How to File a Personal Injury Lawsuit in Florida

Introduction

If you have been injured due to someone else’s negligence in Florida, you may have the right to file a personal injury lawsuit to recover compensation for your medical bills, lost wages, and pain and suffering. However, the legal process can be complex, and understanding the steps involved can help you navigate your claim successfully.

This guide explains how to file a personal injury lawsuit in Florida, the deadlines you must meet, and how an attorney can help maximize your compensation.

Step 1: Determine If You Have a Valid Case

Before filing a lawsuit, you must establish that you have a valid personal injury claim. In Florida, a successful claim requires proving the following elements:

• Duty of care: The defendant had a legal obligation to act reasonably to prevent harm (e.g., drivers must follow traffic laws, businesses must keep their premises safe).
• Breach of duty: The defendant failed to fulfill their duty of care through negligence or wrongful actions.
• Causation: The defendant’s actions directly caused your injuries.
• Damages: You suffered actual losses, such as medical expenses, lost income, or emotional distress.

Common personal injury cases include car accidents, slip and fall accidents, medical malpractice, product liability, and wrongful death claims.

Step 2: Gather Evidence

Strong evidence is crucial for proving fault and securing compensation. Helpful evidence includes:

• Accident reports (police reports for car accidents, incident reports for slip and falls)
• Medical records and bills to document injuries and treatment costs
• Photos or videos of the accident scene and injuries
• Eyewitness statements supporting your claim
• Pay stubs or tax records showing lost wages due to injury
• Expert testimony from doctors or accident reconstruction specialists

The more evidence you can collect, the stronger your case will be.

Step 3: Understand Florida’s Statute of Limitations

Florida law imposes a time limit on how long you have to file a personal injury lawsuit. Under Florida Statutes section 95.11, the statute of limitations is:

• Two years from the date of injury for most personal injury cases (as of recent law changes).
• Two years from the date of death for wrongful death claims.
• Four years for property damage claims related to an accident.

Failing to file within this deadline can result in your case being dismissed, meaning you lose the right to seek compensation.

Step 4: File an Insurance Claim First

In many cases, you must file an insurance claim before filing a lawsuit. For example:

• Car accidents fall under Florida’s no-fault insurance system, requiring you to seek compensation from your own personal injury protection (PIP) policy before suing the other driver.
• Slip and fall accidents typically involve filing a claim with the property owner’s liability insurance.
• Medical malpractice cases require sending a notice of intent to sue to the healthcare provider before filing a lawsuit.

If insurance negotiations do not result in fair compensation, you may then proceed with a lawsuit.

Step 5: File a Personal Injury Lawsuit

If a fair settlement cannot be reached, your attorney will file a complaint in the appropriate Florida court. The complaint outlines:

• The parties involved (plaintiff and defendant).
• The facts of the case and how the defendant was negligent.
• The damages being sought.

Once the lawsuit is filed, the defendant is served with a summons and has the opportunity to respond.

Step 6: Participate in the Discovery Process

After the lawsuit is filed, both sides engage in discovery, where they exchange evidence and information. This process may involve:

• Depositions: Recorded testimony from witnesses and experts.
• Interrogatories: Written questions that must be answered under oath.
• Requests for documents: Medical records, accident reports, and other relevant evidence.

Discovery allows both sides to build their cases before trial.

Step 7: Consider Settlement Negotiations

Most personal injury lawsuits are resolved through settlement rather than trial. Negotiations often take place before or during litigation. Settling may allow you to receive compensation faster and avoid the uncertainty of a trial.

However, if the insurance company or defendant refuses to offer fair compensation, going to trial may be necessary.

Step 8: Go to Trial (If Necessary)

If a settlement is not reached, your case will go to trial, where a judge or jury will decide:

• Whether the defendant was negligent.
• How much compensation you should receive.

Trials can be lengthy and expensive, but they may be the only option if the other party refuses to offer fair compensation.

Damages You Can Recover in a Florida Personal Injury Lawsuit

If your case is successful, you may be entitled to recover damages for:

• Medical expenses (past and future)
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Property damage (if applicable)
• Punitive damages (in cases of extreme negligence or intentional misconduct)

The amount you receive depends on the severity of your injuries, financial losses, and the strength of your case.

How a Personal Injury Attorney Can Help

Navigating a personal injury lawsuit can be complex, and insurance companies often try to minimize payouts. An experienced personal injury attorney can:

• Investigate the accident and gather strong evidence.
• Handle all communication and negotiations with insurance companies.
• Ensure that legal deadlines and procedural requirements are met.
• Represent you in court if a fair settlement cannot be reached.

At Bonderud Law, we have extensive experience representing injury victims and fighting for maximum compensation. If you or a loved one has been injured due to someone else’s negligence, contact us today for a free consultation.

Conclusion

Filing a personal injury lawsuit in Florida involves several key steps, from gathering evidence and filing insurance claims to engaging in negotiations and possibly going to trial. Because strict deadlines apply, it is important to act quickly and seek legal representation to ensure your case is handled properly.

If you have been injured and need to file a personal injury claim, consulting with an experienced attorney is the best way to protect your rights and maximize your compensation.