Filing a Car Accident Lawsuit in Florida

Legal Options After a Crash and How Our Injury Lawyers Can Help

If you were injured in a car accident that wasn’t your fault, you may be able to file a lawsuit to recover the compensation you rightfully deserve. This is critical, as accident-related expenses can quickly add up. Medical bills, lost wages, and pain from your injuries can take a serious toll.

While Florida is a no-fault state, that doesn’t mean you’re stuck with whatever your insurance company offers to pay you. If your injuries are serious, you have the right to step outside the no-fault system and hold the at-fault driver accountable for your accident – and your expenses.

At Personal Injury Legal Solutions in Plantation, we help accident victims across Florida take legal action after serious crashes. Our legal team understands the law, the process, and how to fight back against insurance companies or anyone else who stands in the way of justice. We can explain your options and help you file a lawsuit if that’s what your case needs. Contact us to learn more.

When Can I File a Car Accident Lawsuit in Florida?

Florida’s no-fault system requires injured drivers to first turn to their own Personal Injury Protection (PIP) coverage. But when injuries are severe, you can step outside of this system and file a lawsuit directly against the at-fault driver or another at-fault party.

You may be eligible to sue if:

You suffered a “serious injury” as defined under Florida law.
Your medical expenses exceed the limits of your PIP coverage, which is common after many serious car accidents.
You sustained a permanent injury, significant scarring, or disfigurement.
You lost the ability to work or carry out daily activities.

Knowing whether you can file a lawsuit after your car accident in Florida might not be clear. We can review your injuries and help you determine whether you’re eligible to file a lawsuit. If you qualify, we can take fast action to preserve important evidence and file a lawsuit on your behalf.

What Does the Lawsuit Process Involve?

Filing a car accident lawsuit in Florida is a complicated step-by-step process. Often, it involves investigation, legal filings, and sometimes going to trial. Most lawsuits are settled before trial, but we prepare every case as if it will be heard in court by a judge and jury.

Here’s what to expect when taking legal action:

Initial investigation and evidence collection.
Filing a formal complaint with the court.
The defendant responds, and the discovery process begins.
Negotiations and settlement discussions.
Case goes to trial if a fair settlement cannot be reached.

The timeline varies, but having an experienced attorney handling your case can help make you’re your lawsuit moves forward efficiently and effectively. We know exactly what to do and can make sure your lawsuit is built on solid evidence and meets critical deadlines. You can count on us.

What Are the Legal Steps to File a Lawsuit in Florida?

The process for filing a car accident lawsuit in Florida includes many detailed steps. Each step must be executed correctly to build a strong, compelling legal case. Such steps often include:

Drafting and Filing the Complaint Letter: This formal complaint outlines your allegations and requested financial relief. The complaint letter must include:
- The names of the plaintiff (person filing the lawsuit) and the defendant (person being sued).
- A description of the accident and injuries
- The legal basis for holding the defendant liable, legally responsible for the accident.
- The damages (financial compensation) you are seeking from the defendant.
Filing Location: The complaint is filed with the appropriate Florida Circuit Court, which handles civil claims involving more than $50,000. If the damages are lower, the case may be filed in County Court (for claims under $50,000) or Small Claims Court (for claims under $8,000). The court must be located in the county where the accident occurred or where the defendant resides. For example, if the at-fault driver lives in West Palm Beach and the accident took place in Plantation, FL, you could choose between filing your lawsuit in Florida’s 15^th Circuit Court (which serves Palm Beach County) or Florida’s 17^th Circuit Court (which serves Plantation and other cities in Broward County).
Serving the Defendant: After filing, the defendant must be formally notified through a process called “service of process.” A copy of the complaint and a summons must be delivered by:
- A sheriff’s deputy
- A certified process server

This must happen within 120 days of filing the complaint. Once served, the defendant has 20 days to respond to the formal written complaint.

Pretrial and Discovery: After service and before going to trial, both sides begin the discovery process. This includes:
- Interrogatories (written questions).
- Depositions (sworn testimony).
- Requests for medical records and other documents.
- Both sides share information with each other during the pre-trial discovery phase. That way, both sides are aware of the evidence related to the case before going to trial. Many times, the defendant and their lawyer will choose to settle a case rather than go to trial, especially if they believe the plaintiff has compelling evidence in support of their lawsuit.
Motions and Hearings: Either side may file motions to resolve parts of the case before trial. A judge may hold hearings to decide on these motions or to compel cooperation.
Trial: If the case doesn’t settle, it proceeds to trial. A jury or judge will hear evidence and decide who was at fault. If the judge or jury rules in favor of the plaintiff, they will then decide how much compensation should be awarded to you and whether to award punitive damages meant to punish the at-fault party for their actions.
Judgment and Appeals: Once a verdict is reached, the court enters a judgment. Either party may appeal the decision, depending on the circumstances.

