Head & brain settlements
in Florida.
A jury awarded $60,000 to a man whose jaw was broken in an assault involving boxer Shakur Stevenson, far below the millions sought. The trial judge ordered a new trial over the defense’s closing remarks, and the appeals court agreed.
Facts that decide a head & brain claim in Florida
| Improper closing argument | Comments that impugn opposing counsel can require a new trial even without an objection at the time, when they damage the fairness of the trial.Stevenson v. Israeli (Fla. 3d DCA 2025) |
|---|---|
| Deadline to sue | Two years for “an action founded on negligence.”Fla. Stat. § 95.11(4)(a) |
| Fault rule since 2023 | In 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) |
| Seat belt use | Can be comparative negligence, but not negligence per se and not mitigation of damages.Fla. Stat. § 316.614(10), in the MyClaimWorth seat belt chart |