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A Florida personal injury case usually moves through six stages: medical treatment, an insurance claim and demand, negotiation, a lawsuit, discovery and mediation, and, rarely, trial. There is no fixed length, but the law sets several clocks: two years to file most claims, 20 days for a defendant to answer a lawsuit, and court time standards of 18 months for jury cases once a suit is under way. Many claims settle before a lawsuit is filed; cases that go to court take longer. This guide walks through each stage and the deadlines that shape it.

This guide is general information, not legal advice. Every case is different; a Florida-licensed lawyer can estimate the timeline for yours.

The short version

  • The two-year filing deadline is the one date you cannot miss for most injury claims that arose on or after March 24, 2023.
  • Treatment sets the pace: a claim is usually not valued until your condition is stable.
  • Insurers have reasons to decide clear claims within 90 days, because paying the policy limits in that time protects them from a bad-faith suit.
  • Claims against a city, county or state agency add a waiting period of up to 6 months after written notice before you can sue.
  • Once a suit is filed, Florida courts aim to finish jury cases within 18 months, and most settle before trial, often at mediation.
  • Settlement is not the end: the money is paid after liens are resolved and you sign a closing statement.

The stages at a glance

The legal deadlines below come from Florida law; how long each stage takes in practice depends on the injury, the insurer and the court.

Stage What happens Florida rule that applies
1. Treatment You get medical care; the full extent of the injury becomes clear After a car crash, PIP requires care within 14 days
2. Claim and demand The lawyer gathers records and sends a demand to the insurer PIP benefits are overdue 30 days after written notice of the loss
3. Negotiation The insurer accepts, rejects or counters An insurer that pays policy limits within 90 days of notice cannot be found liable for bad faith on that claim
4. Lawsuit If no settlement, a complaint is filed and served Most negligence claims: 2 years from the injury; the defendant has 20 days to respond after service
5. Discovery and mediation Both sides exchange evidence, take depositions and usually mediate Since 2025, courts issue case management orders with deadlines and a projected trial period
6. Trial A judge or jury decides Time standard: 18 months for jury cases and 12 months for non-jury cases

Why does treatment come first?

Because a claim cannot be valued until you know how serious the injury is and what treatment will cost. Settling before treatment ends risks accepting less than future medical bills. After a car crash, Florida's PIP coverage pays only if you get initial care within 14 days, so do not wait to see a doctor.

How long does the insurance stage take?

It depends on how quickly records arrive and how the insurer responds, but Florida law sets some limits. PIP benefits are overdue if not paid within 30 days after the insurer receives written notice of a covered loss. Under the 2023 reforms, a liability insurer that offers the policy limits (or the amount demanded, if lower) within 90 days after receiving notice of a claim with enough supporting evidence cannot be held liable for bad faith on that claim, which encourages early decisions on clear cases.

When must a lawsuit be filed?

Within two years of the injury for most negligence claims that arose on or after March 24, 2023. Medical malpractice and wrongful death claims also have two-year deadlines, with their own rules. If the deadline is near and the case has not settled, a lawyer files suit to protect the claim, even while negotiations continue.

Claim Deadline to file
Negligence arising on or after March 24, 2023 2 years
Negligence arising before March 24, 2023 4 years
Medical malpractice 2 years from discovery, generally no more than 4 years from the incident
Wrongful death 2 years from the death

What extra step applies to medical malpractice?

Before suing a doctor or hospital, the injured person must serve a notice of intent, which starts a 90-day presuit investigation period. During those 90 days the defendant investigates and may offer to settle, reject the claim or offer to arbitrate. The notice tolls (pauses) the filing deadline during that period, under section 766.106 of the Florida Statutes. Every step is explained in Florida medical malpractice: pre-suit rules and deadlines.

What happens once a case is in court?

The defendant responds within 20 days of being served, then both sides exchange evidence under a schedule the court sets. Since January 1, 2025, Florida civil cases are assigned to a case management track (streamlined, general or complex), and courts issue orders with deadlines for discovery, motions and mediation and a projected trial period. Florida's time standards treat 18 months as a reasonable time to finish a jury case and 12 months for a non-jury case, counted from service on the last defendant or 120 days after filing. Most cases settle before trial, often at mediation.

