See actual settlements and court awards paid to side-impact crash victims in Florida. Look for cases similar to yours.
Each year, more than 173,000 side-impact accidents happen on Florida roadways, caused by drivers who fail to yield the right-of-way or make illegal turns.¹
The average settlement for a moderate side-impact collision in Florida is $42,869.The payouts in our cases range from $938 for minor soft tissue injuries to $25,000,000 for catastrophic brain injuries.
Average Payouts for Florida Side-Impact Collisions
These averages are drawn from real personal injury cases filed in Florida courts by victims of side-impact collisions.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $5,695 |
| Moderate Injury | $42,869 |
| Severe Injury | $745,175 |
Payout Range by Type of Injury |
|
| Neck and Back Injuries | $938 - $4,082,061 |
| Head Injuries | $90,000 - $25,000,000* |
Factors Affecting Florida Side-Impact Settlements
Because Florida is a no-fault state, most car accident injury claims will be covered by the driver’s Personal Injury Protection (PIP) coverage. If you are an injured passenger, your claim should be covered by your host driver’s PIP.
Under PIP, you can expect to get 80 percent of your medical costs and 60 percent of your lost wages reimbursed. PIP does not pay for pain and suffering. Injuries serious enough to exceed the no-fault threshold, such as permanent disability or scarring, are best handled by an experienced personal injury attorney.
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 if you are mostly 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). 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 if the at-fault driver has little or no insurance.
- 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 at-fault driver was operating a commercial vehicle, like a work truck, much higher insurance limits are available for serious injuries. Commercial liability policies often have million-dollar limits.
Minor Injury Case Examples
Minor injuries from a side-impact collision often include soft-tissue bumps, scrapes, strains or sprains. Minor injuries should heal completely within a few weeks, and the victim may only miss a few days of work.
Jury Award for T-bone Crash After PIP Setoff
Type of Injury: Back injury-herniated disc at L5-S1 and L4-L5
Award/Settlement Amount: $938
Case Summary: Defendant ran a red light, causing a T-bone collision with Plaintiff’s vehicle. Liability was admitted. Plaintiff claimed a herniated disc at L5-S1 and L4-L5, for which no surgery was required. Defendant alleged the discs were pre-existing or not caused by this accident. The jury found that Plaintiff did not suffer a permanent injury because of this accident. The jury further determined that plaintiff’s damages totaled $10,938. There was a net verdict of $938 after PIP set-off.
Location: Palm Beach County, Florida
Case Name and Docket Number: Vorshees v. Pollack, 99-12016 AI
Red Light Runner T-Bones Victim’s Car
Type of Injury: Shoulder injury-left shoulder pain and impingement syndrome; aggravation of pre-existing cervical complaints
Award/Settlement Amount: $1,925
Case Summary: Defendant ran a red light and T-boned Plaintiff’s vehicle at an intersection. Defendant admitted liability but contested causation and damages. Plaintiff claimed left shoulder pain; aggravation of pre-existing cervical complaints for which Plaintiff received chiropractic care for six months. Plaintiff’s Doctor diagnosed him with impingement syndrome and performed shoulder surgery to remove bone spur and one centimeter of clavicle. Plaintiff acknowledged he fell down in his home three weeks after the accident, which exacerbated his shoulder injury. Defense Expert testified that shoulder impingement is usually the result of repetitive overhead use; however, between the minor slow speed accident and the fall at home, he believed that the fall was the more likely cause for Plaintiff’s continuing complaints and need for surgery. The jury returned a $1,925 verdict for Plaintiff.
