Serving all of Florida
What Is My Florida Injury Case Worth?
The first number an insurance company says out loud is almost never what your case is really worth. For nearly two decades I built those numbers for their side. Now I build them for yours.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
How is the value of a Florida personal injury case actually calculated?
There is no formula. Any online 'calculator' that promises a number is guessing.
The real value starts with what the injury cost you in money: medical bills (past and future), lost wages, and income you can no longer earn. Then add what it cost you in other ways: pain, suffering, and how it changed your daily life.
That total goes up or down based on a few things. How clear it is that the other side caused it. Your own share of the blame (under Fla. Stat. § 768.81, if you were more than 50% at fault, you get nothing). Where the case would be tried. How good your records are. And, very often, the real limit: how much insurance there is to collect from.
The insurance company has its own system for coming up with a smaller number. I explain it below. I know how the number is built and where they quietly shrink it. No lawyer can promise you a figure. Every case is different, and past results never guarantee what happens next. But I can tell you what will drive yours.
What decides the number
- Two kinds of damages
- Money losses (bills, lost wages, future care) plus pain and suffering
- The 50% rule
- Your share of the blame is taken out of what you get. Over 50% and you get nothing (Fla. Stat. § 768.81)
- Insurance sets the ceiling
- If the other driver's policy is small, that may be all you can collect from them. That's why your own uninsured driver coverage (UM/UIM) matters.
- No formula, no calculator
- The “3× your medical bills” rule is a myth. Real cases don’t work that way.
What moves value up or down
The factors that decide what your case is worth
Clear liability
When fault is obvious and well-documented, the claim is worth more.
Serious or permanent injury
Surgery, lasting disability, or scarring raise both your medical costs and what you're owed for pain and suffering.
Strong documentation
Consistent treatment records and proof of lost income make the number harder to discount.
Gaps in treatment
Delays or missed appointments give the insurance company a reason to pay less.
Your share of fault
Every percent of blame the insurance company puts on you is taken out of your payment. That's why they'll say you were speeding, distracted, or not wearing a seat belt.
Available insurance
The most the policy pays is often the most you can collect. Your own UM/UIM, or more than one company to sue, can raise that.
Related: How insurance companies value claims · The 51% fault rule · UM/UIM coverage · Case results
Why the first offer is low
How the insurance company builds a smaller number
Valuation software
The insurance company's adjusters run your claim through computer programs. Those programs are built to make payouts uniform and small, not to be fair to you.
Rewarded for paying less
The adjuster is judged on how low they keep payments. Knowing that changes how you negotiate.
The fast lowball
A quick offer often arrives before you know how badly you are hurt. If you accept it, the case is closed for good.
Punitive damages
When punitive damages can raise the stakes
Most injury cases are about paying you back for what the crash cost you. Punitive damages are different. They punish someone who acted on purpose or with extreme recklessness, and they warn others not to do the same. In the rare case that qualifies, they are added on top of your normal payment. Florida sets a high bar, and you can't simply ask for them.
When they apply
Only when someone acted on purpose or with gross negligence, meaning extreme carelessness (Fla. Stat. § 768.72). Ordinary carelessness is not enough. Think of a drunk driver, or someone who knew the danger to others and ignored it. And you must first show the court reasonable evidence before the claim is even allowed into the case.
The Florida caps
Florida generally caps punitive damages at three times your normal payment (what the law calls compensatory damages) or $500,000, whichever is more. The cap rises to four times (or $2 million) when the person did it only to make money in an unreasonable way. And there is no cap when the person you are suing meant to harm you (Fla. Stat. § 768.73).
What the 2026 ruling changed
In June 2026, the Florida Supreme Court (Perlmutter v. Federal Insurance Co.) made it a bit easier to ask for punitive damages. To get them into the case, the injured person now only has to show the judge their evidence, and the judge looks at it in the light most favorable to them. The stricter 'clear and convincing' test still applies at trial. So asking is easier. Winning them is still hard.
Punitive damages are the exception, not the rule. Whether you can get them depends entirely on the specific facts. This is general information about Florida law, not a prediction about any case.
Client reviews
What clients say
“Thank You so much You’re my Attorney for Life.”
— Tekia Jones · Avvo“His long experience working for the other side — the insurance companies — is absolutely invaluable when negotiating a payout.”
— Victor · Avvo“Mr. Galimidi took on my case after I totaled my car in an accident. He always got back to me the same day with answers and updates. I highly recommend him.”
— Jacqueline Earls · Google“The use of this firm has been smooth — always updated and professional.”
— Ernie Coluzzi · AvvoIndividual results; outcomes vary by case. Reviews are from the firm’s Google and Avvo profiles.
Questions people ask
Case-value questions
Is there a formula or calculator for my settlement?
No. Anyone promising a dollar figure from an online form is guessing. Value comes from your specific injuries and treatment, your lost income, the facts about who was at fault, and the insurance available. Not a fixed multiplier.
Can you tell me what my case is worth over the phone?
Not a firm number on day one. An honest value needs your medical records, the facts about who was at fault, and the insurance available. But I can tell you quickly whether you have a real claim and what will drive its value.
Will my own fault lower what I get?
Yes. Under Fla. Stat. § 768.81, your payment is cut by your percentage of the blame. If you are found more than 50% at fault, you get nothing. Insurance companies push hard to shift blame onto you, so I fight hard over how the blame gets split.
What if the at-fault driver has very little insurance?
If the other driver's policy is small, that may be all you can collect from them. That's why your own uninsured driver coverage (UM/UIM) matters so much. It is part of your own policy, and it pays when the other driver has no insurance, or not enough. It can turn a small payout into a full one.
How much does a lawyer cost?
You pay nothing up front. My fee comes out of the money I get for you (this is called a contingency fee). The case review is free, and you pay no attorney fees or costs unless the firm wins money for you.
Find out what your case is really worth. The case review is free.
You'll talk to me, a senior attorney who spent nearly two decades putting values on claims for the insurance companies. Not a case manager. No fees or costs unless we recover for you.
Call 786-442-2873This page is general information, not legal advice, and does not create an attorney-client relationship. No result is guaranteed — every case is different and past results do not guarantee a similar outcome. Attorney advertising.