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Orlando vs. Florida: Personal Injury Case Analysis

After analyzing over 1800 jury trial cases in the State of Florida, spanning 22 different types of cases, we have been able to draw some conclusions when comparing cases from the Orlando counties of Orange, Osceola, and Seminole, to the rest of the counties in Florida (Fig. 1). In total, we analyzed 300 cases from the Orlando geographic region and 1,569 from the rest-of-state region to determine the similarities and differences between the Orlando region and Florida in general. From this analysis, several important inferences can be made.

Generally, the rest-of-state (RoS) region showed a higher average case value in total, of $694,704.42, while the Orlando region showed a lower average case value of $432,781.05. We can look at each of the 22 types of cases and analyze them by comparing the average value of cases statewide to the average value of Orlando cases.

Wrongful Death

Out of 100 wrongful death cases, we saw the Orlando region have a higher average case value and higher prevalence of plaintiff’s verdicts and comparative negligence verdicts than the rest-of-state region. The Orlando region showed an average case value of $2,210,342.02, with 30.43% of plaintiffs received plaintiff’s verdicts, 30.43% received defense verdicts, 13.04% received comparative negligence verdicts, and 26.09% received settlements. In the rest-of-state region, we saw an average case value of $1,286,748.39, with 19.35% of cases receiving a plaintiff’s verdict, 32.26% of cases receiving a defense verdict, 6.45% of cases receiving a comparative negligence verdict, and 41.94% of cases receiving a settlement.

Chronic Regional Pain Syndrome and Spinal Cord Stimulator

In the 69 cases involving Chronic Regional Pain Syndrome and Spinal Cord Stimulators, the rest-of-state region produced a higher average case value, number of plaintiff’s verdicts, and number of comparative negligence verdicts than the Orlando counties. Typically, a CRPS/SCS case from the rest-of-state region of the sample grossed an average case value of $779,140 with approximately 43.08% of cases resulting in a plaintiff’s verdict, 44.62% of cases resulting in a defense verdict, and 12.31% of cases resulting in a comparative negligence verdict. A CRPS/SCS case from the Orlando region grossed an average case value of $203,125 with 25% of cases resulting in plaintiff’s verdicts and 75% of cases ending in defense verdicts.

Mild Traumatic Brain Injuries

Out of 100 cases involving mild traumatic brain injuries, the rest-of-state region showed an average case value of $556,578.10 with 46.15% of cases resulting in a plaintiff’s verdict, 18.46% of cases resulting in a defense verdict, 15.38% of cases resulting in a comparative negligence verdict, and 20% resulting in a settlement. The Orlando region showed an average case value of $403,440.68 with 62.86% of cases resulting in a plaintiff’s verdict, 20% resulting in a defense verdict, 2.86% resulting in a comparative negligence verdict, and 14.29% resulting in a settlement.

Trigeminal Neuralgia

Out of 4 trigeminal neuralgia cases, the one case presented in the Orlando region resulted in a plaintiff’s verdict and a $20,663.04 award. In the rest-of-state region, we saw an average case value of $258,333.33 with 33.33% of cases resulting in a plaintiff’s verdict, 33.33% resulting in a defense verdict, and 33.34% resulting in a comparative negligence verdict.

Thoracic Outlet Syndrome

From 31 thoracic outlet syndrome cases, the Orlando region only had one case which resulted in a plaintiff’s verdict and award of $1,489. Out of the 30 cases in the rest-of-state region, we saw an average case value of $288,617.95 with 50% of cases receiving a plaintiff’s verdict, 30% receiving a defense verdict, 13.33% receiving a comparative negligence verdict, and 6.67% receiving a settlement.

Herniated Disc

In 100 herniated disc cases involving an uninsured or underinsured motorist, we saw a higher average case value of $185, 901.90 with 76.19% of cases resulting in a plaintiff’s verdict, 14.29% of cases resulting in a defense verdict, and 9.52% of cases resulting in a comparative negligence verdict in the Orlando region. The rest-of-state region showed an average case value of $144,758.71 with 73.42% of cases resulting in a plaintiff’s verdict, 17.72% of cases resulting in a defense verdict, 3.80% of cases resulting in a comparative negligence verdict, and 5.06% of cases resulting in a settlement.

