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★ Florida · head & brain

Head & brain settlements
in Florida.

By Reviewed by Abd Shanti, Founder9 min read

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 argumentComments 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 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)
Seat belt useCan be comparative negligence, but not negligence per se and not mitigation of damages.Fla. Stat. § 316.614(10), in the MyClaimWorth seat belt chart
★ FL · reported head & brain outcomes

What Florida courts have awarded.

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

  • Florida Third District Court of Appeal · 2025
    $60,000 verdict; new trial affirmed

    Sagiv Israeli and two others sued boxer Shakur Stevenson and another man for assault and battery in 2018; Israeli had a broken jaw and a head injury, and Stevenson had already paid $60,000 in medical bills. The experts disputed whether Israeli had a moderate traumatic brain injury. The jury awarded $60,000 in past damages and nothing for the future. The trial court granted a new trial over defense remarks suggesting the claims grew once Stevenson’s fights were publicized, and the Third District affirmed.

  • Florida Fourth District Court of Appeal · 2015
    Defense verdict affirmed

    Alexis Cantore was diagnosed as a child with hydrocephalus caused by a benign tumor blocking the flow of spinal fluid around her brain. A 2006 procedure relieved it, but scar tissue formed, and scans in 2007 and 2008 showed fluid building up again before a second procedure could be done. The family sued the hospitals and doctors, and the jury found for the defense; the court affirmed, calling it a sad case where bad things happen that are nobody’s fault.

★ FL · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Florida.

  1. 1

    Brain injury claims live or die on the experts. The dispute in Stevenson was whether Israeli’s head injury was a moderate traumatic brain injury at all.

  2. 2

    Discharge records are used against you. The defense pointed to records showing Israeli was doing well when he left the hospital.

  3. 3

    Fairness at trial matters. The verdict was set aside because defense counsel attacked the credibility of the plaintiffs’ lawyers.

  4. 4

    Medical brain injury cases need proof of a missed chance. In Cantore the jury accepted that the worsening of her hydrocephalus was not caused by anyone’s negligence.

★ 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.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
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 · head & brain →
MississippiPure comparative negligence3 years from date of injuryMS · head & brain →
North CarolinaPure contributory negligence3 years from date of injuryNC · head & brain →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · head & brain →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · head & brain →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · head & brain →
IndianaModified comparative, 51% bar2 years from date of injuryIN · head & brain →
IowaModified comparative, 51% bar2 years from date of injuryIA · head & brain →
IdahoModified comparative, 50% bar2 years from date of injuryID · head & brain →
KansasModified comparative, 50% bar2 years from date of injuryKS · head & brain →
★ FL · head & brain · frequently asked

Common questions.

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

★ 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.