Pre-Trial Settlement Proposals in Florida
Florida’s settlement proposal (Section 768.79, Rule 1.442) encourages realistic case evaluation. Strategy: timing (early for max fees), realistic amounts, and multi-defendant apportionment. HB 837 (2023 tort reform) changed dynamics: 51% comparative bar, 2-year SOL, and lower potential recoveries affect calculations.
Strategic Timing
- Early: maximizes post-offer fee exposure
- Late enough for sufficient case information
- Before discovery cutoff
Amount Considerations
- Realistic but favorable for 25% threshold
- Account for comparative fault risk
- Multi-defendant apportionment
HB 837 Impact
- 51% bar: increased plaintiff risk
- 2-year SOL (negligence)
- Lower potential recoveries
Related Terms
- Settlement — Case resolution
Barnes Walker Litigation
Barnes Walker’s attorneys craft strategic settlement proposals in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC