How long does a personal injury case take in Florida?

How long does a personal injury case take in Florida?

A Florida injury claim that settles without a lawsuit can end once your treatment is done and you and the insurer agree in writing. If a lawsuit is filed, Florida's court rules set 18 months as a reasonable time to finish a jury case, counted from serving the last defendant or 120 days after filing, whichever comes first.

"Serving" means formally delivering the lawsuit papers to the person or business being sued. The 18 months is a goal for the courts, not a promise for any one case. The rule calls it "presumptively reasonable," says "most cases should be completed" within it, and recognizes that some cases cause reasonable delays because they are complex.

For more on Florida crash claims, see car accident lawyers in Melbourne.

What Florida law says about how long a case takes

Insurance details: 30 days

Section 627.4137(1), Florida Statutes, requires each insurer that does or may provide liability coverage for a claim to give a sworn statement "within 30 days of the written request of the claimant." For each known policy, including excess or umbrella policies, it lists the insurer's name, each insured's name, the liability limits, any coverage defense the insurer reasonably believes it has, and a copy of the policy.

The lawsuit and the court's plan

Under Florida Rule of Civil Procedure 1.050, a case is "deemed commenced when the complaint or petition is filed." A complaint is the paper that starts a lawsuit. Under Rule 1.200, in most civil cases, the court must assign the case to a "streamlined, general, or complex" track no later than 120 days after it begins, based on "the amount of judicial attention required for resolution," not on how much money is involved.

For streamlined and general cases, the court must also issue a case management order within those 120 days, with a projected or actual trial period and deadlines for steps such as discovery (the exchange of information and evidence) and finishing alternative dispute resolution, for example mediation. Those deadlines "must be strictly enforced unless changed by court order." The Florida Supreme Court's changes to Rule 1.200 and other case management rules took effect January 1, 2025, and apply, with some exceptions, to cases pending then.

The 18-month time standard

Florida Rule of General Practice and Judicial Administration 2.250 sets "a presumptively reasonable time period for the completion of cases": 18 months for civil jury cases, 12 months for non-jury cases, and 30 months for complex cases. Each is counted from service on the last defendant or 120 days after the case begins, whichever comes first, to final disposition (the end of the case), not counting time on inactive status.

Brevard County's case tracks

Brevard and Seminole Counties make up Florida's Eighteenth Judicial Circuit, where Administrative Order 25-08 governs civil cases filed on or after February 1, 2025, with listed exceptions. Circuit civil jury cases on the general track are "on track for disposition 18 months after the expiration of the time to perfect service of process," meaning after the 120 days allowed to serve the lawsuit papers. A trial order comes 120 days before the projected trial date, and either side may file a motion for trial if it decides the case is ready sooner.

Payment after a settlement: 20 days

Under section 627.4265, Florida Statutes, once a person and an insurer "have agreed in writing to the settlement of a claim," the insurer must pay "no later than 20 days after such settlement is reached," or by another date the agreement sets, and it may first require a release that both sides agree to. A late payment carries interest of "12 percent per year" from the date of the agreement, or, when a release is required, from when the signed release is given to the insurer.

Your lawyer's duty to pay you promptly

Under Rule Regulating The Florida Bar 5-1.1, a lawyer who receives money that a client or another person has an interest in must "promptly notify" them and, except as the rule, the law or an agreement with the client allows, "promptly deliver" what they are entitled to receive, with a full accounting if asked. When two or more people, which can include the lawyer, claim an interest, all of it is trust money; if the lawyer's or law firm's own share is disputed, that part is kept separate until the dispute is resolved, and every undisputed part must be paid out promptly.

How long will my settlement or lawsuit take?

These general examples are not a prediction for your case.

When a claim settles without a lawsuit

A claim that settles without a lawsuit often moves through steps like these: you get medical treatment, your records and bills are gathered, and a written demand goes to the insurer, followed by talks. How long this takes often depends on how long your treatment lasts and how the talks go.

