Florida Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement under Florida law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What Florida law does to your claim
Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
Florida changed from pure to modified comparative fault in 2023. Recovery barred at 51% or more plaintiff fault.
Fla. Stat. § 768.81(6); HB 837, ch. 2023-15, Laws of Florida·Source retrieved 2026-07-27
Fla. Stat. § 766.118; Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014); North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017)·Source retrieved 2026-07-27
A notice of intent to each prospective defendant after a presuit investigation, then 90 days in which no suit may be filed. Fla. Stat. § 766.106(2)(a), (3)(a) reads: “After completion of presuit investigation pursuant to s. 766.203 (2) and before filing a complaint for medical negligence, a claimant shall notify each prospective defendant of intent to initiate litigation for medical negligence by at least one of the following verifiable means:” and “A suit may not be filed for a period of 90 days after notice is delivered to any prospective defendant.” We read this section only, so it is not a complete list of what Florida requires before a suit.
Fla. Stat. § 766.106(2)(a), (3)(a)·Last reviewed 2026-10-16
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
What partial fault costs you in Florida
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under Florida law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every Florida deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the Florida periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
Fla. Stat. § 95.11(5)(a)·Source retrieved 2026-07-27
Open the personal injury calculatorFla. Stat. § 95.11(5)(c)·Source retrieved 2026-07-27
Open the medical malpractice calculatorFla. Stat. § 95.11(5)(e)·Source retrieved 2026-07-27
Open the wrongful death calculatorFla. Stat. § 440.19·Source retrieved 2026-07-27
Open the workers compensation calculatorFla. Stat. § 95.11(5)(a)·Source retrieved 2026-07-27
Open the slip and fall calculatorFlorida runs a 2-year period for negligence claims and a 4-year period for claims founded on statutory liability, and Fla. Stat. 767.04 creates statutory dog-bite liability. Which period governs was not resolved from a primary source, so no figure is published here. Ask a Florida attorney about your filing deadline before you rely on any number.
Open the dog bite calculatorFlorida against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 24 of the 51 jurisdictions we track apply modified comparative negligence with a 51% bar, and Florida is one of them.
- Its 2 years to file is the same as the most common deadline in the country, which 31 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
- We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. Florida is one of them.
- 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data and Florida is not among them, so an estimate here is not held down by a ceiling we hold.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology
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Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.