1-855-722-2552Being in an accident can have profound physical, mental, and emotional consequences, and it makes sense that you want to move on with your life as soon as possible. Filing a personal injury lawsuit can help you do that, but it’s important to be realistic about how long it may take you to receive compensation.
Florida’s personal injury lawsuit timeline starts when you notify the insurance provider of an accident – a step that you have two years to accomplish under the state’s statute of limitations. Keep reading to learn what happens next, and contact our team at Gordon & Partners to kick off the process with a free review of your case.
Personal Injury Case Timeline: 6 Steps to Settlement
If you have been the victim of a negligence-based accident in Florida, the very first thing you should do is seek medical care, even if you don’t have any obvious injuries. Keep a record of all care you receive, as well as any other evidence of damage to your person, your property, and/or your finances.
Next, begin the steps required to file your personal injury claim. We’ve outlined what those are below and are available by phone for a no-cost consultation.
Step 1: Find a Personal Injury Attorney
Florida personal injury attorneys work with these types of claims every single day and are experts in insurance company settlements and negotiations. They may even be able to speed up your personal injury case timeline and get you paid faster.
Haven’t budgeted for a lawyer? That’s fine. Our personal injury attorneys work on a contingency fee basis with no up-front fees. Instead of paying a retainer or hourly rate, you simply pay a percentage of any compensation you receive.
Step 2: Notify the Insurance Company
Next, you or your attorney will notify the insurance company of the accident, and they will begin investigating the claim. It’s possible that you will receive sufficient compensation at this time through your Personal Injury Protection (PIP) benefits. If it’s not enough, though, a personal injury case could help you recoup the remainder.
Step 3: Send a Demand Letter to the At-Fault Party
As soon as an attorney takes on your case, they will begin their own investigation into what happened and who is at fault. Findings will then be written into a demand letter that is sent to the at-fault party, the intention of which is to settle damages without a lawsuit.
Once received, the at-fault party can accept, counter, or reject your demands. In the case of a rejection or an insufficient counter, it’s time to bring your claim to the courts.
Step 4: File a Personal Injury Lawsuit
A personal injury lawsuit starts with a formal complaint filed in either the county where the accident occurred or the county where the at-fault party resides. The at-fault party—who is now known as the defendant—can admit fault or deny the claim entirely, which determines the next step.
Step 5: Discovery
The discovery phase is a critical part of any lawsuit. This is when your attorney and the defendant’s attorney exchange all evidence and begin building their individual cases.
Often, personal injury lawsuits are settled after discovery and before court through mediation or arbitration. Either of these is ideal if you’re trying to shorten the timeline, but both parties must agree to abide by the decision.
Step 6: Trial and Possible Appeal
If you can’t settle out of court, a trial will be necessary. How long this takes depends on the specifics of the case and the nuances of the Florida court system. This is typically the longest phase of the personal injury case process, taking several months or more.
Unfortunately, not all cases end with a trial. If the liable party disagrees with the court’s findings, they can file an appeal, which will add more time to the process and potentially change the result.
How Long Does a Personal Injury Lawsuit Take in Florida?
From start to finish, how long do personal injury cases take to settle? It varies, but expect to spend anywhere from nine months to a year and a half on the process.
Things that can impact the timeline of your case include:
- The severity of your injuries
- The complexity of the investigation
- The extent of insurance coverage available
- The agreeableness of the at-fault party
At Gordon & Partners, we have helped clients receive more than $1 Billion dollars in compensation for personal injury claims. Learn about our personal injury practice, and please contact us for your free case evaluation.