Say you fell in a store and the business's insurer handles the claim. A written request to that insurer starts its 30 days to send a sworn statement of its coverage. For more on these claims, see premises liability lawyers in Melbourne.

When fault is in dispute

If the insurer disputes who caused the accident, talks can take longer. To learn how shared fault works, see What if I was partly at fault for my accident in Florida?

When a lawsuit is filed

Once the complaint is filed, a streamlined or general case gets a case management order that sets the deadlines, including one to finish alternative dispute resolution such as mediation. Settlement talks can go on while a lawsuit is pending, so a case can end before trial.

What else do people ask about case timing?

How long after a settlement do you get paid?

There are two steps. First, once you and the insurer agree in writing, the insurer must pay within 20 days unless the agreement sets another date, and it may first require a signed release that both sides agree to. Second, if your lawyer receives the money, Bar rules require the lawyer to promptly deliver what you are entitled to receive, except as the rule, the law or your agreement with the lawyer allows, and to promptly pay out every part that is not in dispute.

Why is my personal injury case taking so long?

Treatment may still be going on, so the full cost of your injury may not be known yet. The insurer's coverage information may not have come in. A lawsuit runs on the court's case management deadlines. Ask your lawyer what step your case is on.

Can my medical bills be paid before my case ends?

After a car crash, PIP (personal injury protection) has its own clock. Generally, PIP benefits are overdue if the insurer does not pay them within 30 days after it receives written notice of a covered loss and its amount, but payment is not overdue if the insurer has reasonable proof that it is not responsible for the payment. Other parts of section 627.736, Florida Statutes, can pause or extend the 30 days in some situations. Learn more in Can I sue the other driver after a Florida car accident if I have PIP?

Does a claim against the government take longer?

It can, because there is a step before you can sue. Under section 768.28, Florida Statutes, you must present the claim in writing to the agency, and also to the Department of Financial Services unless the claim is against a city, county or the Florida Space Authority, within 3 years after the claim arises, and the claim must be denied in writing. A wrongful death claim must be presented in writing to the Department of Financial Services within 2 years after the claim arises. If there is no final decision within 6 months after the claim is filed, or 90 days for medical malpractice and wrongful death claims, the claim is treated as denied. Learn more in Can I sue the city, county or a government driver in Florida?

What can you do now to keep your case moving?

• Get medical care and follow your treatment plan.
• Keep every medical record, bill and receipt, and note who paid each one, such as health insurance, Medicaid, Medicare or PIP.
• Keep the crash or incident report, photos, witness names and every insurer letter.
• Ask insurers for things in writing.

Your deadline to file a lawsuit

Under section 95.11, Florida Statutes, a lawsuit for an injury caused by negligence (carelessness) must be filed within two years. That two-year rule applies only to claims that arose after the 2023 change took effect on March 24, 2023, and under section 768.28 a negligence lawsuit against a state or local government agency must be filed within 4 years after the claim arises, except that medical malpractice and wrongful death claims follow the deadlines in section 95.11(5). Learn more in How long do I have to file a personal injury claim in Florida?

Talk to a Melbourne injury lawyer about your case

Douglas R. Beam, P.A. is a personal injury law firm in Melbourne, Florida. If you have questions about where your case stands or what comes next, you can talk with us in a free consultation.

Call us at (321) 723-6591 or send us a message through our website. Our office is at 25 West New Haven Avenue, Suite C, Melbourne, FL 32901.

Sources

• Section 627.4137, Florida Statutes (2026)
• Section 627.4265, Florida Statutes (2026)
• Section 627.736, Florida Statutes (2026)
• Section 768.28, Florida Statutes (2026)
• Section 95.11, Florida Statutes (2026)
• Chapter 2023-15, Laws of Florida
• Florida Rules of Civil Procedure 1.050 and 1.200
• Florida Rule of General Practice and Judicial Administration 2.250
• Florida Supreme Court, In re Amendments to Florida Rules of Civil Procedure (Dec. 5, 2024)
• Eighteenth Judicial Circuit Administrative Order 25-08
• Rule Regulating The Florida Bar 5-1.1