How Can I File a Personal Injury Lawsuit in FL? 

To file a personal injury lawsuit, you must submit a formal complaint to the clerk of the appropriate court. The complaint explains how the other party’s negligence caused your injuries and the compensation you seek. After filing, you must formally serve the defendant. Then, both sides exchange evidence, negotiate a possible settlement, or prepare for trial.

If you are unsure how to file a personal injury lawsuit or what happens after filing, our attorneys at Todd Miner Law can help. We prepare court filings, meet procedural deadlines, communicate with the defense, and guide your case through every stage of the legal process. Contact us for a free consultation.

What Is the Process for Filing a Personal Injury Lawsuit? 

The process to pursue a personal injury lawsuit begins with reviewing the facts and confirming that you have a valid claim. After that, your lawyer gathers evidence and identifies the responsible parties. The case then moves through court filing, service, discovery, settlement discussions, and trial preparation if the parties cannot reach an agreement. Here is what happens during each step of a personal injury lawsuit:

Step 1: Review the Facts of the Case

Your lawyer first reviews how the injury occurred and determines which Florida personal injury laws apply. They also examine your medical records, accident reports, witness information, and insurance correspondence. This review helps establish whether another party owed you a duty of care and caused your damages through negligent actions.

Step 2: Investigate the Accident

In the next step, your lawyer gathers evidence that proves liability and documents the full extent of your losses. This may include photographs, videos, incident reports, maintenance records, medical bills, and proof of lost income. Your attorney may also interview witnesses or consult expert witnesses when the case involves disputed liability or serious injuries.

Step 3: Identify Every Liable Party

Some personal injury cases involve more than one responsible party. Therefore, your lawyer investigates everyone whose actions may have contributed to the injury. For example, a premises liability case may involve a property owner, a tenant, a maintenance company, or a contractor. Identifying each defendant can increase the available insurance coverage.

Step 4: File the Complaint

Your lawyer files the complaint and other required documents with the appropriate Florida court. The appropriate court depends on factors such as where the accident occurred and where the defendant lives or does business.

Step 5: Serve the Defendant

After filing a Complaint, your lawyer sends the Complaint and court-issued Summons to the sheriff or an authorized process server. That person locates the defendant and personally delivers the documents in accordance with Florida’s service rules. Then, they file a return of service with the court showing the date, time, and method of service.

Step 6: Receive the Defendant’s Response

The defendant may admit or deny the allegations in an answer. They may also raise defenses or ask the court to dismiss part of the lawsuit. Your attorney reviews the response and addresses any defenses, motions, or claims that could affect your right to recover compensation before proceeding to discovery.

Step 7: Attend Settlement Negotiations or Mediation

After discovery, the parties may begin settlement negotiations based on the evidence gathered. If they cannot agree, the court may require mediation. During mediation, a neutral mediator helps both sides discuss possible terms. However, the mediator cannot force either party to accept a settlement.

Step 8: Complete Pretrial Requirements

If settlement negotiations are unsuccessful, the court schedules a pretrial conference and sets the remaining deadlines. During this stage, both parties exchange final witness lists, exhibits, and any remaining documents required before trial.

What Happens If Your Case Goes to Trial? 

If your personal injury lawsuit goes to trial in Florida, a judge or jury will decide whether the defendant is legally responsible and how much compensation you should receive. Although most personal injury cases settle before trial, your case may proceed to court if the parties cannot reach a fair settlement.

Before the trial begins, both sides complete discovery, exchange evidence, take depositions, and file motions asking the court to resolve certain legal issues. The court then schedules a trial date, and each side prepares witnesses, exhibits, and legal arguments.

During the trial, the process generally follows these steps:

• Jury selection: If either party requests a jury trial, attorneys question potential jurors before selecting the final jury.
• Opening statements: Each attorney presents the facts of the case and explains why the judge or jury should rule in their client’s favor based on the evidence.
• Presentation of evidence: Both parties present documents, photographs, medical records, witness testimony, and expert witnesses to support their claims.
• Cross-examination: Each attorney questions the other side’s witnesses to test the accuracy of their testimony.
• Verdict: The judge or jury determines liability and, if the defendant is responsible, decides the amount of compensation to award.

If either party believes the judge made a serious legal error, they may file a post-trial motion. They may also appeal the decision to a Florida appellate court.

Who Can File a Personal Injury Lawsuit? 