Location: Orange County, Florida
Case Name and Docket Number: Heinitz v. Bergman, CIO-00-4353 (35)
Defendant Exits Parking Lot, Broadsides Plaintiff’s Car
Type of Injury: Back injury-herniated discs at L4-L5 and L5-S1; Shoulder injury – torn rotator cuff
Award/Settlement Amount: $2,410
Case Summary: Defendant was exiting a parking lot of a Plaza when she broadsided Plaintiff’s vehicle as it was passing by. Defendant admitted liability for causing the accident. Plaintiff claimed he suffered herniated discs at L4-L5 and L5-S1 for which surgery was not performed nor recommended; and a torn rotator cuff for which surgery was recommended. Defendant alleged that all of Plaintiff’s injuries were pre-existing. The jury found that there was negligence on the part of Defendant which was a legal cause of loss, injury, or damage to Plaintiff. The jury also found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. The jury awarded $2,410 only (past medical expenses) to Plaintiff.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Tinsky v. Hankin, 99-14540 CA 01
Illegal Left Turn Causes T-Bone Collision
Type of Injury: Soft tissue injuries to neck and back
Award/Settlement Amount: $6,165
Case Summary: Plaintiff was traveling north through a green light at an intersection. Defendant was traveling south and made a left turn on a green light resulting in a T-Bone collision with Plaintiff’s vehicle. Defendant admitted liability, but disputed causation and damages. Plaintiff suffered soft tissue injuries to neck and back. Defendant contended that plaintiff’s back injury was pre-existing. The plaintiff admitted during cross-examination that she had been prescribed a brace for her back pain prior to the accident. The jury found that Plaintiff did not suffer a permanent injury because of this accident. Jury awarded $6,165 to Plaintiff (past medical expenses).
Location: Palm Beach County, Florida
Case Name and Docket Number: Fassberg v. Borah, 01-0530 AD
Defendant Admits Liability for Side-Impact Collision
Type of Injury: Neck Injury-Cervical sprain/strain, C5-C6 and C6-C7 disc bulge, mild spondylosis between C5-C6 and C6-C7; Others-thoracic, and lumbosacral right shoulder rotator cuff syndrome, herniated disc with disc hydration at T7-T8 and T9-T10 and T8-T9 small disc protrusion.
Award/Settlement Amount: $10,000
Case Summary: Plaintiff alleged that she had her turn signal on to turn left when Defendant pulled out and collided with Plaintiff’s vehicle. Defendant alleged that Plaintiff did not have the turn signal on to indicate she intended to make a left turn onto Road Y. Prior to trial, Defendant admitted liability. Plaintiff claimed a C5-C6 and C6-C7 disc bulge among other injuries. Defendant alleged that surveillance videotape taken of Plaintiff showed Plaintiff performing activity contrary to Plaintiff’s physician’s testimony. Jury found that Plaintiff did not suffer a permanent injury as a result of this accident, awarding him $10,000. Plaintiff’s Motion for New Trial was denied.
Location: Seminole County, Florida
Case Name and Docket Number: Ditaranto v. Baggett, 98-513-CA-08-E
Passenger Injured in Broadside Collision
Type of Injury: Neck injury-disc herniation at C5-C6; and Lumbar and cervical radiculopathy
Award/Settlement Amount: $12,731
Case Summary: Plaintiff was a passenger in a vehicle driven by her daughter. Defendant1 was operating a vehicle with the permission of Defendant2 at an intersection when a broadside collision occurred. Plaintiff alleged that Defendant ran a stop sign and collided with plaintiff’s vehicle. Defendants admitted liability. Plaintiff claimed he suffered disc herniation at C5-C6; and Lumbar and cervical radiculopathy; Plaintiff’s treating Doctor recommended future injections and surgery. Defense expert opined plaintiff’s medical reports revealed degenerative changes at L4-L5 as confirmed by an MRI. Defendants therefore contended that plaintiff’s lumbar spine injuries were degenerative in nature and unrelated to this accident. Jury returned $12,731.30 verdict for Plaintiff.
Location: Broward County, Florida
Case Name and Docket Number: Scott v. Charles , 08-14852 (03)
Moderate Injury Case Examples
Moderate car accident injuries take longer to heal and may keep the victim out of work for several weeks or months. Moderate injuries can include concussions, extensive soft-tissue injuries, simple fractures, herniated or bulging discs, and other injuries that may have residual effects.
