How Long Do Personal Injury Cases Take in Florida?
Jan 20
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If you were hurt in a crash or other accident in Florida—whether in St. Petersburg, Seminole, Clearwater, Largo, Pinellas Park, Tampa, or anywhere in Pinellas, Hillsborough, or Pasco County—and have filed an injury claim, one of the first questions you’ll probably ask is:
“How long is this going to take?”
The honest answer: it depends on your injuries, your medical treatment timeline, the insurance company, and (if a lawsuit is needed) the court’s schedule. Still, most Florida personal injury cases fall into predictable “time buckets,” and you can often avoid delays by doing a few key things early on.
Below is a Florida-specific guide to timelines, what controls them, and what you can do to keep your case moving.
Quick Answer: Typical Florida Personal Injury Timelines
Many Florida personal injury cases resolve in one of these ranges:
Property-damage-only or truly minimal injury claims: often weeks to a few months
Typical soft-tissue injury cases (treatment + demand + negotiation): often 3–9 months
Moderate injury cases (imaging, specialists, longer treatment): often 6–18 months
Cases that require a lawsuit: often 9–24+ months
Cases that go to trial: often 18–36+ months (sometimes longer, depending on the county and courtroom availability)
These ranges aren’t guarantees—just common patterns.
Why Florida Personal Injury Cases Take Time
1) Medical Treatment Comes First (and usually drives the timeline)
A major reason cases take time is because you can’t accurately value your claim until your medical picture is clear.
In Florida auto accident cases, many people start with PIP (Personal Injury Protection). Florida’s PIP statute generally requires you to obtain initial medical services within 14 days of the crash in order to access PIP medical benefits.
Even in “minor” crashes, symptoms may develop later, and insurance companies often dispute causation if treatment is delayed.
2) Insurance Companies Don’t Move at the Same Speed You Do
Insurers typically want:
Recorded statements
Medical records and bills
Proof of wages/lost time
Documentation of ongoing symptoms
Evidence and photos
And if your medical providers are slow to produce records or bills, negotiations can stall.
3) If a Lawsuit Is Filed, Florida’s Court Rules and Scheduling Matter
Once a lawsuit is filed and served, the defendant generally has 20 days to respond under Florida’s civil procedure rules (with certain exceptions for state entities).
After that, the case proceeds through:
Pleadings and motions (which can add months)
Discovery (written discovery, depositions, subpoenas)
Mediation (often required/ordered; discovery typically continues during mediation)
Pretrial and trial scheduling
Court calendars vary widely across Florida circuits and counties.
The Florida Statute of Limitations Can Affect Your Timeline
Even if you hope to settle without a lawsuit, you must still protect the deadline to file.
For many negligence-based personal injury claims in Florida, the deadline was shortened to two years for causes of action accruing on/after March 24, 2023 (HB 837).
A Step-by-Step Florida Personal Injury Timeline
Step 1: Immediate Aftermath (Day 1 to Week 2)
Crash/incident documentation
Report/claim opened
Medical evaluation (important in auto cases because of the PIP 14-day rule)
Step 2: Active Treatment and Investigation (Weeks to Months...sometime longer)
Follow-up appointments, PT, chiropractic, imaging (if needed)
Gathering records and bills
Liability investigation (videos, witnesses, scene evidence)
Insurance coverage review (BI limits, UM/UIM, etc.)
Step 3: Demand Package and Negotiation (Usually Months)
Once treatment stabilizes (or future care can be reasonably estimated), a demand is usually prepared with:
Medical records and bills
Wage loss proof
Injury narrative
Liability argument
Photos and supporting evidence
Step 4: Litigation (If Settlement Doesn’t Happen)
If a lawsuit is filed, the pace depends on motions, discovery complexity, and court availability. The defense response deadline is typically 20 days after service under Florida procedure rules.
Step 5: Trial (If Needed)
Trials can take longer to schedule and prepare for, especially when expert testimony (medical, accident reconstruction, vocational, etc.) is involved.
What Makes a Florida Personal Injury Case Take Longer?
These factors commonly add time:
Ongoing treatment (you’re still improving or still symptomatic)
Gaps in treatment (insurers argue the injury isn’t crash-related)
Need for MRI/specialist referral
Disputed fault (comparative negligence arguments)
Low policy limits and multiple claimants
UM/UIM disputes
Liens/subrogation issues (health insurance, Medicare/Medicaid, etc.)
Lawsuit motion practice (motions to dismiss, discovery disputes)
How to Keep Your Florida Case Moving
These are the biggest “delay reducers”:
Get medically evaluated early (especially for PIP auto cases)
Follow through with treatment and avoid long gaps (if possible)
Don’t give recorded statements without understanding the consequences
Gather documents early (photos, crash report, witness info, wage proof)
Respond in a timely manner to your attorney
Keep your attorney updated with any changes or updates in treatment, symptoms, medical providers, income loss, etc.
Don’t settle before you understand your injury trajectory
Keep an open mind when considering settlement
In many cases, delays can arise when there is a disconnect between settlement expectations and the realistic value of a claim. It is understandable for injured individuals to feel strongly about the impact an accident has had on their lives; however, those expectations do not always align with how insurers, courts, or applicable law evaluate a case. When an attorney's professional guidance is not fully considered, resolution may take longer than necessary.
Bottom Line
While many Florida personal injury cases can be resolved in a matter of months, cases involving disputed liability, continued medical treatment, or formal litigation may reasonably take years to conclude, with trial cases often requiring additional time.
Speak With a Florida Personal Injury Attorney
If you were involved in a car accident in Florida, it’s important to understand your rights before making decisions that could affect your health and financial recovery.
Call Personal Injury Attorney Bethany Dolezal of Dolezal Law, P.A. and ask to schedule a free consultation to discuss your case.
CALL (888) 411-7854 (TOLL-FREE) OR (727) 387-AUTO (LOCAL). YOU MAY ALSO EMAIL ATTORNEY BETHANY DOLEZAL DIRECTLY AT BETHANY@DOLEZALLAW.COM.
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Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is different, and results and case timelines vary.
