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Filing a Personal Injury Lawsuit in Florida
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Florida Courts and Filing a Personal Injury Lawsuit
Most personal injury claims settle without ever going to court. However, when insurance companies refuse to offer fair compensation, filing a lawsuit becomes necessary to protect your rights.
Understanding Florida’s court system and the litigation process can help you feel more prepared if your car accident or personal injury case requires legal action.
Florida’s Court System
Florida has a multi-level court system. Personal injury cases are handled at the trial court level—either County Court or Circuit Court—depending on the amount of damages claimed.
County Court handles civil cases where the amount in dispute is $50,000 or less. This includes:
- Small claims (up to $8,000)
- Other civil matters up to $50,000
Circuit Court handles civil cases involving claims greater than $50,000. Most serious personal injury cases—those involving significant injuries, substantial medical bills, and claims for pain and suffering—are filed in Circuit Court.
District Courts of Appeal hear appeals from trial court decisions. Palm Beach County falls under the Fourth District Court of Appeal.
Florida Supreme Court is the highest court in the state and only hears certain types of appeals.
Palm Beach County Courts
Palm Beach County is part of Florida’s 15th Judicial Circuit. Personal injury lawsuits filed in Palm Beach County are heard at:
Main Courthouse 205 North Dixie Highway West Palm Beach, FL 33401
The Clerk of the Circuit Court & Comptroller, Palm Beach County handles all filings, maintains court records, and provides public access to case information through their eCaseView online system.
Additional courthouse locations in Palm Beach County include:
- North County Courthouse (Palm Beach Gardens)
- South County Courthouse (Delray Beach)
- West County Courthouse (Belle Glade)
When Filing a Lawsuit Becomes Necessary
Filing a lawsuit isn’t always required—and it’s not the first step in most personal injury cases. Typically, your attorney will first:
- Investigate your accident and gather evidence
- Document your injuries and damages
- Send a demand letter to the insurance company
- Negotiate for a fair settlement
However, filing a lawsuit may become necessary when:
- The insurance company denies your claim
- The settlement offer doesn’t fairly compensate your losses
- Liability is disputed
- The statute of limitations deadline is approaching
- Multiple parties are involved and negotiations have stalled
Filing a lawsuit doesn’t mean you’ll go to trial. Most cases still settle after litigation begins, often because the insurance company takes your claim more seriously once a lawsuit is filed.
The Lawsuit Process
Filing the Complaint
A lawsuit begins when your attorney files a “complaint” with the appropriate court. The complaint outlines:
- The parties involved (plaintiff and defendant)
- The facts of the accident
- How the defendant was negligent
- The injuries and damages you suffered
- The compensation you’re seeking
Once filed, the defendant must be formally “served” with the lawsuit documents.
The Defendant’s Response
After being served, the defendant typically has 20 days to file a written response. In personal injury cases, the defendant’s insurance company usually hires an attorney to handle the defense.
Discovery
Discovery is the process where both sides exchange information and evidence. This includes:
Interrogatories: Written questions that must be answered under oath
Requests for Production: Demands for documents such as medical records, accident reports, and photographs
Depositions: Sworn testimony taken outside of court, where attorneys question witnesses and parties
Discovery typically takes 3-6 months but can extend longer in complex cases.
Mediation
Florida courts require mediation before most cases can go to trial. Mediation is a settlement conference where a neutral mediator helps both sides negotiate. Approximately 80% of personal injury cases that reach mediation settle without going to trial.
Trial
If mediation doesn’t resolve the case, it proceeds to trial. At trial:
- Both sides present opening statements
- Evidence and witness testimony are presented
- Attorneys cross-examine witnesses
- Closing arguments summarize each side’s position
- A jury (or judge in a bench trial) decides the outcome
Personal injury trials can last from one day to several weeks, depending on complexity.
Judgment and Collection
If you win at trial, the court enters a judgment in your favor. The defendant’s insurance company typically pays judgments up to the policy limits. Collecting amounts beyond policy limits from the defendant personally can be challenging.
Important Deadlines
Florida law imposes strict deadlines for personal injury cases:
Statute of Limitations: You have two years from the date of your accident to file a personal injury lawsuit. Miss this deadline and you lose your right to sue.
14-Day Rule: You must seek medical treatment within 14 days of a car accident to access PIP benefits.
Response Deadlines: Once served, defendants have specific timeframes to respond to your lawsuit.
Your attorney will ensure all deadlines are met, but acting promptly after an accident gives your legal team the most time to build a strong case.
Court Costs and Fees
Filing a lawsuit involves various costs, including:
- Filing fees (vary by case type and amount claimed)
- Service of process fees
- Deposition transcript costs
- Expert witness fees
- Court reporter fees
When you work with an attorney on a contingency fee basis, the law firm typically advances these costs and is reimbursed from your settlement or verdict.
Why You Need an Attorney
While you have the legal right to represent yourself, personal injury litigation is complex. Insurance companies have experienced defense attorneys fighting to minimize your compensation. Without legal representation, you’re at a significant disadvantage.
An experienced personal injury attorney understands court procedures, rules of evidence, and litigation strategy—and knows when to push for trial and when to settle.
Ready to Take Legal Action?
If the insurance company won’t offer fair compensation for your injuries, you may need to file a lawsuit. At Jacobson Injury Firm, we handle every aspect of litigation so you can focus on your recovery.
We represent accident victims throughout Palm Beach County in Circuit Court and County Court, and we’re prepared to take your case to trial if necessary.
Contact us today for a free consultation. We work on a contingency fee basis—you pay nothing unless we recover compensation for you.