Plaintiff Not Wearing Seatbelt in Broadside Collison
Type of Injury: Neck injury- a Syrinx at C6 resulting in extensive neck, head, and back pain.
Award/Settlement Amount: $19,000
Case Summary: Defendant pulled out from a side street and struck plaintiff’s vehicle broadside. Plaintiff claimed to have been wearing a seat belt at the time of the accident. However, defendant testified that he saw Plaintiff immediately after the impact and observed no shoulder strap in use. Plaintiff claimed extensive neck, head, and back pain. Cervical MRIs indicated a Syrinx at C6 which plaintiff’s doctor attributed to this accident. Defense Expert testified that there was no objective indication of a permanent injury, and that the Syrinx was observed to have no change on subsequent MRIs which indicated that the lesion was static, or pre-existed this accident. Jury determined Plaintiff was 30% negligent while defendant was 70% at fault. Jury awarded plaintiff $19,000.
Location: Volusia County, Florida
Case Name and Docket Number: Muscat v. McIlrath, 2000-32153 CICI
Side-Impact Accident Case Settled Before Trial
Type of Injury: Neck injury-a disc herniation at C5-C6
Award/Settlement Amount: $20,663
Case Summary: Plaintiff was operating a vehicle at an intersection, when Defendant pulled out of a driveway and struck the passenger side of Plaintiff’s vehicle. The court determined liability on the part of Defendants and trial proceeded as to causation and permanency of Plaintiff’s injuries. Plaintiff suffered a disc herniation at C5-C6. Plaintiff’s treating physician testified that plaintiff was at maximum medical improvement with a 7% impairment but was not a surgical candidate. Defense Expert stated the Plaintiff’s MRI of the cervical spine showed degenerative changes and findings at C5-C6 and C6-C7. He further indicated that there was no evidence of disc herniation; and there is no objective evidence to suggest permanent physical impairment which could be considered a direct or specific result of the accident. The parties subsequently settled the case for $20,663.04.
Location: Seminole County, Florida
Case Name and Docket Number: Fatula v. Iyer, 98-1530-CA-08
Plaintiff Shares Fault for Broadside Collision
Type of Injury: Hand injury-a degloved left hand; whiplash injury
Award/Settlement Amount: $25,000
Case Summary: Defendant 1, the operator of a vehicle owned by Defendant 2 broadsided Plaintiff’s vehicle in the middle of the intersection. The collision caused Plaintiff’s vehicle to flip over. Defendant1 claimed that she had a green light and was going through the intersection when Plaintiff’s vehicle struck her vehicle, and that Plaintiff caused the accident. Plaintiff claimed he sustained a degloved left hand and whiplash injury. The jury found negligence on the part of both Plaintiff (20%) and Defendant (80%). Plaintiff subsequently accepted defendants’ offer of settlement in the amount of $25,000.
Location: Volusia County, Florida
Case Name and Docket Number: Elbadramany v. Foster, 2006-30136-CICI
No Permanent Injury from Side-Impact Crash
Type of Injury: Soft tissue back injury-lower back pain; others-right knee and hip pain
Award/Settlement Amount: $32,000
Case Summary: Plaintiff was driving south near an intersection controlled by a traffic light. At the same time, a vehicle operated by defendant ran a red light at the intersection and broadsided Plaintiff’s vehicle. Plaintiff suffered from right knee and lower back pain; and hip pain (mostly in sacroiliac joint). Defendants admitted liability for the accident. The jury found that the negligence on the part of Defendants was a legal cause of loss, injury, or damage to Plaintiff. The jury also found that Plaintiff did not sustain a permanent injury within a reasonable degree of medical probability because of this accident. Plaintiff received $15,000 – past medical expenses; and $17,000 – past lost earnings.
