Award/Settlement Amount: $10,573
Case Summary: Plaintiff was the operator of a vehicle traveling eastbound on Road A. At the same time and place, Defendant1 was the permissive operator of a vehicle owned by Defendant 2. Plaintiff’s vehicle was stopped when Defendant’s vehicle struck the rear of Plaintiff’s vehicle. Defendant admitted negligence in causing the accident. Plaintiff claimed he suffered headaches, neck and mid-back pain and stiffness. Defendants contended that the low-speed impact was too minor to cause the alleged injuries. Defendants further alleged that Plaintiff’s injuries were soft tissue in nature. The jury found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of the accident and awarded him $10,572.58 (past medical expenses).
Location: Duval County, Florida
Case Name and Docket Number: Baker v. Sudak, 2007-009054-CA
Injuries Disputed After Low-Impact Rear-End Collision
Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $10,860
Case Summary: Plaintiff was approaching the exit ramp, as he slowed to make the exit, defendant rear-ended plaintiff’s vehicle. Plaintiff claimed he suffered neck soft tissue injury. Defendant admitted liability but disputed the nature and extent of plaintiff’s alleged injury and damages. The jury found that the plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded plaintiff $10,860.30.
Location: Broward County, Florida
Case Name and Docket Number: Berliner v. Paller, 01-6498 09
39 Feet of Skid Marks Before Rear-End Crash
Type of Injury: Soft tissue neck injury; contusion of chest wall; and aggravation of previous brain injury
Award/Settlement Amount: $10,902
Case Summary: Defendant was operating a vehicle with the consent and knowledge of his father. Plaintiff was traveling north, when she stopped to wait for traffic to clear so she could take a left turn into a parking lot. Defendant stated he momentarily looked away and did not realize Plaintiff had stopped. The defendant attempted to go around Plaintiff on the right but failed and collided with the rear of Plaintiff’s vehicle. It was determined that Defendant left thirty-nine feet of skid marks in his attempt to stop. Defendant had been in a series of accidents and had been given seven traffic tickets in the past three years. Plaintiff suffered cervical strain, contusion of chest wall, and aggravation of previous brain injury. The jury determined that plaintiff’s damages totaled $10,902.
Location: Lee County, Florida
Case Name and Docket Number: Parsley v. Durling, 99-1762-CA
Moderate Injury Case Examples
Moderate car accident injuries can take weeks or months to heal and the victim may suffer residual effects.
Moderate rear-end crash injuries may include bulging or herniated discs, brain concussions, simple fractures, and extensive soft-tissue injuries. Victims may be out of work for a few months, depending on the physical requirements of their employment.
Award to Rear-End Victim with Prior Injuries
Type of Injury: Head injury-a mild head injury with brief loss of consciousness; others-broken rib; injuries to mid and low back, neck, both shoulders, left eye, left wrist, and left ankle; frequent headaches
Award/Settlement Amount: $14,034
Case Summary: Plaintiff was approaching an intersection when he slowed down and came to a stop at the intersection to allow a vehicle in front of him to turn into a private driveway. After the vehicle completed the turn, and before Plaintiff could proceed forward, Plaintiff’s vehicle was rear-ended by a vehicle operated by Defendant 1 and owned by Defendant 2. Defendants admitted liability but disputed causation and permanency. Plaintiff claimed a mild head injury with brief loss of consciousness; broken rib; injuries to mid and low back, neck, both shoulders, left eye, left wrist, and left ankle; and frequent headaches. Defendants alleged that Plaintiff’s medical records revealed medical treatment for a prior motor vehicle accident. The jury returned a plaintiff verdict for $14,034.21.