What makes a case take longer?

  • ongoing treatment or a disputed future prognosis;
  • disputes over who was at fault, which matter more since Florida bars recovery above 50% fault;
  • several defendants or insurers;
  • claims against government bodies, which require written notice before a lawsuit;
  • a busy court calendar or an appeal.

How long does a claim against a government body take?

Longer, because Florida law requires written notice to the agency before a lawsuit and gives the government up to 6 months to decide. Under section 768.28, the claim must be presented in writing within 3 years after it arises (2 years for wrongful death), and it is treated as denied if not resolved within 6 months of filing (90 days for medical malpractice and wrongful death claims). Only then can you sue, and the lawsuit itself must be filed within 4 years in most cases.

Step Rule under section 768.28
Written notice of the claim Within 3 years after the claim arises (2 years for wrongful death)
Government's time to decide 6 months; 90 days for medical malpractice and wrongful death
Deadline to sue 4 years after the claim arises in most cases
Limit on what the government pays $200,000 per person and $300,000 per incident, unless the Legislature approves more

This applies to crashes with a city bus or police car, falls on public property and injuries at public hospitals, among others. The payment limits often matter more than the timeline, so ask early whether another party, such as a private contractor, shares responsibility.

What can I do if the insurer delays?

Your lawyer can file a civil remedy notice with the Florida Department of Financial Services, which gives the insurer 60 days to fix the problem before a bad-faith lawsuit can be brought. The notice is filed on the department's form and sent to the insurer. It is a formal step that often prompts a decision, but it is a tool for your lawyer to use, not a routine part of every claim.

What happens after a settlement or verdict?

After a settlement, payment usually follows once liens and medical bills are resolved and you approve a closing statement; after a verdict, either side can appeal within 30 days.

  • Settlement: the release is signed, the insurer pays, liens from health insurers, Medicare or providers are confirmed and negotiated, and your lawyer prepares the closing statement Florida requires before anyone is paid. See how the money is paid out.
  • Verdict: a notice of appeal must be filed within 30 days of the judgment under the Florida Rules of Appellate Procedure. An appeal can add many months, and the losing side may delay paying while it is pending.

How to keep your case moving

  1. Get medical care promptly and follow the treatment plan.
  2. Keep every bill, record and proof of lost income.
  3. Answer your lawyer's requests quickly.
  4. Mark the two-year filing deadline on your calendar.
  5. Ask your lawyer at each stage what comes next and roughly when.

Related guides: How Much Does a Personal Injury Lawyer Cost in Florida? and Personal Injury Claims in Miami: Florida Rules for 2026.

Frequently asked questions

How long does a personal injury settlement take in Florida?

There is no set period. Clear claims with finished treatment can settle in months; cases that need a lawsuit usually take longer, and Florida courts aim to finish jury cases within 18 months of service.

Can I settle before I finish treatment?

You can, but once you settle you normally cannot claim more later, even if the injury turns out worse. Most lawyers advise waiting until your condition is stable.

Does filing a lawsuit mean my case will go to trial?

No. Most lawsuits settle before trial, frequently at mediation, which Florida courts commonly require.

What is the deadline to sue after a car accident in Florida?

Two years from the date of the crash for negligence claims that arose on or after March 24, 2023.

How long does it take to get paid after a settlement?

There is no fixed period. The money is distributed after liens are resolved and you sign the closing statement; unresolved liens are the most common cause of delay.

How long do I have if the government caused my injury?

You must give written notice within 3 years (2 years for wrongful death), wait up to 6 months for a decision, and sue within 4 years in most cases. Recovery is limited to $200,000 per person unless the Legislature approves more.

Why is the insurer taking so long?

Usually because records are missing, treatment is ongoing or fault is disputed. If the delay is unreasonable, your lawyer can file a civil remedy notice, which gives the insurer 60 days to act.

Can an appeal delay my money?

Yes. Either side can appeal within 30 days of the judgment, and an appeal can take many months to decide.

Does a lawyer make the case faster or slower?

Not necessarily either. A lawyer may wait until treatment ends to avoid settling too low, but can also move a stalled claim with formal demands, a lawsuit or a civil remedy notice.

Sources

LexRanked guides are general information, not legal advice.

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