Location: Collier County, Florida
Case Name and Docket Number: Brandt v. Tripp, 06-0702-CA
Defendant Admits Liability for Broadside Collision
Type of Injury: Soft tissue neck, back and right knee injury
Award/Settlement Amount: $36,481
Case Summary: Plaintiff and defendant were operating their respective vehicles on intersecting streets. Defendant failed to yield to a stop sign, resulting in a broadside motor vehicle accident with plaintiff’s vehicle. Plaintiff suffered soft tissue neck, back and right knee injury. Defendant admitted liability for causing the accident and the case proceeded to trial on issues of damages only. The jury awarded plaintiff $36,481.
Location: Orange County, Florida
Case Name and Docket Number: Quintyne, II v. Wolf, 16-6378-CI
T-Bone Crash Case Settles After Defendant Admits Liability
Type of Injury: Neck and back injuries-multiple disc herniations from C3 to T1; and disc herniation at C4-C5
Award/Settlement Amount: $38,878
Case Summary: Defendant was attempting to make a left turn into the parking lot of the apartment complex when his vehicle was t-boned by another vehicle. The impact caused defendant’s vehicle to overturn onto the hood of Plaintiff’s vehicle. Plaintiff suffered multiple disc herniations from C3 to T1; and disc herniation at C4-C5. Defendants alleged that Plaintiff’s vehicle was encroaching too closely into the intersection at the time of the accident. On the first day of the trial, Defendants stipulated as to liability. Case subsequently settled for $38,878.45.
Location: Seminole County, Florida
Case Name and Docket Number: Hardy v. Adams, 06-CA-2585-08
Jury Verdict for Side-Impact Collision Victim
Type of Injury: Soft tissue injuries to neck and low back; Others-broken tooth; contusion of fifth metacarpal of left hand; and bilateral carpal tunnel syndrome
Award/Settlement Amount: $83,414
Case Summary: Defendant driver pulled out from the stop sign and struck Plaintiff’s vehicle on the left front side. Plaintiff’s vehicle was totaled. Plaintiff suffered soft tissue injuries to neck and low back; broken tooth, requiring in a permanent crown; contusion of fifth metacarpal of left hand; and bilateral carpal tunnel syndrome. Plaintiff incurred approximately $12,500 in medical bills because of the accident. Defendant admitted liability, but disputed causation and damages. The jury returned a plaintiff verdict in the amount of $83,414.16 ($13,414.16-past medical expenses; $ 10,000-future medical expenses; $10,000-past pain and suffering; $50,000-future pain and suffering).
Location: Palm Beach County, Florida
Case Name and Docket Number: Coleman v. Stukel, CL 99-11885 AO
Parked Cars Blamed for T-Bone Collision
Type of Injury: Right knee injury- exacerbated residual problems from prior bilateral knee surgeries; aggravation of a prior shoulder injury, and head and neck injuries
Award/Settlement Amount: $87,518
Case Summary: Defendant claimed that numerous parked vehicles and a UPS truck blocked her view. Defendant then proceeded through the intersection into the path of Plaintiff. Plaintiff was unable to stop and collided with the side of Defendant’s vehicle in a t-bone collision. Plaintiff claimed injuries to right knee and heel which exacerbated residual problems from prior bilateral knee surgeries, a prior shoulder injury, and head and neck injuries. Plaintiff’s medical expenses totaled $42,518. The case went to non-binding arbitration and Plaintiff asked for $315,400 in damages. The non-binding arbitration award was $87,518, which both parties accepted.
Location: Collier County, Florida
Case Name and Docket Number: Daly v. Ziegenhorn, 01-3962-CA
Severe Injury Case Examples
Severe side-impact injuries can include disabling brain and spinal cord injuries, complicated or multiple fractures, internal injuries, and more. Victims may be unable to resume their former occupation or activities of daily living.
