Legal ProcessFlorida Law

How Long Does a Personal Injury Lawsuit Take in Florida?

Stacy M. EmasManaging Partner

When you are injured and out of work, you want your settlement yesterday. We understand that urgency. However, the legal process is rarely fast. Clients often ask, 'How long will this take?' The ho...

When you are injured and out of work, you want your settlement yesterday. We understand that urgency. However, the legal process is rarely fast. Clients often ask, 'How long will this take?' The honest answer is: it depends. A personal injury case in Florida can take anywhere from a few months to a few years. Understanding the timeline helps manage expectations and reduces the stress of the wait.

Phase 1: Medical Recovery (3-6+ Months)

We cannot settle your case until we know the full extent of your injuries. This means waiting until you finish treatment or reach Maximum Medical Improvement (MMI). Rushing this phase is a mistake. If you settle before you are healed, you can't go back for more money later.

Phase 2: Pre-Suit Negotiation (1-3 Months)

Once medical records are gathered, we send a demand to the insurer. They typically have 30 days to evaluate it. We then negotiate. If they agree to a fair number, the case ends here. This is the fastest path.

Phase 3: Litigation (12-24 Months)

If we have to file a lawsuit, the timeline extends significantly. The court system is slow. We have to go through discovery, depositions, and mediation. Trial dates are often set a year or more in advance. However, remember that most cases settle at some point during this timeline, often at mediation.

Factors That Delay Cases

Complex liability (disputes over who is at fault), severe injuries with high damages, multiple defendants, and uncooperative insurance companies all slow down the process. The court's own backlog is also a major factor.

Why Patience Pays Off

Insurance companies know you are desperate for cash. They use delay tactics to pressure you into taking a low offer. Having the patience to let your lawyer build the case and push through litigation often results in a significantly higher payout.

Contact Emas Law Group Today

While we can't control the court's calendar, Emas Law Group is committed to moving your case as efficiently as possible. We keep you informed at every stage so you never feel left in the dark. Your future is worth the wait.

Frequently Asked Questions

Can we speed up the process?

We do everything we can to avoid unnecessary delays, such as gathering records promptly and filing documents immediately. But we won't cut corners that hurt your case value.

Will I get money sooner if I don't hire a lawyer?

You might get a check sooner, but it will likely be for a much smaller amount than you deserve. Speed often comes at the cost of value.

What if I can't pay my bills while waiting?

We can sometimes help negotiate with medical providers to hold their bills until the case settles, or explore pre-settlement funding options (though these should be a last resort).

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Stacy M. Emas

Managing Partner

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