Any mentally competent adult who is 18 or older can file a personal injury lawsuit in Florida if they suffered injuries because of someone else’s negligence. If the injured person cannot file the claim themselves, Florida law allows certain family members or legal representatives to take legal action on their behalf.

For example, if the injured person is under 18, a parent or legal guardian may file a personal injury claim on the child’s behalf. Likewise, if the victim is legally incapacitated, a court-appointed guardian or another legally authorized representative can pursue the lawsuit to seek compensation for their suffered damages.

Additionally, in wrongful death cases, the probate court typically appoints the personal representative from the deceased’s estate. If the deceased left a valid will, the person named as the executor usually serves in this role. Otherwise, the court appoints a qualified individual, usually a surviving spouse, parent, or adult child, under Florida law.

What Documents Are Needed to Pursue a Lawsuit? 

To pursue a lawsuit, you must collect official police or incident reports, photographs, and videos of the accident scene, along with witness names and contact information. You must also gather medical records, proof of lost wages, and receipts for out-of-pocket expenses to prove your personal injury damages. In addition, keep copies of all correspondence with the insurance adjusters, including claim letters, emails, settlement offers, and denial notices.

Here are some additional documents you need to pursue a Florida personal injury claim:

• The Complaint: The document that explains how the accident happened, identifies the defendant, states the legal claims, and describes your requested compensation.
• Defendant’s identifying information: The defendant’s full legal name and a valid residential or business address so they can be properly served with the lawsuit.
• The Summons: A court-issued notice informing the defendant that a lawsuit has been filed, specifying the deadline to respond.
• Civil Cover Sheet: The administrative form that gives the court basic information about your case, such as the type of lawsuit, the parties involved, and the amount in dispute.
• Medical malpractice pre-suit documents: If you’re filing a medical malpractice case, Florida law requires a notice of intent and a verified written medical expert opinion.
• Filing fee or fee waiver application: Most Florida courts require payment of a filing fee when you file your lawsuit. If you cannot afford the fee, you may request a fee waiver through an application.

How Long Do You Have to File a Lawsuit?

Under Florida’s statute of limitations, you generally have two years from the date of the accident to file a personal injury lawsuit for negligence-based claims, such as car accidents and slip and falls. For wrongful death claims, the statute of limitations begins on the date of the victim’s death. If you miss this legal deadline, the court will dismiss your case, and you may lose your right to recover compensation.

However, Florida law recognizes the following exceptions that may extend the filing deadline:

Minor Victims

Florida courts may extend the filing deadline in certain circumstances involving minors. This usually applies only when no parent, legal guardian, or other authorized representative is available to file the lawsuit on the child’s behalf.

Legally Incapacitated Individuals

If the injured person cannot manage their legal affairs due to a physical or mental condition, the court may pause the filing deadline. Once a guardian or other legally authorized representative is appointed, the case may proceed.

The Defendant Cannot Be Located

If the at-fault party leaves Florida or avoids service of process, the filing deadline may be paused. This gives you additional time to locate the defendant and formally serve them with the lawsuit. The deadline may resume once the defendant becomes available for service.

Delayed Discovery of the Injury

Some medical malpractice claims follow a discovery rule. In those cases, the filing deadline of two years may begin when you discover the injury or should have discovered it. For example, a patient may learn months later that a surgeon left a medical object inside their body.

Fraud or Intentional Concealment

If the defendant intentionally hid important facts that prevented you from discovering your claim, the court may extend the filing deadline. However, you must show that the concealment actually delayed your ability to discover the injury or identify the person responsible.

How Much Does It Cost to File a Personal Injury Lawsuit in Florida?

Filing a personal injury lawsuit in Florida usually requires about $400 in initial court fees. However, the exact amount varies by county and court. Additional expenses may include service fees, depositions, medical records, and expert witnesses. Therefore, the total cost can increase significantly as the lawsuit progresses.

Attorney fees can also increase the overall cost, particularly when a case requires extensive investigation or proceeds to trial. However, most personal injury attorneys work on a contingency fee basis. As a result, you do not pay attorney fees up front. Instead, the lawyer receives an agreed percentage (33.3% to 40%) of your settlement or verdict if your case succeeds. Many law firms also cover court filing fees and litigation expenses, then deduct those costs from your final compensation.

Here are the average court costs associated with different stages of a personal injury lawsuit in Florida:

How Long Does a Personal Injury Lawsuit Take?

