Loune-Djenia Askew, Esq.
Oct 3, 2025
If you’ve been hurt in an accident in Florida, the legal process for recovering compensation can feel overwhelming. From getting the right medical care to negotiating with insurance companies and, if necessary, going to court, each step is important. Understanding how the process works can help you protect your rights and increase your chances of receiving fair compensation.
If you’ve been hurt in an accident in Florida, the legal process for recovering compensation can feel overwhelming. From getting the right medical care to negotiating with insurance companies and, if necessary, going to court, each step is important. Understanding how the process works can help you protect your rights and increase your chances of receiving fair compensation.
Below is a step-by-step look at how personal injury cases typically move forward in Florida.
1. Seek Immediate Medical Care
Your health should always come first. After an accident, visit a doctor as soon as possible. Not only is this critical for your recovery, but it also creates a medical record linking your injuries to the accident.
Keep copies of medical reports, prescriptions, and bills.
Follow all treatment instructions, including therapy and follow-up appointments.
👉 Why it matters: Delaying treatment may give insurance companies a reason to argue that your injuries were not serious or not related to the accident.
2. Collect and Preserve Evidence
Evidence is the foundation of any strong personal injury claim.
Take photos of the accident scene, your injuries, and any property damage.
Obtain the police report and witness information.
Save receipts for medical care, repairs, and other accident-related costs.
👉 Why it matters: Well-documented evidence makes it easier to prove your claim and increases the likelihood of a fair settlement.
3. Consult a Personal Injury Attorney
While you’re allowed to handle a claim on your own, having an experienced attorney on your side often makes a big difference.
Your lawyer will handle communication with the insurance company.
They’ll calculate the full value of your damages, including medical expenses, lost income, and pain and suffering.
They’ll ensure you meet all deadlines and avoid costly mistakes.
👉 Why it matters: The sooner you speak with an attorney, the better prepared you’ll be to pursue compensation.
4. File an Insurance Claim
Most cases begin with a claim against the at-fault party’s insurance company.
Submit supporting documents such as police reports and medical records.
Expect the insurance adjuster to ask questions and make an initial settlement offer.
Work with your attorney to review any offers carefully.
👉 Why it matters: Initial offers are often low. Having an attorney negotiate can help you recover the full value of your claim.
5. Negotiate a Settlement
The majority of personal injury cases are resolved without going to court.
Your attorney presents evidence to the insurance company.
Both sides negotiate until they reach an agreement.
👉 Why it matters: Settlements are typically faster, less stressful, and more predictable than going to trial. However, never accept an offer without first consulting your attorney.
6. File a Lawsuit if Negotiations Stall
If the insurance company refuses to offer fair compensation, your attorney can file a lawsuit.
The lawsuit begins with a formal complaint outlining your damages.
Both sides then move into discovery, where they exchange evidence and conduct depositions.
👉 Why it matters: Filing a lawsuit shows that you are serious about pursuing your claim, which may also push the other side to settle.
7. Mediation or Alternative Dispute Resolution (ADR)
In Florida, many courts require parties to attempt mediation before trial.
A neutral mediator works with both sides to reach an agreement.
Mediation is less formal than trial and can often resolve cases faster.
👉 Why it matters: Even if mediation doesn’t succeed, it can help clarify the issues and sometimes narrow the dispute.
8. Going to Trial
If mediation does not work, the case proceeds to trial.
Both sides present evidence, call witnesses, and make arguments.
A judge or jury will decide who is at fault and what compensation you are entitled to.
👉 Why it matters: Trials can take time, but they provide the opportunity to pursue full and fair compensation when settlement is not possible.
Additional Considerations in Florida
Statute of Limitations: You generally have two years from the date of the accident to file a personal injury lawsuit in Florida. Missing this deadline usually means losing your right to compensation.
Comparative Negligence: Florida follows a modified comparative negligence rule. If you’re partly at fault for the accident, your compensation will be reduced by your percentage of fault. However, you can still recover damages as long as you are less than 51% responsible.
Strength of Evidence: Clear medical records, photos, and witness testimony often make the difference between winning and losing a case.
Final Thoughts
The personal injury lawsuit process in Florida may seem complex, but each step is designed to protect your rights and ensure fair compensation. By seeking medical care, documenting your case, and working with an experienced attorney, you can navigate the system more effectively.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.