Location: Orange County, Florida
Case Name and Docket Number: Jackson v. Bradley, 06-CA-9696-37
Rear-End Plaintiff with Prior Fall Accident
Type of Injury: Neck injury-herniated disc at C5-C6; Aggravation of herniation to lower back
Award/Settlement Amount: $20,367
Case Summary: Defendant rear-ended Plaintiff’s vehicle at a stop light. Plaintiff claimed an aggravation of herniation to lower back and herniated disc at C5-C6. Defendant admitted liability but denied causation. Plaintiff was taken by ambulance to Hospital and was treated and released. Plaintiff’s treating physician recommended facet block injections to the neck in a hospital setting. Plaintiff however did not receive the injections due to insurance plan issues. Plaintiff acknowledged he was previously injured in a fall incident which caused the herniation to lower back. Defendant contended that Plaintiff’s neck condition preceded this motor vehicle accident and that she did not suffer a new injury or permanent injury from this accident. The jury found that Plaintiff did not sustain a permanent injury as a result of this accident, awarding $20,367 to Plaintiff.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Marshall v. Goodman, 03-15388 (CA 15)
Improper Lane Change Results in Rear-End Collision
Type of Injury: Back injury-a moderate left foraminal disc herniation at L4-L5; mild disc herniation at L1-L2; minor disc desiccation at L1-L2, L2-L3, and L3-L4; moderate disc narrowing and disc desiccation at T11-T12 and T12-L1
Award/Settlement Amount: $26,155
Case Summary: Defendant made an improper lane change, cutting in front of Plaintiff and causing Plaintiff’s vehicle to strike the rear-end of Defendant’s vehicle. Defendant admitted liability, and trial proceeded as to causation and permanency of Plaintiff’s injuries. Plaintiff claimed he suffered a moderate left foraminal disc herniation at L4-L5; mild disc herniation at L1-L2; minor disc desiccation at L1-L2, L2-L3, and L3-L4; moderate disc narrowing and disc desiccation at T11-T12 and T12-L1. He underwent a left lateral discectomy and laminectomy at L4-L5. Defense expert characterized the finding at L4-L5 as a bulging disc and opined that all findings of the lumbar spine were degenerative in nature and related to pre-existing conditions. The jury awarded plaintiff $ 26,155.15.
Location: Pinellas County, Florida
Case Name and Docket Number: Linthicum v. Justus, 05-2852-CI-8
Teen Girl Permanently Injured in Rear-End Crash
Type of Injury: Soft tissue neck and back injuries
Award/Settlement Amount: $29,999
Case Summary: Plaintiff was an unbelted back-seat passenger in a vehicle owned by Defendant 1 and operated by Defendant 2. Plaintiff and defendant2 were driving to school with three other teenage girls. While attempting to merge, Defendant2 rear-ended a pickup truck that was stopped in the merge lane due to morning rush hour traffic. Plaintiff suffered soft tissue injuries to her neck and back. Plaintiff’s treating physician opined that Plaintiff had suffered a permanent soft tissue injury to her neck because of the motor vehicle accident and assigned her a 5% permanent impairment rating. Liability was admitted. However, defendants contested the threshold (permanency) issue, arguing that the jury could disregard all experts’ opinions. The trial judge granted a direct verdict on the threshold issue. The jury awarded plaintiff $29,999.20.
Location: Pinellas County, Florida
Case Name and Docket Number: Schroeder v. Becker, 98-5825-CI-21
Rear-End Crash Victim with Pre-Existing Conditions
Type of Injury: Neck injury-Herniated disc at C4-C5; emotional distress
Award/Settlement Amount: $30,594
Case Summary: Plaintiff came to a stop at a red traffic light, he was then rear-ended by a vehicle operated by Defendant’s employee. Defendants admitted that the negligence of defendant driver caused the accident but denied Plaintiff’s damages. Plaintiff claimed he suffered a herniated disc at C4-C5 which required spinal cord decompression surgery and emotional distress. Defendants argued that Plaintiff’s injuries were pre-existing, noting degenerative changes in his cervical spine as shown in an x-ray taken the day of the accident, as well as an MRI scan taken the following month, showing degenerative disc disease at C3-C4, C5-C6, and C6-C7 levels. The jury returned a plaintiff verdict for $30,593.80.