Faulty Traffic Signal Blamed for Side-Impact Collision
Type of Injury: Neck injury-disc herniation C4-C5 and C5-C6; Others-radiculopathy; headaches, fractured clavicle; possible closed head injury
Severity Rating: Severe
Award/Settlement Amount: $90,000
Case Summary: Defendant failed to stop at an intersection and struck Plaintiff’s vehicle on the driver’s side. Defendants claimed that a heavy storm the previous night caused the intersection lights to malfunction. Plaintiff argued the rules of the road required a malfunctioning intersection light to be treated as a four-way stop, and an eyewitness indicated that Plaintiff entered the intersection before Defendant driver, who was speeding, and violently struck Plaintiffs’ vehicle. Plaintiff claimed disc herniation at C4-C5 and C5-C6 levels; radiculopathy; headaches; fractured clavicle; and a possible closed head injury. Case settled for $90,000 prior to trial. Defendants had policy limits of $100,000.
Location: Broward County, Florida
Case Name and Docket Number: Ferazzi v. Kirby, 00-6941 CACE 18
Child Ejected From Car in Broadside Collision
Type of Injury: Plaintiff driver: Neck injury-a fracture of transverse process of C4; others-loss of consciousness and traumatic brain injury
Award/Settlement Amount: $100,000
Case Summary: Plaintiff was traveling with his minor son, who was strapped into an infant seat located in the rear passenger side of the vehicle. The defendant driver was traveling east operating a vehicle owned by her employer. Defendant driver broadsided Plaintiffs’ vehicle causing the minor to be ejected from the infant seat. Plaintiff suffered a fracture of transverse process of C4; loss of consciousness and traumatic brain injury resulting in inability to work. The minor suffered an open skull fracture; right subdural hematoma; and Grade I liver hematoma. Plaintiffs’ negligence claim against defendants settled for defendant’s $100,000 policy limits. Plaintiff had also filed a product liability lawsuit against the manufacturer of the car seat, defendant 3, who did not appear. Court entered Judgment for plaintiff against defendant 3 in the amount of $1,559,227.64.
Location: Charlotte County, Florida
Case Name and Docket Number: Edic v. Manasota Motor Cars, Inc., 99-538-CA
Jury Rules in Favor of T-Bone Crash Victim
Type of Injury: Neck injury-disc protrusion at C6-C7; Back injury-disc herniations at L4-L5 and L5-S1
Award/Settlement Amount: $211,400
Case Summary: As Plaintiff proceeded through the intersection, a vehicle operated by Defendant pulled out to make a left turn and collided with plaintiff’s vehicle in a T-bone collision. Upon impact, Plaintiff’s vehicle rotated clockwise into the path of an oncoming vehicle. Plaintiff’s vehicle was struck in the right rear by a third vehicle. Plaintiff suffered disc protrusion at C6-C7; and disc herniations at L4-L5 and L5-S1. At the pre-trial conference, the court ruled in favor of Plaintiff as to liability and causation. The jury awarded $211,399.81 to Plaintiff.
Location: Pasco County, Florida
Case Name and Docket Number: Wesler v. Strom, 51-2007 CA 003991ES
Ambulance Broadsides Driver’s Side of Victim’s Car
Type of Injury: Closed head injury; Others-right knee injury (fracture and anterior cruciate ligament damage); and soft tissue injury to left shoulder
Award/Settlement Amount: $280,000
Case Summary: Plaintiff vehicle was struck on the driver’s door by an ambulance being operated with lights and sirens. Plaintiff alleged that Defendant was violating its own regulations by exceeding the speed limit by twenty mph and entering an intersection against a red light, without coming to a stop and making sure that traffic was clear. Plaintiff suffered severe injuries, including a closed head injury. The ambulance crew contended that at the time they entered the intersection the light was yellow. Defendant further contended that Plaintiff entered the intersection against a red light, failed to yield to an emergency vehicle, and stopped in the middle of the intersection. However, parties settled for $280,000 prior to trial.
