The Steps of a Personal Injury Lawsuit in Florida

Attorney with client, discussing personal injury lawsuit.

Personal injury lawsuits in Florida are complicated. Therefore, it is important to seek the help of a Florida personal injury attorney prior to filing a personal injury lawsuit in Florida. In addition, if you’ve suffered injuries in an accident in Florida, you should understand the steps of a Florida personal injury lawsuit. Below is an overview of the personal injury lawsuit process in Florida.  

The Demand Letter

Most personal injury lawsuits in Florida begin with a demand letter. A demand letter is a formal letter that the plaintiff in a personal injury case sends to the defendant’s insurance company. This letter typically outlines the cause of the plaintiff’s injury, the medical treatments required to remedy the plaintiff’s injury, a description of the plaintiff’s pain and suffering, and the monetary losses suffered by the plaintiff. If the defendant’s insurance company agrees to pay a fair settlement amount, then the case proceeds no further. However, if the defendant’s insurance company denies the claim or makes a low settlement offer, the lawsuit proceeds to the next step.

The Complaint

The complaint is a document that an injured party files with the court to initiate the lawsuit. The complaint includes all of the information outlined in the demand letter and requests that the court render a judgment for a specific monetary amount.


After the plaintiff’s Florida personal injury attorney files the complaint, the discovery process begins. During discovery, the parties request information from one another that is relevant to the case. Common types of personal injury claim evidence include

  • medical bills,
  • photographs,
  • videos,
  • insurance claims,
  • police reports, and
  • work information.


Very few personal injury cases actually go to trial. Therefore, it isn’t uncommon for the parties to settle at some point during the personal injury lawsuit process. A settlement occurs when both parties agree on a settlement amount. However, if the parties can’t reach a settlement, the case proceeds to trial. 


During trial, the plaintiff and defendant both present evidence and arguments to the judge or jury. It is during this stage of the process that the plaintiff’s attorney attempts to demonstrate that the defendant breached his or her duty of care to the plaintiff.  Following each party’s closing argument, the judge or jury renders a verdict in the case. If the court finds that the defendant is at fault for the plaintiff’s injury, it will require the defendant to financially compensate the plaintiff for his or her injury.

Contact a Pensacola Personal Injury Attorney 

If you’ve been injured in an accident in Florida, you need a Florida personal injury attorney in your corner. At Staples, Ellis + Associates, P.A., our experienced and knowledgeable personal injury attorneys have over seventy years of combined experience representing accident victims in personal injury cases. When you choose us to handle your Florida personal injury case, you can rest assured that your Florida personal injury claim will be handled diligently and professionally. Please contact us today to schedule a consultation.

Posted in: Personal Injury