Filing a personal injury lawsuit feels like stepping into the unknown for most people, since very few ever expect to end up in a courtroom. Here are answers to the questions that come up most often about how the process actually works in Florida.
How Does a Personal Injury Lawsuit Start in Florida?
A lawsuit begins when a complaint is filed in civil court, laying out who was harmed, what the other party did wrong, and what damages are being sought. Before that happens, most cases spend weeks or months in the claims process, gathering medical records and negotiating with the insurance company. Florida Statute 95.11 gives injured people two years from the date of the incident to file, so timing matters even during the negotiation stage.
What Happens During the Discovery Phase?
Once a lawsuit is filed, both sides enter discovery, where each party requests documents, answers written questions, and can take depositions of witnesses. This stage often takes several months and is where a lot of the real groundwork gets done. Medical records, employment history, and accident reports all get reviewed closely here, and a well-organized case at this stage tends to move faster toward resolution.
A few things typically happen during this phase:
- Written questions, called interrogatories, are exchanged between both sides
- Depositions allow attorneys to question witnesses under oath before trial
- Medical professionals may be asked to review records and offer opinions
- Both sides request documents relevant to the claim
Will My Case Go to Mediation?
Most Florida courts require mediation before a case can proceed to trial. A neutral third party helps both sides discuss settlement, and a large share of cases resolve at this stage rather than continuing further. The Andres Lopez Law Firm prepares for mediation the same way it prepares for trial, since mediation is not binding and either side can walk away if the numbers do not align.
What If the Case Doesn’t Settle?
When mediation does not resolve a claim, the case proceeds toward trial. Florida Statute 768.81 allows a jury to reduce compensation based on the injured person’s own percentage of fault, which is why building a strong evidentiary record matters throughout the entire process, not just at the start.
Preparing for trial typically means lining up witnesses and finalizing exhibits well before a court date is set, and a Kendall personal injury lawyer familiar with local courts can usually anticipate how the timeline will unfold.
How Long Does the Whole Process Take?
Timelines vary widely depending on how severe and involved the injuries are and how willing the insurance company is to negotiate fairly. Straightforward cases with clear liability sometimes resolve within several months, while cases involving serious injuries or disputed fault can take a year or more to reach trial. Rushing a settlement before the full extent of an injury is known often costs more than waiting for the right offer. Anyone with questions about where their case stands can speak with a Kendall personal injury lawyer to get a clearer sense of what to expect next.