Filing a personal injury claim in Florida often leads to compensation without ever stepping into a courtroom—but not always. While many cases resolve through insurance negotiations, some claims evolve into formal lawsuits. Understanding when and why that shift occurs is the key to protecting your rights and making informed decisions after an injury.

This article breaks down the timeline of a Florida injury claim, explains the triggers that push a claim into a lawsuit, and outlines what injured parties can expect from the process.

What Is the Difference Between a Claim and a Lawsuit?

A claim is typically the first step after an injury. It involves seeking compensation through an insurance company—either your own or the at-fault party’s. This informal process often includes gathering medical records, proving damages, and negotiating a settlement.

A lawsuit, on the other hand, is a formal legal action filed in civil court. When parties can’t agree on liability or compensation, a plaintiff may file a lawsuit to have a judge or jury resolve the dispute.

In Florida, many claims never escalate to lawsuits. But when negotiations break down, filing a lawsuit becomes the next logical step to seek full compensation.

When Does a Claim Become a Lawsuit in Florida?

A claim can turn into a lawsuit under several circumstances. Here’s when that transition typically happens:

1. The Statute of Limitations Is Approaching

Florida law sets a time limit for filing personal injury lawsuits. As of 2023, the statute of limitations for most negligence-based personal injury cases in Florida is two years from the date of the incident (previously four years before the 2023 tort reform law took effect).

If negotiations drag on and the deadline is approaching, attorneys often file a lawsuit to preserve the right to pursue compensation in court. Waiting too long can result in losing the ability to recover damages entirely.

2. The Insurance Company Denies the Claim

If the insurer rejects the claim outright or disputes liability, filing a lawsuit may be necessary. Common reasons for denial include:

• Lack of medical evidence
• Disagreement over who was at fault
• Policy exclusions
• Alleged contributory negligence by the claimant

Once a claim is denied, the injured party must decide whether to accept that outcome or take legal action to challenge it in court.

3. Settlement Negotiations Stall

Even when liability is clear, insurance companies sometimes offer settlements far below what a claimant needs to cover medical bills, lost wages, and other damages. If negotiations fail to produce a fair offer, a lawsuit may be the only option left.

In many cases, the threat of a lawsuit is enough to reinitiate productive settlement talks. However, some cases do proceed to litigation if the insurer refuses to negotiate in good faith.

4. The Injured Party Has Significant or Long-Term Damages

Serious injuries often result in higher-value claims, which insurers are more likely to contest. If your case involves:

• Permanent disability
• Loss of earning capacity
• Ongoing medical treatment
• Emotional distress or mental trauma

…it’s more likely that a lawsuit will be needed to recover the full extent of your damages. The larger the claim, the more resistance you can expect from the insurer.

5. Disputes Arise Over Fault or Comparative Negligence

Florida follows a modified comparative negligence system as of March 2023. If a plaintiff is found to be more than 50% at fault, they cannot recover any damages.

Insurers may use this rule to reduce or eliminate payouts by placing the majority of the blame on the injured party. If you disagree with that assessment, filing a lawsuit may be necessary to present your side of the story with legal backing and expert testimony.

Steps After a Lawsuit Is Filed in Florida

Once a lawsuit is filed, the case enters the civil litigation process. Here’s what typically follows:

• Complaint and Answer: The injured party (plaintiff) files a complaint, and the defendant has 20 days to respond.
• Discovery: Both sides exchange evidence, such as depositions, documents, and medical records.
• Motions: Either side may request the court to rule on certain aspects of the case before trial.
• Settlement Talks or Mediation: Even after a lawsuit is filed, parties often continue to negotiate or participate in court-ordered mediation.
• Trial: If no agreement is reached, the case proceeds to trial where a judge or jury decides the outcome.

While most lawsuits still settle before trial, the litigation process provides leverage and transparency that informal claims often lack.

Why Having an Attorney Matters

Navigating a personal injury claim without legal support can put you at a disadvantage—especially once a claim becomes a lawsuit. An experienced attorney can:

• Identify when litigation is necessary
• Preserve evidence before it’s lost
• File the lawsuit within legal deadlines
• Communicate with opposing counsel and the court
• Maximize your potential settlement or court award

According to a 2017 study by the Insurance Research Council, injury thise that were injure and represented by attorneys received settlements that are 3.5 times higher on average than those who represent themselves.

Conclusion

In Florida, a personal injury claim becomes a lawsuit when informal negotiations fail, the statute of limitations looms, or liability is disputed. Recognizing this transition point is vital to preserving your legal rights and securing fair compensation.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Florida personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve. 

Contact us now for a free legal review.