Each step has strict legal and procedural requirements. Mistakes in filing, serving, or presenting your case can cost you the right to recover damages. Our legal team can make sure that every document is filed correctly and on time. We will also work hard to find solid evidence in support of your legal case.

How Long Do I Have to File a Lawsuit After a Crash?

Florida law limits the amount of time you have to file a car accident lawsuit. That deadline – known as the statute of limitations – is two years from the date of the accident. If you miss the deadline, you could lose your right to pursue compensation.

But even though you have two years to take legal action, don’t wait too long for several reasons:

Evidence can be lost or destroyed long before the two-year deadline expires.
Witnesses can be located more easily and will remember more about what happened.
Video footage (especially dash cam footage and traffic camera footage) will still be available.
Medical documentation is often more complete soon after an accident.
Insurance companies will often take your case more seriously if you take legal action sooner rather than later.

If you’re unsure about the amount of time you have, we can review your case and provide you with clear answers. It costs nothing to speak with us (we offer a free case evaluation), and waiting too long can cost you everything.

What If the Insurance Company Won’t Offer a Fair Settlement?

Don’t be surprised if the insurance company responsible for compensating you refuses to make a fair settlement offer. Insurance companies are not on your side. Their goal is to settle quickly and cheaply – or deny your claim entirely. If the insurance company refuses to make a fair offer, filing a lawsuit may be the best way to recover full compensation.

You may need to file a lawsuit if:

The insurer denies liability (legal responsibility for paying you).
They offer far less than your case is worth.
They delay the process to wear you down.
Your injuries require long-term medical care.

Our legal team negotiates aggressively with insurers. If they won’t do the right thing, we can file a lawsuit on your behalf and take them to court. You have rights under Florida law. We’ll fight to protect them.

What Damages Can I Sue for After a Crash?

If you were injured in a car accident caused by someone else, Florida law allows you to seek several different types of damages through a lawsuit. Damages is a legal term that refers to compensation for financial losses resulting from negligence.

In general, damages fall into three categories: compensatory, non-compensatory and punitive. Each plays a different role in helping you recover financially and hold the at-fault party accountable. Here’s what those categories mean:

Compensatory damages cover direct, measurable financial losses, including:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Vehicle repairs and other out-of-pocket costs
Non-compensatory damages (also called non-economic damages) address intangible losses, such as:
- Pain and suffering
- Mental anguish or emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Punitive damages are meant to punish the at-fault driver for extreme misconduct – such as drunk driving or intentional harm – and to discourage similar behavior in the future.

Not all cases qualify for punitive damages, but nearly every injury claim involves compensatory and non-compensatory damages. A skilled attorney can help you identify all the damages you’re entitled to and build a persuasive case for full financial compensation. We know what to look for and how to demand every dollar the law allows.

How Much Compensation Can I Recover in a Lawsuit?

The value of your lawsuit depends on the specific facts of your case. We work with experts to assess the full impact of your injuries and what you’ll need moving forward. Your lawsuit can include a wide range of compensation, both economic and non-economic damages. In particular, you may be entitled to compensation for:

Medical expenses, past and future
Lost income and diminished earning capacity
Pain and suffering
Emotional distress
Property damage

There’s no set dollar amount for lawsuits and certain types of car accidents. Each one is unique. That’s why we take the time to build a strong, evidence-based case. Our goal is to recover every dollar you need to cover the costs of your accident and to help you rebuild your life.

Our Attorneys Are Trial-Tested and Can Help You Pursue Justice After a Crash

Filing a lawsuit can be intimidating and confusing. Fortunately, you don’t have to do it alone. Our legal team at Personal Injury Legal Solutions has decades of experience taking on powerful insurance companies and winning tough cases. We understand how Florida’s legal system works and know how to achieve meaningful results for our clients. We also make it easy for you to decide whether or not to take legal action after your car crash.

Free consultations and no upfront fees.
You don’t pay unless we win.
Bilingual team available to help in English and Spanish.
24/7 availability to answer your questions.

If you’ve been seriously injured in a Florida car accident, we’re here to help. Contact us today and find out whether you should file a lawsuit to resolve your car accident case. Take the first step toward justice.