Location: Broward County, Florida
Case Name and Docket Number: Morse v. Broward County Board of County Commissioners, 03-9762 12
Medical Expenses Awarded to Rear-End Crash Victim
Type of Injury: Soft tissue injuries to neck and low back
Award/Settlement Amount: $32,463
Case Summary: Plaintiff was a passenger in a vehicle operated by her daughter. Plaintiff’s vehicle was stopped at an intersection. Defendant1 was the owner of a vehicle driven by Defendant 2, rear-ended Plaintiff’s vehicle. Defendant did not admit liability, but alleged this was a minor impact. There was no damage to Defendant’s vehicle, and $300 damage to Plaintiff’s vehicle. Plaintiff suffered soft tissue injuries to neck and low back. Defendants alleged these were pre-existing conditions as Plaintiff had significant degenerative changes in her spine. Prior to this accident, Plaintiff had been involved in two accidents and four falls. Defense Expert testified Plaintiff had significant changes in the spine. Plaintiff made no claim for lost wages. The jury awarded plaintiff $32,462.60 ($ 22,462.60-past medical expenses; $10,000 future medical expenses.)
Location: Palm Beach County, Florida
Case Name and Docket Number: Gomez v. Gribkoff, 95-9951 AJ
Defendant Disputes TMJ Related to Rear-End Accident
Type of Injury: Soft tissue neck and shoulder injury; headaches; and bilateral TMJ disc displacement
Award/Settlement Amount: $38,298
Case Summary: Defendant failed to observe Plaintiff’s vehicle stopped in front of him, slammed on his brakes, and rear-ended Plaintiff’s vehicle, pushing it into the vehicle in front of it, resulting in a four-vehicle collision. Plaintiff suffered neck and shoulder pain; headaches; and bilateral TMJ disc displacement. Plaintiff was scheduled to undergo bilateral TMJ surgery within two weeks of trial. Defendant contended that the TMJ dysfunction was not related to this accident. The jury found for the plaintiff in the amount of $38,298. Per Counsel, plaintiff had rejected Defendant’s settlement offer of $50,000 policy limits.
Location: Pinellas County, Florida
Case Name and Docket Number: Obstaculo v. Silkie, 01-1377-CI-21
Employee Driver Liable for Rear-End Crash
Type of Injury: Soft tissue back injury
Award/Settlement Amount: $48,300
Case Summary: Defendant1 owned a motor vehicle that was operated by its employee, Defendant 2. Plaintiff had slowed down behind other vehicles when she was rear-ended by Defendant’s vehicle. Negligence was admitted by defendant 2. Plaintiff suffered soft tissue back injury. Plaintiff acknowledged she had a degenerative neck condition, which she argued was asymptomatic before the accident. Defendants’ and Plaintiff’s attorneys had entered into a high-low agreement for $ 2,500 -$ 50,000. Jury returned a plaintiff verdict for $48,300 for Plaintiff ($12,800 – past medical expenses; $3,000 – future medical expenses; $4,500 past lost earnings; $3,000 – future lost earning ability; $5,000 – past pain and suffering; $20,000 – future pain and suffering.)
Location: Palm Beach County, Florida
Case Name and Docket Number: Ferguson v. Ingoglia, 99-7223 AF
Rear-End Accident Defendant Challenges Victim’s Treatment
Type of Injury: Neck and back injury-a cervical and thoracic sprain/strain
Award/Settlement Amount: $69,577
Case Summary: Plaintiff exited a ramp off an interstate and came to a complete stop when his vehicle was rear-ended by defendant, who was issued a citation for failure to use due care special hazards. Plaintiff suffered a cervical and thoracic sprain/strain. In addition to taking medications for his pain, Plaintiff underwent chiropractic care; acupuncture; cervical epidural steroid injections; Botox injections; rhizotomy procedures; and a dorsomedial branch block. Defendant admitted liability but contented that plaintiff’s treatment was excessive. The jury found the amount of damages sustained by Plaintiff to be $6,577.14-past medical expenses; $48,000-present value of future medical; $5,000-past pain and suffering; $10,000-future pain and suffering.
Location: Santa Rosa County, Florida
Case Name and Docket Number: Franklin v. Fiegier, 2006-33-CA
Serious Foot Injury from Rear-End Collision
Type of Injury: Foot injury-Rupture of right plantar fascia causing plantar fasciitis
Award/Settlement Amount: $70,000
Case Summary: Plaintiff was traveling east when his vehicle was rear-ended by a vehicle operated by Defendant. Defendant alleged that a phantom vehicle rear-ended her vehicle causing it to rear-end Plaintiff’s vehicle. Plaintiff underwent a fasciotomy which revealed a small tear of the plantar fascia in his right foot. Defendants disputed the causation of Plaintiff’s injury based on Plaintiff’s x-rays which revealed the presence of a small spur on the heel bone, consistent with chronic plantar fasciitis. Defendant’s expert opined that Plaintiff’s plantar fasciitis was a long-standing problem due to Plaintiff’s active running/jogging regimen. The jury found that no phantom vehicle was involved in this motor vehicle accident. The jury further found that Plaintiff sustained a significant and permanent scarring as a result of this accident, awarding $70,000 to plaintiff.
