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How Long Do Medical Malpractice Settlements Take in Florida?

Jan 5, 2026

Find out how long medical malpractice settlements take in Florida, what delays claims, and when most cases settle according to a report from the State.

Medical malpractice claims can be complex and time-consuming, often taking years to resolve. While most settlements in Florida are finalized within one to three years, the exact timeline depends on factors like the severity of the injury, the discovery of harm, and the number of parties involved. So, how long do medical malpractice lawsuits take in Florida? The answer isn’t straightforward, but understanding the data can help set realistic expectations.

In this article, we’ll break down:

How Long Claims Actually Take

While it is possible that medical malpractice cases can be resolved in as little as a year, most take much longer. According to the 2024 Florida Office of Insurance Regulation (FLOIR) Closed Claim Report:

  • Average Timeline: According to the report, the average time from claim filing to resolution is 870 days (about 2.4 years). This figure reflects cases that were resolved through settlement, dismissal, arbitration, or trial.
  • Discovery Delays: Many claims are filed months or years after the malpractice event due to delayed diagnoses, gradual injury development, or the connection between treatment and harm not becoming clear for a long time.
  • Total Timeline: Including the time between the malpractice event and claim filing, most cases take 3-5 years to resolve.

What Does the FLOIR Report Tell Us?

The Florida Office of Insurance Regulation (FLOIR) Closed Claim Report provides critical insights into the timeline of medical malpractice claims. Key findings include:

  • Occurrence to Report: The time between the malpractice event and when the claim is reported to the insurer. This varies widely, especially in cases of delayed discovery.
  • Report to Disposition: The time from claim reporting to resolution, averaging 870 days.

Understanding these timelines can help claimants set realistic expectations and prepare for the claims process, whether they are pursuing a settlement or preparing for litigation.

Factors That Cause Delays

Looking closely at the table above, you will notice that some claims appear to resolve quickly compared to others. Several factors can extend the timeline for resolving a medical malpractice claim, including:

  • Multiple Defendants: Cases involving hospitals, physicians, and specialists require coordination across parties.
  • Severe Injuries: Catastrophic injuries often require extensive expert testimony and higher damages, leading to prolonged disputes.
  • Causation Disputes: Disagreements over whether the provider’s actions caused the injury can delay resolution.
  • High Damages: Insurers may aggressively contest claims involving significant compensation.

Law Note: Florida law limits how long patients have to bring a medical malpractice claim. Under Florida Statutes § 95.11(5)(c), there is a strict filing deadline of two years after the incident occurred, with limited exceptions for delayed discovery. These deadlines are covered in more detail in our guide on medical malpractice lawsuits.

When Most Lawsuits Settle

Not all medical malpractice lawsuits make it to trial. It’s common for them to be settled during the pre-suit investigation period or in the mid stages of litigation, usually after the discovery process is underway or completed. As part of the process, insurers review medical records, consult with experts, and assess exposure before attempting to reach an out-of-court settlement.

Based on the average 870-day claim-to-closure timeline, many settlements occur roughly two to three years after a claim is filed. Cases may resolve more quickly if liability is uncontested and damages are well documented. If this is not the case, then the claim is more likely to go through the full litigation process with a jury rendering a verdict.

Signs of a Good Settlement Offer

During settlement negotiations, a good medical malpractice attorney aims to secure an offer substantial enough to fully compensate the victim for their losses and to provide financial security. Some indicators of meeting this standard include:

  • Comprehensive Coverage: Payment that covers all past and future medical expenses
  • Income Compensation: Reimbursement for lost income or diminished earning capacity
  • Non-Economic Damages: Reasonable compensation for pain, suffering, and emotional distress
  • Clear Terms: A defined payment timeline and resolution of any liens or subrogation claims

A good settlement ensures the victim is made whole without the risks and delays of trial.

Legal Tip: Settlement values can vary widely depending on the severity of the injury and the losses suffered. However, the average medical malpractice payout typically ranges between $320,000 and $1.3 million.

Have a Question?

Medical malpractice claims can be lengthy and complex, but understanding the process can help you navigate it with confidence. If you’ve been injured due to medical negligence, don’t face the challenges alone. Experienced medical malpractice attorney Alan Sackrin works with clients throughout Florida to evaluate claims and guide you through each stage of the process, ensuring you receive the compensation you deserve. Contact Alan Sackrin today online, or by calling (954) 458-8655 to book a consultation.