Shoulder Injuries

Out of 100 shoulder injury cases, the Orlando region showed a higher average case value, higher number of plaintiff’s verdicts, and higher number of comparative negligence verdicts. We saw an average case value of $265,326.63 in the Orlando region with 45% of cases resulting in plaintiff’s verdicts, 25% of cases resulting in defense verdicts, and 30% of cases resulting in comparative negligence verdicts. Conversely, the rest of the state showed an average case value of $107.416.56 with 33.75% of cases ending in plaintiff’s verdicts, 50% ending in defense verdicts, 8.75% ending in comparative negligence verdicts, and 7.5% ending in settlements.

Shoulder Replacement

Of 100 total shoulder replacement cases, all Orlando cases received defense verdicts with no award. The counties in the rest of the state received an average case value of $283,193.40. These cases also showed a 19.15% prevalence of plaintiff’s verdicts, a 40.43% prevalence of defense verdicts, a 31.91% prevalence of comparative negligence verdicts, and an 8.51% prevalence of settlements.

Broken Arm

In 100 broken arm cases, the rest-of-state region had an almost double average case value than the Orlando region. The rest-of-state region showed an average case value of $120,452.94 with 28.89% of cases ending in a plaintiff’s verdict, 38.89% of cases ending in a defense verdict, 13.33% of cases ending in a comparative negligence verdict, and 18.89% of cases ending in a settlement. In the Orlando region, we saw an average case value of $55,442.70 with 20% of cases ending in a plaintiff’s verdict, 50% of cases ending in a defense verdict, 20% of cases ending in a comparative negligence verdict, and 10% ending in a settlement.

Below the Elbow Amputation

In 25 below-the-elbow amputations, we saw the one case from the Orlando region result in a defense verdict and no award. In the rest-of-state region, we saw an average case value of $2,166,925.75 with 25% of cases resulting in a plaintiff’s verdict, 12.5% of cases resulting in a defense verdict, 20.83% of cases result in a comparative negligence verdict, and 41.67% of cases result in a settlement.

Above the Elbow Amputation

Of 20 above-the-elbow amputations, the Orlando region only had one case which resulted in a defense verdict and no award. The rest-of-state region showed an average case value of $2,472,559.61 with 52.63% of cases resulting in a plaintiff’s verdict, 5.26% resulting in a defense verdict, and 42.11% resulting in a settlement.

Finger Amputation

In 100 finger amputation cases, the Orlando region showed an average case value of $737,868.60 and the rest-of-state region showed an average case value of $466,811.73. In the Orlando region, we saw no cases ending in a plaintiff’s verdict. 40% of cases ending in a defense verdict, 20% of cases ending in a comparative negligence verdict, and 40% of cases ending in a settlement. In the rest-of-state region, we saw 33.68% of cases result in a plaintiff’s verdict, 21.05% of cases result in a defense verdict. 28.42% of cases result in a comparative negligence verdict, and 16.84% of cases result in a settlement.

Carpal Tunnel

From 100 carpal tunnel cases, we saw the Orlando region had a higher average case value of $92,689.39 with 75% of cases ending in plaintiff’s verdicts and 25% ending in defense verdicts. On the contrary, the rest-of-state region showed an average case value of $40,338.69 with 50% of cases ending in plaintiff’s verdicts, 31.52% of cases ending in defense verdicts, 10.87% of cases ending in comparative negligence verdicts, and 7.61% of cases ending in settlements.

Knee Replacement

100 total knee replacement cases showed the Orlando counties to have a higher average case value than the counties in the rest of the state. The Orlando region showed an average case value of $171,230.03 with 26.67% of cases resulting in a plaintiff’s verdict, 26.67% resulting in a defense verdict, 33.33% resulting in a comparative negligence verdict, and 6.67% resulting in a settlement. The rest-of-state region showed an average case value of $125.257.64 with 26.74% of cases receiving a plaintiff’s verdict, 44.19% of cases receiving a defense verdict, 18.60% of cases receiving a comparative negligence verdict, and 9.30% resulting in a settlement.

Torn Meniscus

Looking at 100 torn meniscus cases, we saw the rest-of-state region prevail with a higher average case value, but lower percentages of plaintiff’s verdicts, comparative negligence verdicts, and settlements than the Orlando region, and a higher percentage of defense verdicts. In the rest-of-state region, we saw an average case value of $70,094.51, 27.59% of cases resulting in a plaintiff’s verdict, 45.98% of cases resulting in a defense verdict, 22.99% of cases resulting in a comparative negligence verdict, and 3.44% of cases resulting in a settlement. In the Orlando region, we saw an average case value of $39,638.09 where 30.77% of cases resulted in a plaintiff’s verdict. 38.46% of cases resulted in a defense verdict, 23.08% of cases resulted in a comparative negligence verdict, and 7.69% of cases resulted in a settlement.