Location: Pinellas County, Florida
Case Name and Docket Number: Wells v. Wilson, 03-002704-CI-11
Trucker Liable for Chain Rear-End Collision
Type of Injury: Head injury-traumatic brain injury and post-traumatic concussion syndrome; others-painful back and neck spasms; migraine headaches; vertigo; and memory loss
Award/Settlement Amount: $75,000
Case Summary: Defendant was in a truck owned when he collided with the rear of Plaintiff’s vehicle. The rear impact forced plaintiff’s vehicle forward and into a boat trailer that was being pulled by a vehicle stopped in front of him. Defendant asserted that the vehicle in front of plaintiff had stopped to turn left into a gas station, resulting in plaintiff stopping suddenly and without warning. Damage to Plaintiff’s vehicle totaled $7,206.10. Plaintiff claimed he suffered traumatic brain injury; post-traumatic concussion syndrome; painful back and neck spasms; migraine headaches; vertigo; and memory loss. Defendant admitted liability, and ultimately settled the claim for $75,000.
Location: Santa Rosa County, Florida
Case Name and Docket Number: Prybylski v. General Parts, Inc., 99-1401
Severe Injury Case Examples
Severe car accident victims often sustain multiple injuries with some level of permanent disability. Injuries can include traumatic brain damage, complicated fractures to multiple bones, degloving injuries, and serious neck and back injuries.
Seriously injured victims may be out of work for months, and some are never able to return to the jobs they held before the crash.
Defendant Admits Liability for Rear-End Collision
Type of Injury: Back injury-aggravation of preexisting syringomyelia (fluid cavitation in spinal cord) resulting in neurological deficits.
Award/Settlement Amount: $122,500
Case Summary: Plaintiff was making a left turn at an intersection when Defendant struck the rear of her vehicle. Plaintiff claimed that her preexisting syringomyelia (fluid cavitation in spinal cord) was traumatically induced or aggravated by this accident resulting in various neurological deficits and symptoms including constant back pain; burning, pressure and sharp shooting pain in arms, legs, and feet; tingling sensation in hands and feet; incontinence and imbalance with walking. Defendant admitted liability and settled plaintiff’s claim for $122,500.
Location: Broward County, Florida
Case Name and Docket Number: Higginbotham v. Kennedy, 04-15199 11
Defendant Says Rear-End Crash Caused When His Foot Slipped
Type of Injury: Neck injury-Permanent aggravation of pre-existing cervical injury
Type of Accident: Rear-end
Award/Settlement Amount: $175,900
Case Summary: Plaintiff was stopped when his vehicle was rear-ended by Defendant’s vehicle. Plaintiff claimed that the force of the impact caused his foot to briefly come off the brake before he was able to return it to the brake and stop his vehicle. Defendant claimed that the collision occurred as he drove up upon Plaintiff’s stopped vehicle, that he stopped three to five feet from Plaintiff’s vehicle, that he took his foot off the brake pedal by mistake, and that his vehicle rolled into Plaintiff’s vehicle because he was at the top of an incline. Defendant further claimed that Plaintiff’s vehicle was not moved from the impact of the collision. Plaintiff claimed permanent aggravation of a pre-existing cervical injury. The jury awarded plaintiff $175,900.
