Tyler Gross | April 9, 2025 | Florida Law
A contract is a legally binding agreement between two or more parties. In some situations, contracts must be in writing to be enforceable in court. However, verbal contracts can be binding in Florida if they meet specific requirements.
What Are the Requirements for a Verbal Contract to be Binding in Florida?
A court may enforce an oral or verbal contract if it has the necessary legal elements for an enforceable agreement. The elements of a contract are:
- Offer: A party has to offer to do something or not to do something.
- Acceptance: The other party accepts the first party’s offer.
- Consideration: There must be something exchanged between the parties of value, such as money, services, goods, or promises.
- Mutual Agreement: At least two or more parties must have a mutual agreement to follow the terms and conditions contained within the contract.
- Capacity: All parties must have the capacity to enter into a legally binding agreement.
A contract is not binding if the parties agree to something that is illegal. For example, a party agrees to drive a get-away car for a portion of the money the other party steals from a business. The agreement is not enforceable because it involves an illegal act.
Florida recognizes a verbal contract that meets the above requirements. However, Florida law requires some contracts to be in writing to be enforceable. For example, agreements related to real estate transactions must be in writing. Transactions involving the sale of goods for more than $500, will take more than a year to complete, or involve the sale of stocks/bonds must be in writing.
Can I Back Out of a Verbal Personal Injury Settlement Agreement in Florida?
The answer depends on whether you formed a legally binding contract. You must prove each of the legal requirements for a contract. Therefore, the first requirement is an offer and acceptance. For example, the insurance company offers to pay $100,000 to settle your claim, and you agree to accept the offer.
However, there must be mutual consideration. In most cases, the injured victim waives their right to sue the at-fault party and gives up their right to pursue any other claims related to the accident and injury. Therefore, you would need to prove that the insurance company agreed to specific payment terms and you agreed to abandon specific claims.
If you are concerned about a proposed settlement, talk with a personal injury lawyer. An attorney can review the circumstances of the proposed settlement to determine if your agreement is enforceable. The attorney can also tell you whether the settlement amount is fair.
It is in a person’s best interest to consult with an attorney before accepting a settlement offer from an insurance company. Many initial settlement offers are for amounts lower than the value of the injured party’s damages. Insurance companies want you to accept a settlement offer before you talk with an attorney and realize your claim is worth more than you thought.
How Can a Personal Injury Lawyer Help Me Maximize My Accident Settlement?
A personal injury settlement usually includes economic and non-economic damages. Examples of damages for a personal injury settlement include:
- The cost of medical treatment, including past and future medical bills and rehabilitative therapy
- Out-of-pocket expenses, including personal care, childcare, and household services
- Loss of earning capacity, wages, and employment benefits
- Pain and suffering damages
- Scarring and disfigurement
- Loss of quality of life and enjoyment of life
- Impairment and disabilities
- Mental anguish and emotional distress
The value of your damages depends on the factors of your case. Strong evidence proving liability, catastrophic injuries, and permanent impairments usually increase the value of a claim. Sharing fault for causing your accident (i.e., contributory fault) can reduce how much your claim is worth.
A personal injury attorney understands the damages you can receive and how to value damages correctly. Attorneys also have the resources to investigate claims to gather evidence to build a strong case for causation, fault, and liability.
Your lawyer handles all matters related to your claim. They negotiate settlements with insurance companies and prepare enforceable settlement agreements. Your attorney protects you from bad faith insurance practices and aggressive insurance adjusters.
Contact an Attorney To Learn More About Your Legal Rights
If you have questions about a personal injury case and whether you’ve formed a verbal contract, schedule a free consultation with a personal injury lawyer. Get the facts about your case from a trusted accident attorney before you agree to a settlement offer.
Contact Our Personal Injury Law Firm in North Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers in Florida at Gross & Schuster Injury Lawyers to schedule a free consultation today. We have five convenient locations in Pensacola, Navarre, Crestview, Milton, and Mary Esther.
Gross & Schuster Injury Lawyers – Pensacola Office
803 N Palafox St
Pensacola, FL 32501
Phone: (850) 434-3333
Gross & Schuster Injury Lawyers – Navarre Office
9933 Navarre Pkwy
Navarre, FL 32566
Phone: (850) 757-2898
Gross & Schuster Injury Lawyers – Crestview Office
1501 S Ferdon Blvd
Crestview, FL 32536
Phone: (850) 407-7726
Gross & Schuster Injury Lawyers – Milton Office
6373 US-90
Milton, FL 32570
Phone: (850) 790-7790
Gross & Schuster Injury Lawyers – Mary Esther Office
151 Mary Esther Blvd Suite 103A
Mary Esther, FL 32569
Phone: (850) 809-0170