If you've been injured in an accident in Florida due to someone else's negligence, you may have the legal right to file a personal injury lawsuit. However, the legal process can be complex, especially if it's your first time pursuing compensation through the court system. Understanding each step can help you feel more prepared, make informed decisions, and avoid costly delays or mistakes.

Here's a clear, step-by-step breakdown of how personal injury lawsuits typically unfold in Florida.

Understand Whether You Have a Valid Claim

Not every accident gives rise to a personal injury lawsuit. In Florida, you must be able to show that another party acted negligently, and that this negligence directly caused your injuries and losses.

To establish a valid claim, you'll need to prove:

• The at-fault party had a duty of care (e.g., a driver's obligation to obey traffic laws).
• They breached that duty through action or inaction.
• That breach directly caused your injuries.
• You suffered measurable damages—medical bills, lost wages, pain, etc.

If you're unsure whether your situation qualifies, most personal injury attorneys in Florida offer free consultations to evaluate the strength of your claim.

Seek Immediate Medical Treatment

One of the most important things to do after any accident is to get medical attention. Not only does this protect your health, but it also creates documented evidence linking your injuries to the incident.

Under Florida's no-fault insurance system, you must seek medical care within 14 days of the accident to be eligible for Personal Injury Protection (PIP) benefits, which cover up to $10,000 in medical expenses regardless of who was at fault.

Skipping or delaying treatment can also weaken your case if it eventually proceeds to a lawsuit.

Gather and Preserve Evidence

Evidence is the foundation of any successful personal injury claim. From the beginning, start documenting everything related to your injury, including:

• Photos of the accident scene and your injuries
• Witness contact information
• Police or incident reports
• Medical records and bills
• Communications with insurance companies
• Any proof of lost income or property damage

Your attorney will help organize and build this evidence into a comprehensive case, but the more you can document early on, the better.

Consult a Florida Personal Injury Attorney

Although Florida law doesn't require you to hire an attorney, doing so significantly increases your chances of a favorable outcome. Personal injury attorneys know and understand how to negotiate with insurance companies, present evidence, and follow court procedures.

In fact, studies have shown that injury victims represented by legal counsel receive higher settlements on average than those who go it alone.

Most personal injury attorneys in Florida work on a contingency fee basis, which means they don't get paid until you win or settle your case. This makes it easier to access legal representation without upfront costs.

Attempt to Resolve Through a Pre-Lawsuit Settlement

Before filing a lawsuit, your attorney will usually attempt to negotiate a fair settlement with the insurance company. This process involves presenting evidence of liability and damages, estimating long-term impacts, and pushing for full compensation.

If the insurer refuses to make a reasonable offer—or denies liability altogether—your lawyer may recommend moving forward with a formal lawsuit.

File the Lawsuit Within the Statute of Limitations

Florida has strict deadlines for those wanting to file a personal injury lawsuits. As of March 2023, the statute of limitations for most negligence-based personal injury cases is two years from the date of the injury (previously four years).

Failing to file within that time frame almost always results in your case being dismissed.

This is why it's important to speak with an attorney sooner rather than later—even if you're still undergoing treatment or waiting on insurance negotiations.

Serve the Defendant and Begin Discovery

Once the lawsuit is filed, the defendant must be officially served with the complaint. They'll have an opportunity to respond, and the case then enters the discovery phase—a period where both sides exchange evidence, documents, and witness lists.

Discovery may include:

• Written questions (interrogatories)
• Requests for documents or records
• Depositions (interviews under oath)
• Expert evaluations

This process can last several months or longer, depending on the complexity of the case.

Consider Mediation or Pre-Trial Negotiations

Florida courts often require parties to attempt mediation—a formal settlement conference led by a neutral third party. Even if previous negotiations failed, mediation can lead to a resolution by encouraging both sides to compromise.

If mediation is unsuccessful, the case will move toward trial.

Go to Trial (If Necessary)

If no settlement is reached, your case proceeds to trial. During trial, both sides present arguments, call witnesses, and submit evidence. A judge or jury will then determine:

• Whether the defendant was at fault
• Whether you contributed to your own injuries (comparative fault)
• How much compensation you're entitled to, if any

Florida follows a modified comparative negligence rule with a 51% bar. This means you can recover damages only if you're found less than 51% at fault. Your compensation is going to be reduced in proportion to your share of the blame.

For example, if you're awarded $100,000 but found 30% at fault, you'll receive $70,000.

Receive Compensation

If you win at trial—or reach a settlement beforehand—you'll receive compensation for your damages. This can include:

• Medical bills (past and future)
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

In those rare cases involving gross negligence or intentional harm, punitive damages can also be awarded to punish the wrongdoer.

Once compensation is finalized, your attorney will handle disbursing the funds and resolving any outstanding medical liens or costs.

Conclusion

Filing a personal injury lawsuit in Florida is more than just filling out paperwork—it requires strategic planning, documentation, and a deep understanding of both legal rules and insurance tactics. While each case is different, following the steps above can help injury victims take control of their situation and pursue the compensation they deserve.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.