Location: Duval County, Florida
Case Name and Docket Number: Brown v. Knox, 2007-CA-002674
Rear-End CrashVictim Suffers Permanent Impairment
Type of Injury: Neck and back injuries-sprains/strains
Type of Accident: Rear-end
Award/Settlement Amount: $203,200
Case Summary: Plaintiff was stopped for a traffic light when his vehicle was rear-ended by Defendant. Defendant admitted liability but disputed causation and permanency of Plaintiff’s injuries. Plaintiff claimed sprains/strains to neck and back for which future surgery was indicated. Defendant alleged some or all of Plaintiff’s complaints were related to a subsequent motor vehicle accident. Plaintiff argued that the subsequent accident caused an aggravation of the injuries he sustained in this accident. The jury found that the plaintiff sustained an injury that consists in whole or in part of a permanent impairment within a reasonable degree of medical probability as a result of this accident. Jury awarded $203,200 to Plaintiff.
Location: Orange County, Florida
Case Name and Docket Number: Borroto v. Rodriguez, 05-CA-8522
Injured Plaintiff Rear-Ended by Tractor-Trailer
Type of Injury: Back injury-ligamentous injuries to low, mid, and upper back; Head injury-right orbital blowout and nasal bone fractures
Award/Settlement Amount: $600,000
Case Summary: Plaintiff’s vehicle was stopped behind a vehicle that had yielded to a pedestrian. Plaintiff’s vehicle was rear-ended by a semi-tractor trailer operated by Defendant. The impact caused Plaintiff’s vehicle to be pushed into the vehicle in front of her. Plaintiff suffered ligamentous injuries to low, mid, and upper back, right orbital blowout and nasal bone fractures. He underwent surgery to repair the blowout fracture through the placement of a titanium mesh surgical implant. Defendants alleged that Plaintiff sustained a back injury because of a previous motor vehicle accident. During trial, the court granted Plaintiff’s Motion for Directed Verdict as to negligence and causation. The jury awarded $600,000 to plaintiff.
Location: Hillsborough County, Florida
Case Name and Docket Number: Stealy v. Williams, 05 CA 8365
Crash Victim Paralyzed by Rear-End Collision
Type of Injury: Neck injury-a profound subluxation of C6-C7 and fracture of the lamina of C5 with paraplegia and quadriparesis (weakness in all four limbs)
Type of Accident: Rear-end
Award/Settlement Amount: $6,400,000
Case Summary: Defendant had caused an earlier accident and had his vehicle pulled off the road into the median. Plaintiff claimed Defendant either left his vehicle parked in the roadway or pulled back onto the road into the path of Plaintiff’s oncoming vehicle. Plaintiff impacted the right rear quarter panel of Defendant’s vehicle, resulting in Plaintiff’s vehicle rolling three times. Plaintiff sustained a profound subluxation of C6-C7 and fracture of the lamina of C5 with paraplegia and quadriparesis. Defendant did not admit liability but did not vigorously content it. Defendants ultimately offered to settle for $3,000,000 prior to the start of the trial, which was rejected by plaintiff. The case subsequently settled for $6,400,000 after seven hours of jury deliberations.
Location: Brevard County, Florida
Case Name and Docket Number: Jones v. Schwartz, 98-04783-CA-T/C/V
Methodology
We researched and analyzed a group of real Florida car accident cases resulting from rear-end collisions. Many cases settled out of court, while some cases went to trial and won a monetary award.
Award/Settlement amounts reflect the net payout in cases where the plaintiff was found to share fault with the defendant.
Averages are calculated by adding all the payouts in a group of cases and dividing the total by the number of cases in the group.
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FAQs
What is the average settlement for car accident pain and suffering in Florida? ›
According to the car accident settlement examples listed on this page, the average Florida car accident settlement is anywhere from $300,000 to $6,100,000. Settlements depend greatly on the unique circumstances of each case which is why there is no accurate average settlement amount for car accidents in Florida.
How much damage can a rear end collision cause? ›A rear end collision can cause a wide variety of damages to your car. Even a slight impact to the back of your car can cause electrical damage. In a collision, the wires that make things like your brake lights, battery, and taillights can loosen.
How long does it take to settle a car accident case in Florida? ›It will usually take between four to six weeks for a person to receive their personal injury settlement check in Florida. However, this does vary depending on the extent of your injuries and the complexity of the car accident claim.
Who pays if I get rear-ended Florida? ›However, any injured victims of a rear-end crash in Florida – whether or not they contributed to the crash in any way – must seek monetary compensation through their own insurance's PIP (personal injury protection) coverage first. Florida is a “no-fault” state.
