Personal Injury Claim Process in Florida
At Reese Legal, we guide injured individuals throughout Florida through the personal injury claim process. When someone is hurt because of another person’s careless or reckless behavior, the legal process can help them recover the compensation needed to rebuild their life.
Understanding how the process works is essential to making informed decisions after an injury.
Florida law provides a path for those who suffer harm to pursue justice through a personal injury claim. Whether the injury was caused by a car crash, a fall, medical malpractice, or a defective product, the process involves several key steps.
In this article, we’ll explain how a personal injury claim moves forward, from the moment the injury occurs to the resolution of the case—either through settlement or trial.
What Triggers a Personal Injury Claim?
A personal injury claim begins when someone suffers physical, emotional, or financial harm due to another’s conduct. This conduct might involve an accident, a failure to take reasonable precautions, or even intentional actions that result in harm.
Under Florida law, personal injury claims are typically based on negligence. That means someone failed to act with the care a reasonable person would have shown under similar circumstances. When this failure causes injury, the responsible party can be held liable for the resulting damages.
As soon as an injury occurs, it’s important to start documenting what happened and gathering information that may be relevant later. The actions taken in the first few hours and days after an accident can affect how strong the claim will be.
Step-by-Step Overview of a Personal Injury Claim in Florida
While every case is different, most personal injury claims in Florida follow a general process. Below, we’ve outlined the stages clients can expect from the moment they contact our office to the conclusion of their case.
Step 1: Initial Consultation
The process usually begins with a consultation. During this meeting, we listen to what happened, ask questions, and offer legal guidance based on the facts shared. We assess whether the claim appears valid under Florida law and what steps should come next.
There’s no pressure during this first meeting. It’s a chance for injured individuals to understand their rights and ask questions about what to expect. We also discuss timelines, fees, and how evidence is handled.
Step 2: Investigation
Once we agree to move forward with a personal injury claim, we begin an investigation. This step is critical to building a strong case. We gather evidence such as police reports, witness statements, photos or videos from the scene, and medical records.
We may also consult with doctors or specialists to understand the full extent of the injuries. Medical documentation is especially important when seeking compensation for long-term treatment or permanent conditions.
Step 3: Filing the Claim
After completing the investigation, we notify the party responsible for the injury—usually through their insurance company—that a claim is being made. This includes sending a demand letter that outlines the injuries, the evidence of fault, and the amount of compensation being sought.
In many cases, the insurance company will respond with questions, requests for documents, or even a counteroffer. The back-and-forth that follows is known as settlement negotiations.
Step 4: Settlement Discussions
Many personal injury claims are resolved without going to court. Settlement negotiations can take weeks or months, depending on the severity of the injury and how much is being requested.
During these discussions, we advise our clients on whether offers are fair based on the evidence and applicable Florida law. While we’re always prepared to go to trial, we also know how to approach insurance companies with the facts needed to reach a favorable outcome outside the courtroom.
Step 5: Filing a Lawsuit (if Necessary)
If the other party refuses to make a fair offer or disputes liability altogether, we may recommend filing a lawsuit. This means taking the claim to court, where a judge or jury can decide the outcome.
Filing a lawsuit begins the litigation phase of the case. It involves written complaints, formal responses, and pre-trial discovery, during which both sides exchange evidence and take depositions. While this step can take longer, it may be the only way to secure full and fair compensation when the other side refuses to cooperate.
Step 6: Mediation or Trial
Before trial, Florida courts often require both sides to attempt mediation—a form of settlement meeting overseen by a neutral third party. Many cases settle during or after this meeting.
If mediation fails, the case proceeds to trial. There, each side presents their arguments and evidence, and a judge or jury decides whether the injured person should receive compensation and how much.
Trials can be time-consuming, but they’re sometimes necessary to get justice. We prepare every case thoroughly in case it ends up in front of a jury.
Key Components That Influence Personal Injury Claims
Several factors influence how a personal injury case unfolds and how much compensation may be awarded. Here are the key components we consider when preparing every claim:
Liability – Who is legally responsible for the injury, and can that be proven with strong evidence?
Extent of injury – How severe is the injury? Is it temporary or permanent? Does it affect the person’s ability to work or enjoy life?
Medical documentation – Are there detailed medical records that connect the injury to the event?
Lost income – Did the injury prevent the person from working? Is future earning capacity impacted?
Pain and suffering – What is the emotional and physical toll of the injury?
Comparative fault – Did the injured person share any responsibility for what happened? Under Florida’s modified comparative fault rule, compensation is reduced if the claimant was partially at fault—and barred if they were 51% or more at fault.
Insurance coverage – Does the at-fault party have enough insurance to cover the damages? Are there other sources of recovery?
Each of these components plays a role in how we build the case and advise our clients.
Time Limits for Filing a Personal Injury Claim
Under Florida law, personal injury claims must be filed within two years from the date of the injury. This is known as the statute of limitations. If a lawsuit isn’t filed by this deadline, the injured person may lose the right to recover compensation.
There are some exceptions, such as cases involving delayed discovery of harm or injury to a minor. However, these are rare, and the best course of action is to act promptly. We encourage injured individuals to contact us soon after the incident so we can preserve important evidence and meet all deadlines.
What You Can Recover in a Personal Injury Case
Florida law allows injured individuals to recover damages in several categories. These include:
Medical expenses – Including hospital bills, surgery, physical therapy, and future medical care.
Lost wages – For time missed from work due to the injury.
Reduced earning ability – If the injury limits future employment.
Property damage – If personal property was damaged during the incident.
Pain and suffering – For physical pain, emotional distress, and loss of enjoyment of life.
Out-of-pocket expenses – Such as transportation to medical appointments or modifications to the home due to disability.
In cases involving especially reckless or intentional behavior, punitive damages may also be awarded. These are meant to punish wrongdoing and deter future misconduct.
Final Thoughts
At Reese Legal, we help clients throughout Florida pursue personal injury claims with honesty and determination. We’re proud to serve Orlando, Florida, and the surrounding areas. Call today to get started.