The Personal Injury Lawsuit Process in Florida
Bill Allen | August 16, 2025 | Personal Injury
When you’ve been injured in an accident in Florida, the idea of filing a lawsuit can feel overwhelming. Understanding how the personal injury lawsuit process works can help you feel more confident and informed. This guide breaks down each step in simple terms so that you know what to expect and how to protect your rights.
Understanding Personal Injury Lawsuits
If you were injured due to someone else’s negligence or wrongdoing, you can file a personal injury lawsuit to hold them accountable. In Florida, these cases often involve car accidents, slip-and-fall injuries, medical malpractice, or defective products. The goal is to seek compensation for your losses, such as medical bills, lost income, and pain and suffering.
Florida follows a modified comparative fault rule. This means you can still recover damages even if you were partly at fault for the accident, but your percentage of fault will reduce your compensation.
Investigation and Case Preparation
Once you hire an attorney, they will begin investigating your case. This may include:
- Gathering police reports
- Collecting medical records and bills
- Interviewing witnesses
- Reviewing photos or video evidence
- Consulting with expert witnesses
This stage is about building a strong foundation for your claim. The better the evidence, the more leverage you will have in negotiations or a trial.
Filing a Lawsuit
In Florida, the statute of limitations for most personal injury cases is generally two years from the date of the injury. Missing this deadline can mean losing your right to file a lawsuit. Your attorney will file a complaint in court, which formally starts the legal process.
The defendant (the person or company you are suing) will be served with a complaint and given time to respond. They may admit to some facts, deny others, or file a motion to dismiss the case.
Discovery Phase
The discovery phase is when both sides exchange information and evidence. This can include:
- Written questions (interrogatories)
- Requests for documentation
- Depositions, where witnesses give sworn testimony
Discovery helps both parties understand the case’s strengths and weaknesses. It often leads to settlement talks because each side sees what the other has to present.
Negotiations and Settlement
Most personal injury cases in Florida are resolved through settlement before going to trial. Your attorney will negotiate with the insurance company or the defendant’s lawyer to reach a fair agreement. Settlements save time and money, but if the other side refuses to make a fair offer, your attorney will be ready to take the case to court.
Going to Trial
If your case goes to trial, a judge or jury will hear the evidence and decide whether the defendant is liable and how much you should be awarded. Trials can last anywhere from a day to several weeks to months, depending on the complexity of the case. Your attorney will present evidence, question witnesses, and argue on your behalf. The outcome will depend on how convincing the evidence is and how well the law applies to your situation.
Collecting Your Compensation
Winning a case is only the beginning of collecting compensation. The defendant or their insurance company will typically send payment within a set time period after a settlement or jury verdict. Your attorney will ensure all legal fees and expenses are deducted and then release the remaining funds to you.
Appeals (If Necessary)
In some cases, either party may choose to appeal the court’s decision. This means asking a higher court to review the ruling for legal errors. Appeals can extend the process but are less common in straightforward personal injury cases.
Contact Allen Law Accident & Injury Lawyers for a Free Consultation With a Florida Personal Injury Lawyer
The personal injury lawsuit process in Florida involves multiple steps, from getting medical treatment to possibly going to trial. While it can take time, understanding the process helps reduce stress and confusion. By acting quickly, keeping detailed records, and working with a knowledgeable Florida personal injury attorney, you can achieve a positive outcome.
Contact Allen Law Accident & Injury Lawyers for a free consultation.
We have three convenient locations in Marion County and Alachua County, North Central Florida:
Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258
Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292
Allen Law Accident & Injury Lawyers – Gainesville Office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652