How much can I sue for emotional distress in Florida? ›The other limitation is the amount you can sue for. Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.
How do you calculate past pain and suffering in Florida? ›- The severity of your injuries.
- The limitations your injuries impose on your daily life.
- Past, current, and future suffering caused by the injury.
- Emotional distress caused by the injury.
- Loss of consortium and affection.
- Your age.
Whatever the amount is, your law firm will charge you on a contingency fee basis. This means they will take a set percentage of your recovery, typically one third or 33.3%. There are rare instances where a free case is agreed to by the representing lawyers.
How long does insurance company have to pay settlement in Florida? ›Insurance companies in Florida have 90 days to settle a claim after it is officially filed. Florida insurance companies also have specific time frames in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.
How long does it take to get paid after a settlement is reached? ›After you have settled it can take up to six weeks before you receive the check. Q: How long does it take for an insurance company to pay out a settlement? After the settlement is agreed they have up to 85 days to pay.
Do you have to pay taxes on a car accident settlement Florida? ›You should not be required to pay any taxes on payments you receive due to physical injuries suffered in a car accident. Pain and suffering: Pain and suffering damages compensate car accident victims for physical and mental suffering caused by their injuries. Pain and suffering damages are not usually taxable.
Do you have to pay taxes on a accident settlement in Florida? ›
When it comes to lawsuit settlements, it is important to understand if and how the settlement is taxable in Pembroke Pines, Florida. Generally, any damages you receive from a lawsuit settlement are considered taxable income by the Internal Revenue Service (IRS). This includes compensatory damages and punitive damages.
What happens if you get rear-ended in Florida? ›If you have been injured in a rear-end collision in Florida, you should know that Florida law protects your right to receive compensation for the accident. The law even provides for a rule that presumes your right to damages based on the fact that you were rear-ended in traffic.
What are the two most serious outcomes of a rear-end collision? ›One of the more severe injuries caused by rear-end collisions is a spinal fracture. Below, we'll discuss one of the more common types of spinal fractures. But there are other kinds of more severe fractures that can happen due to a car accident. Two possibilities are burst fractures and fracture-dislocations.
What injury is most common with rear-end collisions? ›One of the most common injuries in a rear end accident is spinal or neck injury (often termed whiplash) which is caused by the sudden and violent impact. Other injuries that can result for victims of a rear end collision include: back injuries, brain injury, facial injuries, loss of vision, fractures, and paralysis.
What is the most common injury when rear-ended? ›Whiplash. Rear-end crashes cause about 85 percent of car accident-related neck injuries. This type of pain can mean you have a whiplash or Whiplash Associated Disorder (WAD) injury. Whiplash can be treated, but even with the best treatment, some people with this injury will never fully recover.
Does Florida pay for pain and suffering? ›Florida law, although complex, does allow accident victims to recover compensation for pain, suffering, emotional distress and mental anguish. To recover this compensation, however, the victim's injuries must meet the statutory standards for severity.
How do you prove emotional distress in Florida? ›To sue someone for emotional pain and suffering, you have to be able to show that they were negligent or reckless in some way and that their actions led to your emotional distress. Florida law recognizes emotional distress when someone experiences mental suffering due to another party's negligence.
What is the FL statute for emotional distress? ›Under Florida law, to state a cause of action for intentional infliction of emotional distress, a complaint must allege four elements: (1) deliberate or reckless infliction of mental suffering; (2) outrageous conduct; (3) the conduct caused the emotional distress; and (4) the distress was severe.
How do you determine the price of pain and suffering? ›- The type of injury.
- The seriousness of the injury.
- Whether a full recovery is likely.
- The impact of the injuries on the victim's daily life.
- The liable party's percentage of fault.
Florida's statute of limitations for personal injury claims is generally four years from the accident date. This means you have four years from the accident date to file a lawsuit in court. However, there are some exceptions to this general rule.
How do you calculate emotional pain and suffering? ›
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
What's the most a lawyer can take from settlement? ›Nationwide, the average percentage lawyers take from a settlement can range from 25% to 75%. Depending on a number of factors, these percentages change when comparing a car accident settlement, to a disability claim, or a medical malpractice case for example.
What is a third of $50 000? ›13 of 50 thousand dollars is $16,666.67.
