[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.cardosolawyer.com\/blog\/steps-in-filing-a-personal-injury-lawsuit-in-florida\/#BlogPosting","mainEntityOfPage":"https:\/\/www.cardosolawyer.com\/blog\/steps-in-filing-a-personal-injury-lawsuit-in-florida\/","headline":"Steps in Filing a Personal Injury Lawsuit in Florida","name":"Steps in Filing a Personal Injury Lawsuit in Florida","description":"Whether caused by a car accident, medical malpractice, or a workplace accident, an injury can be as emotionally devastating as it is financially draining. If someone else hurt you in the Pensacola-Ferry Pass-Brent Metro Area, the Emerald Coast, or the Florida Panhandle, you may be entitled to compensation for your medical bills, lost income, and […]","datePublished":"2024-09-12","dateModified":"2026-05-11","author":{"@type":"Person","@id":"https:\/\/www.cardosolawyer.com\/blog\/author\/cardoso-law\/#Person","name":"Cardoso Law, PLLC","url":"https:\/\/www.cardosolawyer.com\/blog\/author\/cardoso-law\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/63df9f6403c86b0a543f9f8e42ac7842db712a81991de5cc60be777fe840ae0f?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/63df9f6403c86b0a543f9f8e42ac7842db712a81991de5cc60be777fe840ae0f?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Cardoso Law, PLLC","logo":{"@type":"ImageObject","@id":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2022\/10\/logo.svg","url":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2022\/10\/logo.svg","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2024\/09\/Cardoso-Law-PLLC-Blog-Thumbnail-11.png","url":"https:\/\/www.cardosolawyer.com\/wp-content\/uploads\/2024\/09\/Cardoso-Law-PLLC-Blog-Thumbnail-11.png","height":660,"width":1000},"url":"https:\/\/www.cardosolawyer.com\/blog\/steps-in-filing-a-personal-injury-lawsuit-in-florida\/","about":["Personal Injury"],"wordCount":1053,"articleBody":"Whether caused by a car accident, medical malpractice, or a workplace accident, an injury can be as emotionally devastating as it is financially draining. If someone else hurt you in the Pensacola-Ferry Pass-Brent Metro Area, the Emerald Coast, or the Florida Panhandle, you may be entitled to compensation for your medical bills, lost income, and pain and suffering. Here\u2019s what you need to know about your legal rights and how to assert them through the personal injury lawsuit process in Florida.Initial Assessment and ConsultationAfter the accident, contact a Florida personal injury attorney immediately. Before your initial consultation, collect all relevant documents, such as medical records and police reports. During the consultation, the attorney will review the details of your case and discuss the strategies that may prove successful in your personal injury claim.\u00a0Pre-Filing InvestigationAfter the initial consultation, your attorney will undertake a preliminary investigation of the accident. They will gather evidence to determine the identity of the liable party and build your personal injury case. That evidence could include:\u00a0Eyewitness testimonyToxicology reportsSurveillance footage\u00a0Medical records\u00a0Accident scene photographs\u00a0Expert witness reports and testimonyDriver logsPolice reports\u00a0Wage loss statements\u00a0Demand LetterUpon completing the investigation, your personal injury lawyer will send a demand letter to the responsible party\u2019s insurance company. This letter will advise the insurer of your theory of the case and outline how much compensation you need for your injuries. The insurance company may pay the full amount, allowing you to settle the case without going to trial. If negotiations are unsuccessful or the company refuses to pay, a formal lawsuit is the next step.\u00a0Filing the ComplaintYour next step is to file a formal complaint with the court and submit the appropriate filing fee. In most cases, Florida law allows an injured person only two years from the date of injury to file a lawsuit to pursue compensation. While two years may seem like a long time, it is important to file your lawsuit as soon as possible. If you file after the deadline, the defendant can file a motion with the court to dismiss your case. If this happens, you might lose your ability to force the responsible party to compensate you, no matter how severe your injury and losses.\u00a0Serve the Defendant with a Copy of the Complaint and a SummonsIn Florida, the client or their attorney will file the complaint and serve the summons to the defendant using a certified process server or the county sheriff. Once the summons has been delivered, the server will return a document that verifies that they properly served the defendant. When the summons is correctly served, the court obtains jurisdiction over that person in court.\u00a0Defendant’s ResponseAfter receiving their process documents, the defendant files their response, or answer. If they believe your case isn\u2019t valid, they may file a motion for the court to dismiss the lawsuit entirely.\u00a0Discovery PhaseNext is the pretrial discovery process. This is a court-enforced procedure where you and the defendant exchange information and evidence about the case. If a party doesn\u2019t cooperate, the court may sanction them. This phase includes:\u00a0Depositions\u2014Examination of witnesses that are conducted under oath but in informal settings, such as at lawyers\u2019 offices.Interrogatories\u2014Written questions sent from one party to another\u00a0Subpoenas\u2014A court order to a party or witness to appear in court or produce evidenceRequest for Production\u2014A party can request documents or other physical evidence from other parties in the caseMediation or Settlement NegotiationsWith sufficient evidence at your disposal, attempting to negotiate a personal injury lawsuit settlement may be desirable. This is an especially viable option if the discovery phase has provided you with more evidence to bargain for a settlement, or if the information gained from other parties seems to weaken your potential court case. A third-party mediator can also oversee these negotiations.\u00a0In Florida, courts often require that the parties mediate before they come to court. If you reach a settlement, your case can be concluded as soon as the parties file a stipulation of dismissal or in some cases when a judge approves a settlement agreement. If no settlement is reached, you can proceed to trial.TrialWhile most successful personal injury cases are settled before they can go to trial, it is possible your case will go that far. Should your case reach the courtroom, your trial can take anywhere from several days to a few months depending on the number of parties to your lawsuit and the complexity of your case. The trial process involves the following stages:\u00a0Jury selectionOpening statementsExamination and cross-examination of witnessesClosing argumentsJury deliberationsVerdict\u00a0Both parties can elect to waive a jury trial. If both sides waive a jury trial, the judge will hear the case in a bench trial.\u00a0After arguments from both parties, the judge or jury will decide whether you are entitled to compensation and, if so, how much. Conversely, if they determine the defendant did not harm you, they will decide in favor of the defendant.\u00a0Judgment and AppealIf you disagree with the verdict, you have 30 days to appeal. Most appeals in Florida are started by filing a Notice of Appeal with the clerk of a lower court or administrative agency. Similar to filing your initial lawsuit, you must pay a filing fee. After that, the notice is forwarded to the District Court of Appeal. If the notice is not filed within the 30-day deadline, the court loses jurisdiction over your case and cannot hear your appeal.\u00a0Filing an appeal is a highly complex process. If you choose to pursue this option, it is important to have a personal injury attorney who is familiar with Florida\u2019s rules of appellate procedure.\u00a0Contact Our Florida Personal Injury Lawyers to Learn MoreAt Cardoso Law, we understand how emotionally and financially taxing dealing with an injury can be. Since 2009, we\u2019ve helped many clients through the intricate lawsuit process. Whether your injury is the result of a boating accident, slip and fall, car accident, or another incident, we will help you pursue the compensation you\u2019re entitled to in a personal injury lawsuit in Florida. Contact us today for a free consultation.\u00a0"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.cardosolawyer.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Steps in Filing a Personal Injury Lawsuit in Florida","item":"https:\/\/www.cardosolawyer.com\/blog\/steps-in-filing-a-personal-injury-lawsuit-in-florida\/#breadcrumbitem"}]}]