How to File a Personal Injury Lawsuit in Florida – Step by Step

If you were hurt in Florida because of someone else’s negligence, you may have the right to file a personal injury lawsuit. While many of these cases settle without going to court, understanding how to file a personal injury lawsuit in Florida can help you more effectively navigate the process to recover fair compensation.

While Florida law allows you to represent yourself through this process, handling the system without a personal injury lawyer increases the risk of settling for a lowball offer, losing out on a lot of money, or making other costly mistakes. Hiring a lawyer offers peace of mind and takes a lot of stress off your shoulders. It could also significantly improve your chances of winning your case.

Step 1: Assess If You Have a Valid Personal Injury Case

Florida law allows injured victims to file a claim based on negligence, strict liability laws, or intentional actions. This could include a wide range of accidents and incidents, including falls, car accidents, construction accidents, truck accidents, dog bites, and more.

To hold another party responsible, you must have evidence to show:

1. That party owed you a duty of care.
2. They breached that duty through negligence or wrongdoing.
3. Their breach caused your injuries.
4. You suffered recoverable damages.

The best way to learn if you have a valid personal injury case is to call a law firm for a free consultation. They can assess your case details to determine if you meet the legal standards and discuss your options.

Step 2: Check the Statute of Limitations for Florida Personal Injury Lawsuits

Florida law limits how long you have to file a personal injury lawsuit. Under Fla. Stat. § 95.11, you may only have:

• Two years from the accident date for personal injuries
• Two years from the date of death for wrongful death

Additional rules could apply in some cases. For example, you may have less time if the liable party is a government agency. An attorney will explain the timeline required in your case. Meeting this deadline is imperative to preserve your right to sue and recover compensation.

Step 3: Gather Evidence and Documentation to Support Your Personal Injury Case

Having strong evidence to support your claim is key to proving your case. Some common evidence includes:

• Medical records showing injuries and treatments
• Police or accident reports
• Photographs of the accident scene and injuries
• Video of the accident or incident
• Witness statements confirming what happened

If you work with an attorney, they will also have access to additional resources that could be unavailable to you if you try to manage the process on your own. This could include accident reconstructionists, medical experts, economists, and investigators. These resources could strengthen your case, especially in complex claims or disputed liability.

Step 4: Attempt to Settle Through Pre-Litigation Negotiations

Before filing a lawsuit, your attorney will likely try to negotiate a fair payout from the at-fault party’s insurance company. Insurers often make lowball initial offers in an attempt to minimize the money they have to spend. This leads to settlement negotiations. Your lawyer will use proven negotiation techniques and tactics to maximize your payout based on the injuries and damages you experienced.

Step 5: File a Personal Injury Complaint in the Appropriate Florida Court

If there is no settlement, the time has come to file a formal complaint in the appropriate Florida court. This complaint will name the accused party, include the legal basis for the case, describe the incident, discuss how the defendant caused it, and list the specific damages sought.

Under the Florida Rules of Civil Procedure, Rule 1.070, you must have the defendant served within 120 days. Your attorney will manage this process, ensure accuracy, and follow up to meet all deadlines.

Step 6: The Defendant Responds, and the Discovery Process Begins

Once the defendant receives notice of the lawsuit, they have a short time to respond. Following the response, both sides enter into the discovery process. During this process, they may exchange:

• Interrogatories (answering written questions under oath)
• Depositions (sworn verbal testimony)
• Requests for documents

The discovery process can be complex. Your attorney will work to develop a strong case while also protecting your rights and representing your best interests. Pre-trial motions may also be ongoing at this point, including motions to dismiss the case or exclude certain evidence.

Step 7: Participate in Required Mediation in a Florida Personal Injury Case

Under Florida Statutes § 44.102, many Florida courts require you to participate in mediation before setting a trial date. Your attorney will represent you during this guided negotiation process and work to negotiate a high settlement offer.

Step 8: The Personal Injury Case Goes to Trial (If No Settlement Is Reached)

If mediation fails and there is no settlement, the case proceeds to court. The court will schedule it on the judge’s docket, and the parties will wait for the trial date to arrive.

At trial, both sides present their arguments before a judge and jury. They cross-examine witnesses and employ strategies to compel the jury to rule in their favor. The jury decides if the defendant is liable and, if so, how much compensation to award.

Discuss Your Florida Personal Injury Case With Our Team for Free

If you suffered injuries caused by someone else’s negligence, you will want a Florida personal injury attorney on your side. They will ensure your case is handled properly from start to finish. If necessary, your lawyer will file a personal injury lawsuit on your behalf and fight for the money you need and deserve at trial.

At Meldon Law, our attorneys have worked to secure maximum compensation for our clients since 1971. We have recovered hundreds of millions for injured Florida residents. Contact us today to discuss your case and learn how a personal injury lawyer from our team can help. We provide free consultations.