$ 50 , 000 ÷ 3 = $ 16 , 666.666...
Negotiation and Mediation (2-4 Weeks)
Most personal injury lawsuits in Florida are settled before they go to trial because settling saves both parties time and money. Settling cases out of court also allows insurance companies to keep the details private.
Unless the insurance representative has a solid reason not to pay the claim, you can almost always expect a settlement offer after filing a claim with an insurance company.
How does Florida proposal for settlement work? ›A PFS Florida is good for 30 days once delivered to the opposing party. The offeree must accept the settlement within those 30 days, otherwise, the court considers the offer rejected. One party's rejection of a PFS does not preclude later PFSs being made afterward.
What is the settlement rule in Florida? ›Fee-Shifting Requirements under Florida Settlement Rule 1.442. Generally, the state of Florida follows the “American rule,” meaning that each party in a civil lawsuit is responsible for his or her own attorney fees regardless of the outcome of the case.
Is settlement money taxable? ›If you're involved in a lawsuit in California, you may be wondering whether any settlement or award you receive is taxable. The good news is that, in most cases, personal injury settlements are not taxable in California.
What happens once a settlement is reached? ›After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.
What to do after settlement? ›After settlement, your lender will draw down on your loan. This means that they'll debit the amount they've paid at settlement from your loan account. You're then responsible for paying land transfer duty or stamp duty. It's usually paid on the settlement date.
Can you sue for pain and suffering from a car accident in Florida? ›
Yes, Florida does allow accident victims to recover damages for pain and suffering from an auto accident in certain situations. Pain and suffering are considered a “non-economic” damages. Unlike, for example, medical bills, there is no clear monetary value for pain and suffering.
How are personal injury settlements paid out in Florida? ›If you have settled your personal injury claim, your attorney will receive the settlement check from the insurance company in the mail. He/she will deposit the check into their client trust account, and transfer the money to you accordingly.
Can you sue for emotional distress in Florida? ›If your employer retaliates or refuses to take corrective action, you can and should file a Florida lawsuit against your employer. U.S. Courts have long held that employees can sue their employers for emotional distress if they are responsible for that distress through action or irresponsible inaction.
How is pain and suffering measured? ›Under the multiplier method, a court calculates pain and suffering damages by multiplying economic damages (medical bills, lost wages, etc.) by a number between one and five to arrive at pain and suffering damages. The value of the multiplier depends on the degree of your pain and suffering.
How much can you be sued for in a car accident in Florida? ›How much can someone sue for a car accident? In Florida, there is no limit on the amount of compensation that someone can sue for as because of a car accident.
Can you sue for PTSD after a car accident in Florida? ›One of the requirements is that you suffered a significant and permanent injury. When you can file a lawsuit against the at-fault driver, you can sue them for PTSD, mental anguish, pain, suffering, and other mental and psychological injuries associated with the physical injury.
What is considered a serious injury in a car accident in Florida? ›According to Florida Statute 627.737, a serious bodily injury is one that causes: Significant and permanent loss of an important bodily function. Permanent injuries. Significant and permanent scarring or disfigurement.
How much do lawyers take from settlement in Florida? ›Usually, a personal injury lawyer will take one-third of your final settlement offer as compensation for their work. For example, a settlement of $10,000 would result in a $3,333 payment to your lawyer and $6,667 for you to take home.
How much do injury lawyers take in Florida? ›If your case settles after the lawyer files a lawsuit (which means a lot more work for the lawyer), the vast majority of lawyers will take 40% off the top of your recovery. You should expect to pay 40% if: you have serious injuries.
Can the IRS take your accident settlement? ›In some cases, the IRS can take a part of personal injury settlements if you have back taxes. Perhaps the IRS has a lien on your property already, and if so, you could find yourself losing part of your settlement in lieu of unpaid taxes. This can happen when you deposit settlement funds into your personal bank account.
Do I have to report personal injury settlement to IRS? ›
Yes, in most cases, your personal injury settlement is taxable under IRS and California rules.
Do I have to include settlement money on my taxes? ›If you receive a settlement in California that is considered taxable income, you will need to report it on your tax return. You will typically receive a Form 1099-MISC, which reports the amount of taxable income you received during the year.