Personal Injury Claim Stages in Florida You Should Know
Navigating the personal injury claim stages in Florida can feel overwhelming. From collecting solid evidence to negotiating and possibly going to trial, each stage requires diligence, strategy, and legal know‑how. Fortunately, when you understand these steps, you stay informed and ready—especially if you or a loved one suffered an injury. Below is a breakdown of the process and how Schwed Law can help every step of the way.
Stage 1: Evidence Collection & Investigation
The foundation of any personal injury claim is strong evidence. For example, this includes:
- Medical records and bills showing the extent of your injuries
- Police and accident reports
- Photographs of the scene, damage, and injuries
- Contact information for witnesses
- Expert testimony, such as accident reconstruction or medical opinions
Your legal team gathers all of these details during the investigation phase. As a result, they help establish liability and damages early on.
Moreover, Florida’s statute of limitations gives you two years from the date of injury to file a lawsuit (House Bill 837, effective March 24, 2023). Therefore, acting quickly not only protects your rights but also strengthens your claim with fresh, accurate evidence.
Stage 2: Negotiation & Pre‑Suit Settlement
Once evidence is compiled, your attorney begins negotiation with the at‑fault party’s insurance company. According to national data, over 95% of personal injury claims settle before trial. Similarly, in Florida, only about 3‑5% actually go to court.
In many cases, settlements occur early in the process or even during litigation. Florida allows pre‑suit demands, mediation, and discussions as alternatives to filing. Consequently, strong evidence can often encourage insurers to resolve the claim and avoid costly litigation.
Stage 3: Litigation & Discovery
If no fair settlement is reached, the formal lawsuit process begins. At this point:
- A complaint is filed and the defendant is formally served.
- The defendant then submits an answer
- The case enters discovery phase—this includes written interrogatories, document requests, depositions (under oath), and expert reports
- Pre-trial motions may also be filed to dismiss the case or exclude certain evidence
During discovery, which can take months, both sides gain a better understanding of the case’s strengths and weaknesses. As a result, this stage often helps both parties decide whether to settle or proceed to trial.
Stage 4: Settlement or Trial
Even after filing, negotiations may continue. In fact, many cases still settle during or shortly before trial. However, if both parties are unable to reach an agreement:
- The case proceeds to trial
- Both parties present evidence and arguments
- A jury—or in some cases, a judge—decides liability and awards compensation
Although trials can result in favorable outcomes, they are rare in Florida. Statistically, only about one in 20 cases reaches this final stage.
Contact Schwed, Adams & McGinley
If you’ve been injured in Florida, it’s crucial to work with an experienced team that can guide you through each of the personal injury claim stages. Schwed, Adams & McGinley, P.A. has over 200 years of combined experience handling personal injury cases—including auto accidents, slip and falls, and more. Our attorneys know how to
- Collect and preserve critical evidence
- Skillfully negotiate with insurers
- Navigate complex litigation
- Advocate aggressively at trial, when necessary
We offer a free consultation to review your case and help you explore your options. Contact Schwed, Adams & McGinley, P.A. at 877‑694‑6079 or email contact@schwedlawfirm.com today.
Don’t wait—Florida’s two‑year deadline could be counting down. Let Schwed Law protect your rights and fight for the compensation you deserve. Contact us now for your free consultation.