Location: Marion County, Florida
Case Name and Docket Number: Wilson v. Pettis, JR, 00-918-CAV
Defendant Fully Liable for Intersection T-Bone Collision
Type of Injury: Shoulder injury-Aggravation of preexisting rotator cuff tears
Award/Settlement Amount: $280,312
Case Summary: Plaintiff was stopped at a light. Plaintiff alleged that the light turned from red to green, and he began to cross over the road when defendant, ran a red light and t-boned Plaintiff’s vehicle. Defendant alleged that Plaintiff was comparatively negligent because he entered the intersection very slowly on the green light and came to a creep or a stop. The plaintiff was paraplegic and was driving with hand controls. Rotator cuff tears were documented by an MRI prior to this accident. The accident caused Plaintiff to sustain complete tears, and he could not raise his arms above his shoulders. Defendant alleged the rotator cuff tears were pre-existing. Summary judgment was entered on the defendant’s liability. The jury awarded $280,312.47 to Plaintiff.
Location: Broward County, Florida
Case Name and Docket Number: Sidirourgos v. United Services Automobile , 02-10245 21
Side-Impact Collision From Improper Left Turn
Type of Injury: Neck injury-herniated disc at C5-C6; and hypermobility at C4-C5
Award/Settlement Amount: $325,000
Case Summary: Plaintiff t-boned a vehicle owned by Defendant 1 and operated by Defendant2 because defendant2 made an improper left turn and failed to yield the right-of-way in front of Plaintiff’s vehicle. Even though it was clear from witnesses that defendant2 had violated Plaintiff’s right-of-way, Defendants nevertheless continued to maintain that Plaintiff was comparatively negligent based upon their unfounded allegation of excessive speed on the part of Plaintiff. Plaintiff suffered herniated disc at C5-C6; and hypermobility at C4-C5. Plaintiff underwent two cervical surgeries from two different neurosurgeons. After deposition was taken of the neurosurgeon who performed the first surgery, indicating that that Plaintiff’s problems were pre-existing in nature and that even without this accident, plaintiff needed surgery from a prior accident on Plaintiff’s cervical spine, case settled for $325,000.
Location: Orange County, Florida
Case Name and Docket Number: Schwier v. CSX Transportation, 02-CA-5056
Motorcycle Broadsides Vehicle That Failed to Yield
Type of Injury: Leg injury-a comminuted displaced fracture of the left femoral shaft; Others-a ruptured bladder, pelvic, left femoral neck, and left calcaneus fractures
Award/Settlement Amount: $435,000
Case Summary: Plaintiff, operating a motorcycle, broadsided defendant’s vehicle that pulled out from a side street intending to cross a highway and make a left turn. There was a dispute as to the speed of the motorcycle prior to impact. Plaintiff suffered a ruptured bladder; pelvic, left femoral neck, and left calcaneus fractures; and comminuted displaced fracture of the left femoral shaft. Plaintiff underwent surgical repair for the bladder. He also underwent an open reduction for the fractures with screws, plates, and bone grafting. Defendants ‘driver claimed that he was stopped and waiting for traffic to clear when the motorcycle approached and struck his vehicle at a high rate of speed. Plaintiff testified that he was traveling at the speed limit. Parties reached $435,000 settlement after the first day of trial.
Location: Broward County, Florida
Case Name and Docket Number: Nardone v. Alamo Rent-A-Car, Inc., 99-6791
Hauling Truck Runs Red Light, Broadsides Plaintiff’s Car
Type of Injury: Head injury-concussion, memory loss, and post-traumatic headaches; tear to silicone breast implant; posterior bulging discs at L4-5 and L5-S1
Award/Settlement Amount: $622,416
Case Summary: A demolition hauling truck operated by a driver of defendant ran the red light at the intersection, causing a broadside collision with plaintiff’s vehicle. The impact caused the driver’s side front wheel assembly of plaintiff’s vehicle to be folded up and defendant’s demolition hauling truck to be overturned in the roadway. Defendant admitted liability but disputed the permanency of plaintiff’s injuries. Plaintiff suffered a head injury with concussion, memory loss, post-traumatic headaches, tear to silicone breast implant, and posterior bulging discs at L4-5 and L5-S1. Plaintiff underwent an anterior fusion from C5 through C7 with the insertion of screws. The jury found that the plaintiff sustained a permanent injury, awarding her $622,416.31.
