Personal Injury Mediation in Florida
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Florida, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$15,000 – $75,000
Avg Settlement
How Mediation Works in Florida
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Florida. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Florida Injury Law Overview
Florida underwent major personal injury law reform in 2023. The state remains a mandatory no-fault PIP insurance state, requiring $10,000 in PIP coverage to access medical benefits without proving fault. However, the 2023 HB 837 reform shifted Florida from pure comparative fault to modified comparative fault with a 51% bar, preventing plaintiffs bearing majority fault from recovering. The same law reduced the statute of limitations from 4 years to 2 years. These changes significantly favored defendants and insurers. Plaintiffs must still meet a serious injury threshold to step outside the PIP system and file a tort lawsuit for pain and suffering damages. Florida sees high litigation volumes due to its large elderly population, heavy tourist traffic, and active construction industry. Medical malpractice cases require a pre-suit investigation period and expert affidavit. Wrongful death claims have a 2-year statute of limitations under Fla. Stat. § 95.11.