A personal injury lawsuit in Florida typically takes 6 months to 3 years to resolve. Straightforward civil cases with clear liability may settle within 6 to 18 months. However, lawsuits involving disputed liability, severe injuries, or a trial can take one to three years or longer to reach a final resolution.

Here are some factors that may affect the overall timeline:

• Cases involving severe injuries usually take longer as doctors must determine the full extent of your recovery before calculating damages.
• Disputed liability can delay the case if both sides disagree about who caused the accident.
• Multiple defendants may extend settlement negotiations because each party must respond and participate in the legal process.
• Extensive discovery, including depositions and document requests, can add several months to the lawsuit.
• Court scheduling delays may postpone hearings and the trial date, particularly in busy Florida courts.
• Cases that require expert witnesses usually take longer because experts must review the evidence and prepare their opinions.

Can You File a Lawsuit Without a Lawyer?

Yes, you can legally file a personal injury lawsuit in Florida without a lawyer. However, handling the case without legal guidance can put your claim at risk. Personal injury lawsuits involve strict filing rules, court deadlines, evidence requirements, and settlement decisions. Even a small mistake may delay your case or reduce your compensation.

Therefore, you should consult our personal injury lawyers to avoid procedural errors. Here’s how our experienced attorneys can help protect your case under personal injury law:

• Determine whether filing a lawsuit is the best option or if your case can be settled before trial.
• Identify legal weaknesses in your claim before the defense can use them against you.
• Preserve time-sensitive evidence and obtain records that may be difficult to access on your own.
• Ensure every court filing complies with Florida’s procedural rules and filing deadlines.
• Calculate the full value of your damages instead of accepting an undervalued settlement.
• Consult medical professionals, accident reconstructionists, economists, and other experts to strengthen your case.
• Handle depositions, discovery disputes, and motions that require legal knowledge and courtroom experience.
• Present strong legal arguments and evidence before the judge or jury if your case proceeds to trial.

Can You Sue After Accepting an Insurance Payment? 

No, in most cases, you cannot sue after accepting an insurance payment if you signed a release of liability. This legal document releases the at-fault party and the insurance company from any future claims related to the same personal injury accident. As a result, you generally cannot seek additional compensation, even if your injuries worsen later.

However, you may still have the right to file a lawsuit in certain limited situations, including:

• Fraud or misrepresentation: If the insurance company intentionally misled you into accepting the settlement, the court may allow you to challenge the release.
• Duress or coercion: If you signed the settlement because of unlawful pressure, threats, or coercion, the release may not be valid.
• Mutual mistake: You may challenge the settlement if both you and the insurance company relied on the same incorrect fact while negotiating the agreement.
• Failure to issue payment: You may file a lawsuit to recover the agreed settlement amount if the insurer agrees to pay but does not release the funds.

Can You Amend Your Complaint After Filing?

Yes, you can amend your Complaint after filing a personal injury lawsuit in Florida. An amended complaint allows you to correct mistakes, add new facts, include additional legal claims, or name another defendant. But the process depends on when you request the amendment and the stage of the lawsuit.

In some situations, you may amend the Complaint without the court’s permission under Florida Rule of Civil Procedure 1.190. This usually happens early in the case before the defendant has filed a responsive pleading. After that point, you generally need either the defendant’s written consent or the court’s approval to make changes.

Once the amendment is approved, the amended Complaint replaces the original filing. Existing defendants have an opportunity to respond to the updated allegations, while any newly added defendants must be formally served. If the changes affect the issues in dispute, the court may also allow additional discovery before the lawsuit proceeds. However, if the amendment would significantly delay the lawsuit or unfairly affect the defendant’s ability to respond, the judge may deny the request.

Consult Our Orlando Personal Injury Lawyers to File Your Lawsuit!

A personal injury accident can leave you dealing with serious injuries, medical expenses, lost income, and pain and suffering. During that time, filing a lawsuit, preparing court documents, and meeting legal deadlines can increase your stress and financial pressure.

With an AV rating from Martindale-Hubbell, our lawyers at Todd Miner Law have more than three decades of experience representing injury victims across Orlando. With this extensive local courtroom experience, we manage filings, evidence collection, negotiations, and trial preparation effectively. Since we work on a contingency fee basis, you pay no attorney fees upfront. Call 407-894-1480 or visit 915 Outer Rd, Orlando, FL to discuss your legal options.

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