Broken Leg

Evaluating 100 cases involving broken legs, we found that the Orlando region had a higher average case value, but lower prevalence of plaintiff’s verdicts and defense verdicts than the rest-of-state region. The Orlando region showed an average case value of $234,639.88, while the rest-of-state region showed an average case value of $173,865.33. Furthermore, the Orlando region showed 18.18% of cases resulting in a plaintiff’s verdict, 18.18% of cases resulting in a defense verdict, 39.40% of cases resulting in a comparative negligence verdict, and 24.24% of cases resulting in a settlement. In the rest-of-state region, we saw 31.34% of cases receive plaintiff’s verdicts, 32.84% of cases receive defense verdicts, 10.45% of cases receive comparative negligence verdicts, and 25.37% of cases receive settlements.

Broken Femur

Of 100 broken femur cases, we saw the rest-of-state region had a higher average case value of $181,806.55 with 25.58% of cases receiving a plaintiff’s verdict, 41.86% of cases receiving a defense verdict, 20.93% of cases receiving a comparative negligence verdict, and 11.63% of cases receiving a settlement. The Orlando region showed an average case value of $105,042.38 with 50% of cases receiving a plaintiff’s verdict, 7.14% of cases receiving a defense verdict, 21.43% of cases receiving a comparative negligence verdict, and 21.43% of cases receiving a settlement.

Below the Knee Amputation

Looking at 100 below-the-knee amputations, we saw the rest-of-state region had a higher average case value than the Orlando region. The rest-of-state region had an average case value of $1,129,926.91 with 32.22% of cases receiving plaintiff’s verdicts, 41.86% of cases receiving defense verdicts, 7.78% of cases receiving comparative negligence verdicts, and 23.33% of cases receiving settlements. In the Orlando region, we saw an average case value of $791,484.70 with 30% of cases receiving plaintiff’s verdicts, 40% receiving defense verdicts, 10% receiving comparative negligence verdicts, and 20% receiving settlements.

Above the Knee Amputation

69 above-the-knee amputation cases showed that the rest-of-state region grossed an average case value of $3,204,420.82 with 36.36% of cases resulting in a plaintiff’s verdict, 36.36% result in a defense verdict, 15.15% result in a comparative negligence verdict, and 12.12% result in a settlement. In the Orlando region, we saw an average case value of $3,060,000 with 66.67% of cases resulting in a plaintiff’s verdict and 33.33% of cases result in a defense verdict.

Rape

Analyzing 100 cases involving rape, the rest-of-state region saw a significantly higher average case value of $766,410.09 than the Orlando region’s average case value of $311,089.38. The rest-of-state region showed 45.65% of rape cases in the sample received plaintiff’s verdicts, 23.91% of cases received defense verdicts, 14.13% received comparative negligence verdicts, and 16.30% received settlements.

Sexual Harassment

In 200 sexual harassment cases, we found that the Orlando region had an average case value of $629,769.69 and the rest-of-state region had an average case value of $513,619.29. Moreover, the Orlando region showed 63.64% of cases resulted in a plaintiff’s verdict, 9.09% of cases received a defense verdict, 18.18% resulted in a settlement, and 9.09% resulted in consent judgment for the plaintiff. The rest-of-state region showed that 46.56% of cases resulted in a plaintiff’s verdict, 32.28% of cases resulted in a defense verdict, 1.59% resulted in a comparative negligence verdict, and 19.58% of cases resulted in a settlement.

Racial Discrimination (At Work)

Finally, out of 100 cases of racial discrimination where the defendant is an employer, the rest-of-state region showed an average case value of $146,220.83 with 38.37% of cases resulting in a plaintiff’s verdict, 45.35% of cases resulting in a defense verdict, and 16.28% resulting in a settlement. In the Orlando region, we saw an average case value of $2,000 with 14.29% of cases resulting in a plaintiff’s verdict and 85.71% of cases resulting in a defense verdict.

Overall, we saw that 63.64% of cases had a higher average case values in the rest-of-state region and 36.36% of cases had a higher average case value in the Orlando region.