How to File a Personal Injury Lawsuit in South Florida?

If you’ve suffered an injury due to someone else’s negligence in South Florida—whether in a car accident, slip and fall, or any other incident—filing a personal injury lawsuit may be the best way to pursue fair compensation. But navigating Florida’s legal system can be overwhelming without clear guidance.

This article outlines the key steps involved in filing a personal injury lawsuit in South Florida, your legal rights, and how hiring the right attorney can make all the difference.

What Is a Personal Injury Lawsuit?

A personal injury lawsuit is a legal claim brought by an injured person (plaintiff) against the individual, business, or entity responsible for their injury (defendant). The purpose is to recover compensation for damages, including:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Property damage

In Florida, personal injury cases are governed by negligence law, meaning you must prove the other party failed to exercise reasonable care, and that failure caused your injury.

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Step-by-Step Guide to Filing a Personal Injury Lawsuit in South Florida

1. Seek Immediate Medical Attention

Your health comes first. Seek medical treatment right away—even if your injuries seem minor. Medical records will serve as crucial evidence when building your case.

2. Consult a South Florida Personal Injury Attorney

Before filing anything with the court, consult with an experienced personal injury lawyer. A knowledgeable attorney will evaluate your case, determine whether a lawsuit is the right path, and help you gather necessary evidence.

3. Investigate and Build Your Case

Your attorney will begin an investigation, which may include:

Collecting police and accident reports
Interviewing witnesses
Reviewing medical records
Consulting with experts (if needed)
Gathering photographs and surveillance footage

This phase ensures your case is backed by solid evidence before filing.

4. Send a Demand Letter

Often, your attorney will start by sending a demand letter to the at-fault party or their insurance company. This letter outlines your injuries, damages, and a request for compensation.

If the insurer responds with a fair settlement, the case may resolve without going to court. If not, it may be time to file a formal lawsuit.

5. File a Complaint in Civil Court

To initiate a personal injury lawsuit in South Florida, your attorney will file a complaint in the appropriate Florida circuit court. This legal document names the parties involved, states your claims, and outlines the damages you seek.

The defendant will then be served with the complaint and given time to respond (usually 20 days in Florida).

6. Proceed Through the Discovery Phase

After the lawsuit is filed, both parties enter discovery, where each side exchanges information, documents, and testimonies related to the case. This phase often involves:

Written questions (interrogatories)
Depositions
Requests for documents
Expert witness evaluations

Discovery can last several months, depending on the complexity of the case.

7. Attempt Mediation or Settlement Negotiation

Before trial, both parties typically attempt to resolve the case through mediation or settlement negotiations. Many personal injury cases in South Florida settle during this phase.

Your attorney will represent your interests and work to reach a fair agreement that compensates you for your losses.

8. Go to Trial (If Needed)

If a settlement isn’t reached, your case will proceed to trial. During trial, your attorney presents your case before a judge or jury, who will determine fault and award damages if appropriate.

While trials can be unpredictable and time-consuming, a skilled attorney ensures your case is presented with clarity and strength.

Time Limits: Florida’s Statute of Limitations

In South Florida and across the state, you generally have two years from the date of the injury to file a personal injury lawsuit (as per Florida Statutes §95.11, updated in 2023). If you miss this deadline, you could lose your right to recover compensation.

However, certain exceptions exist. For instance:

If the injury involves a government agency, shorter notice deadlines apply.
In wrongful death cases, the two-year limit usually begins from the date of death.

Always speak with an attorney promptly to preserve your rights.

Do You Need an Attorney to File a Lawsuit?

While Florida law allows individuals to file a lawsuit on their own, representing yourself is rarely recommended in personal injury cases. Insurance companies have teams of lawyers on their side, and proving negligence requires legal skill, evidence, and negotiation tactics.

An experienced South Florida personal injury lawyer can:

Handle all legal filings and deadlines
Investigate your case thoroughly
Negotiate assertively with insurers
Represent you in court, if necessary

Why Choose Mark Schiffrin P.A. for Your Personal Injury Lawsuit?

At Mark Schiffrin P.A., I bring over 40 years of experience exclusively practicing personal injury law in South Florida. As a sole practitioner, I work directly with my clients—there are no case managers or junior associates between us. I do not work on contingency; instead, I offer clear, upfront legal fee structures tailored to your case and needs.

If you’ve been injured in South Florida due to someone else’s negligence and are ready to take legal action, contact me today. I’ll personally review your case and help you understand the best path forward.

Final Thoughts

Filing a personal injury lawsuit in South Florida is a significant legal step—but with the right guidance, it doesn’t have to be overwhelming. By acting quickly, gathering evidence, and working with an experienced attorney, you increase your chances of receiving the compensation you rightfully deserve.

Don’t let time or uncertainty stand in your way. Speak to a knowledgeable personal injury lawyer and protect your rights today.