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★ Florida · back & spine

Back & spine settlements
in Florida.

By Reviewed by Abd Shanti, Founder9 min read

Florida appeals courts will not let a jury pay the medical bills and ignore the pain. A zero award for past pain and suffering in a neck and back case was reversed as inadequate as a matter of law.

Facts that decide a back & spine claim in Florida

Zero pain awardsWhere the evidence shows injury and treatment, a verdict of zero for past noneconomic damages can be inadequate as a matter of law.Arias v. Porter (Fla. 2d DCA 2019)
No fault thresholdPain and suffering from a car crash requires significant and permanent loss of an important bodily function, a permanent injury within a reasonable degree of medical probability, significant and permanent scarring or disfigurement, or death.Fla. Stat. § 627.737(2)
Deadline to sueTwo years for “an action founded on negligence.”Fla. Stat. § 95.11(4)(a)
Fault rule since 2023In a negligence action, “any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” Medical negligence cases are excluded and keep pure comparative fault.Fla. Stat. § 768.81(6)
Claims against governmentLiability is capped at $200,000 per person and $300,000 per incident; claims must be presented within 3 years.Fla. Stat. § 768.28
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★ FL · reported back & spine outcomes

What Florida courts have awarded.

Real Florida decisions and verdicts, each linked to the court record or official report.

  • Arias v. Porter
    Florida Second District Court of Appeal · 2019
    Zero past noneconomic verdict reversed

    Clemente Arias claimed a crash aggravated neck and back conditions permanently and that he would likely need back surgery. He sought $68,514.19 in past medical expenses; estimates of future care ranged from $173,711 to $2,500,000, including $120,000 for neck surgery and $100,000 for back surgery. The jury awarded nothing for past pain and suffering, and the Second District reversed that part as inadequate as a matter of law.

  • Fasani v. Kowalski
    Florida Third District Court of Appeal · 2010
    $413,434 verdict; new trial on key damages

    Kowalski was hurt in an elevator accident, and the defendants conceded liability. The jury awarded $413,434, including $13,434 in past medical expenses, $120,000 for future care, $30,000 for loss of earning capacity and $100,000 for past pain. Plaintiff’s counsel suggested without evidence that the defense had tried to clean up blood at the scene. The court reversed for a new trial on past medical expenses and past and future pain and suffering.

★ FL · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in Florida.

  1. 1

    An aggravation of an existing condition is compensable. Arias’s claim rested on the crash making prior neck and back problems permanently worse.

  2. 2

    Future surgery evidence varies widely. The range in Arias, from $173,711 to $2.5 million, shows how much depends on the experts each side presents.

  3. 3

    Zero for pain is vulnerable on appeal when treatment is undisputed, as Arias shows.

  4. 4

    Improper argument cuts both ways. In Fasani the plaintiff’s own lawyer overreached in closing, and part of a $413,434 verdict had to be retried.

★ FL · statute of limitations
2 years from date of injury (was 4; reduced by HB 837)

Fla. Stat. § 95.11(4)(a)

★ FL · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.

★ back & spine · same region & fault regime

Compare to like jurisdictions.

How Florida's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
Florida · you are hereModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)—
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · back & spine →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · back & spine →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · back & spine →
MississippiPure comparative negligence3 years from date of injuryMS · back & spine →
North CarolinaPure contributory negligence3 years from date of injuryNC · back & spine →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · back & spine →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · back & spine →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
IndianaModified comparative, 51% bar2 years from date of injuryIN · back & spine →
IowaModified comparative, 51% bar2 years from date of injuryIA · back & spine →
IdahoModified comparative, 50% bar2 years from date of injuryID · back & spine →
KansasModified comparative, 50% bar2 years from date of injuryKS · back & spine →
★ FL · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

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Sources

Checked 2026-09-29.

★ all of FL
Florida overview

Fault rule, statute, caps, and key facts for Florida as a whole.

★ national frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Florida. See /methodology, /sources, and /disclaimer.