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Florida Car Accident Settlement Calculator

Rules cited to Florida’s statutes and case lawRules checked How we calculate

Fault rule51% barYou recover if you are 50% or less at fault. The award is cut by your share.Fla. Stat. § 768.81
Filing deadline2 yearsFrom the crash date, for injury claims.Fla. Stat. § 95.11
Minimum insurancePIP + $10,000 PDNo bodily injury liability required. Florida is a no-fault state.Fla. Stat. §§ 627.736, 324.022
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Your numbers

Example figures shown. Replace them with yours.
How serious is the injury?

Fracture or months of treatment, with some lasting effect.

10%
Does the injury meet the no-fault threshold to sue?
Attorney fee for the take-home figure
Your estimateFlorida · Car accident
Your estimate…
The math
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This calculator estimates what a car accident injury claim could be worth under Florida law. It applies Florida’s 51% bar rule, the two-year deadline to file suit and the insurance that usually pays, then shows the math line by line, including what you might take home after a lawyer’s fee.

Because Florida is a no-fault state, the calculator first subtracts what your own PIP coverage pays, then asks whether your injury meets the threshold to claim pain and suffering from the at-fault driver.

Florida rules behind this estimate

Fault. Florida uses modified comparative fault with a 51% bar. If you are found 20% at fault, your award drops by 20%. At 51% or more, you recover nothing. Insurers know this, so expect them to argue your share up. Florida switched from pure comparative fault for claims filed after March 24, 2023. Medical malpractice claims still use pure comparative fault.

Deadline. You have two years from the crash to file a lawsuit in Florida. Cut from four years to two for negligence claims that arose after March 24, 2023. A claim against a city, county or state agency usually needs written notice much sooner, sometimes within months. Missing the deadline almost always ends the claim, and with it your leverage to settle.

Insurance. Florida is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $10,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need a permanent injury, significant and permanent scarring or disfigurement, or death.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Florida car accident questions

What if the other driver has no bodily injury coverage in Florida?

Florida does not require it, so many drivers carry none. Your own PIP pays first, and your uninsured motorist coverage may pay pain and suffering if your injury meets the threshold.

Can I still claim if I was partly at fault in Florida?

Yes, as long as you were 50% or less at fault. Your award is reduced by your percentage, and at 51% or more you recover nothing.

How long do I have to file a car accident claim in Florida?

two years from the crash to file a lawsuit. Report the claim to the insurers within days.

Do I need to meet a threshold to sue in Florida?

Yes. Florida is a no-fault state, so your PIP pays first. To claim pain and suffering from the at-fault driver you need a permanent injury, significant and permanent scarring or disfigurement, or death.

Does Florida cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.