Location: Orange County, Florida
Case Name and Docket Number: Bassett v. Central Environmental Services , 07-CA-11884
Passenger Seriously Injured in Motorcycle Broadside Crash
Type of Injury: Leg injury-a degloving and crush injury to left ankle and foot
Award/Settlement Amount: $1,025,158
Case Summary: Plaintiff was a passenger on a motorcycle owned by Defendat1. Defendant1 collided with a vehicle operated by Defendant 2. Plaintiff and defendant2 alleged that Defendant1 missed a turn off and was either going to make a U-turn or a left turn. Defendant1 was moving from the right side to the left side of the two-lane road and pulled directly out in front of defendant2’s vehicle and his motorcycle was struck broadside. Plaintiff suffered a degloving and crush injury to left ankle and foot requiring ankle fusion and a possible hip and back surgeries due to leg length discrepancy. Defendants alleged that Plaintiff was totally disabled before the accident. Jury determined that Defendant1 was 100% at fault for the accident. Jury returned $1,025,158.31 verdict for Plaintiff against Defendant1 only.
Location: Broward County, Florida
Case Name and Docket Number: Jackson v. Philbin, 00-19631 05
Jury Finds Tractor-Trailer Driver Liable for Victim Injuries
Type of Injury: Back injuries-herniated discs in the lower back at L4-L5, L5-S1 and L3-L4
Award/Settlement Amount: $4,082,461
Case Summary: While Plaintiff was stopped at a red light at an intersection, Defendant’s tractor trailer struck the driver’s side of Plaintiffs’ vehicle. Plaintiff suffered three herniated discs in the lower back. A lumbar spinal fusion was performed, including discectomy at the L4-L5 and L5-S1 level. A second surgery was performed at the L3-L4 level. Plaintiff’s Doctor testified at the trial and rendered an opinion that the injuries plaintiff suffered from were causally related to the accident in question. Defendants retained an Expert Doctor to examine Plaintiff. The Expert testified that plaintiff’s injuries were not causally related to the motor vehicle accident but, rather, were the result of a degenerative disc disease which existed prior to the accident. The jury returned a plaintiff verdict for $4,082,461.10.
Location: Miami-Dade County, Florida
Case Name and Docket Number: Alonso v. WTNS Express, 98-18891 CA 27
Brain Injuries, Partial Paralysis From Side-Impact Collision
Type of Injury: Head injury-Brain and neurological injuries resulting in incomplete paraplegia
Award/Settlement Amount: $25,000,000
Case Summary: Plaintiff’s vehicle was broadsided by a vehicle operated by defendant at an intersection. Both drivers claimed they had the green light when they entered the intersection. Police officers who reconstructed the accident could not determine which driver was at fault. The plaintiff called six eyewitnesses to the stand at trial. One witness testified that the stoplight for the defendant was red at the time of the accident. Plaintiff suffered brain and neurological injuries resulting in incomplete paraplegia. He was unable to walk without leg braces and the use of canes or a walker. The jury found for the plaintiff in the amount of $25 million.
Location: Cook County, Florida
Case Name and Docket Number: Chraca v. Miles, 04 L 9461
Methodology
Average settlement amounts are from actual Florida side-impact cases that we compiled and analyzed. The case group does not include wrongful deaths or cases that failed to result in a payout to the injured party.
Average settlements are calculated by adding the total payout in a group, then dividing by the number of cases in the group. Because an exceptionally high payout will artificially raise the average for a group, a side-impact case with a $25,000,000 jury award was not included in the average calculations.