How Long Does a Civil Lawsuit Take in Florida?

There’s no set length for how long a civil lawsuit takes in Florida.

Most Florida civil lawsuits take several months to a few years. Different factors determine their length before their conclusion. This includes the type of case, its complexity, witnesses and injury severity. A plethora of evidence or lack thereof also dictates how long a lawsuit takes. Some cases end earlier because they’re clear-cut.

Stages of a Civil Lawsuit in Florida

Florida civil lawsuits have various stages. They include pre-suit investigation, settlement negotiations, discovery phase, pre-trial motions, trial proceedings, post-trial motions and the appeals process.

Pre-Suit Investigation

According to Florida Statute 766.203, the pre-suit investigation occurs before the filing of a civil lawsuit. Its purpose is to ensure the plaintiff has cause to file. An investigation is performed to determine whether the defendant was negligent.

Settlement Negotiations

After damages are established and an investigation has been done, settlement negotiations can begin. According to Florida Statute 90.408, this phase involves presenting evidence to compromise a fair amount to conclude the case.

Discovery Phase

If a settlement isn’t reached in a civil case, it moves to the discovery phase. This lets the parties share information that may still be unknown. Discovery serves to prevent surprises once the case moves to trial. The parties can also send questions to one another, known as interrogatories, and depose each other or witnesses.

Pre-trial Motions

Pre-trial motions may occur after discovery. This can include motions to dismiss, suppress or exclude, discovery or severance motion. A defendant may request a dismissal if they believe the claim is invalid. Suppression of evidence applies in certain situations such as when illegally obtained. A severance motion can be requested if the defendant is linked with others and believes they cannot have a fair trial due to that association.

Trial Proceedings

During the trial, the plaintiff’s attorney presents their case before a judge and sometimes, a jury. A court reporter takes record of everything said during the process while the deputy clerk of court takes record of all parties who testify. The latter also takes records of all evidence presented.

The defense attorney can object to anything they consider unfair or prejudiced against their client. They may also question witnesses, called cross-examination. The judge can sustain or overrule any objections.

After all evidence is presented and witnesses have testified and been cross-examined, each party gives their closing argument. If there’s a jury, they will deliberate to determine an outcome in the case. If there is no jury, the judge decides the outcome.

Post-trial Motions

After the proceedings, the next phase may be post-trial motions. The most common are motions to set aside the verdict, dismiss and for a new trial.

Appeal Process

According to Florida Statute 51.011, an appeal must be filed within 30 days of a civil judgment with the court that hears the original case. There must be a transcript of the case and a written brief explaining why the decision was wrong.

Typical Timeline for Each Stage in Florida

In Florida, there is a typical timeline for each stage of a civil lawsuit. They include the pre-suit, discovery and trial timelines.

Pre-suit Timeline

During the pre-suit period, the plaintiff’s attorney sends a demand letter to the defense lawyer. This explains the case and requests a settlement, which may result in negotiations if a resolution is not met. If the case involves medical malpractice, the plaintiff must wait 90 days for a response before filing a lawsuit.

Discovery Timeline

According to Florida Statute 45.075, discovery must be completed within 60 days of a court order to expedite a trial stipulation. Interrogatories and requests must be presented 10 days after, and responses must be sent within 20 days. The court then determines deposition requirements.

Trial Timeline

If a civil case goes to trial in Florida, it occurs before a judge, jury or both. Depending on the type of claim and whether there’s a jury, it can take anywhere from 12 to 18 months before a final deposition occurs.

Factors Influencing Timelines in Florida

Certain factors influence timelines in Florida. They include case complexities, extent of injuries, insurance negotiations and party responsiveness.

Case Complexity

Some civil cases are simple and conclude early. Those that are more complex can take longer to finish.

Extent of Injuries

The nature of the plaintiff’s injuries dictates the timeline of a civil case. If the harm is severe and they have ample evidence, it can lead to a quicker resolution.

Insurance Negotiations

Compensation in some civil cases comes from an insurance company. If the plaintiff’s attorney can successfully negotiate a settlement with an adjuster, it shortens the matter’s timeline. The opposite is true if the insurer refuses to accept an offer, and the case goes to trial.

Party Responsiveness

Party responsiveness can determine the length of a case. If the plaintiff files a claim and the defendant responds timely, it may be resolved sooner. However, the case can drag if the other party takes longer to respond or refuses to.

Frequently Asked Questions

 

How Long Does it Take to Settle a Lawsuit in Florida?

A lawsuit in Florida can take several months to years to settle.

What Happens if You Don’t Pay a Civil Lawsuit Florida?

If a person doesn’t pay in a Florida lawsuit, they can be found in contempt by the court. There may be a default judgment, wage garnishment or other actions to collect.

How Does a Civil Lawsuit Work in Florida?

A civil lawsuit in Florida involves filing a complaint, the defendant’s response, discovery, pre-trial motions and a settlement. If the case doesn’t settle, a trial occurs.

At What Stage Do Most Civil Cases Settle?

Most civil cases settle in the pre-trial phase.

What Are the Stages of an Injury Claim?

The stages of an injury claim include filing the complaint, investigations, demand letter, negotiations and settlement. If a settlement doesn’t occur, the case goes to trial.

Who Pays for Compensation Claims?

Insurance companies usually pay for compensation claims.

What Percentage of Personal Injury Cases Go to Trial in Florida?

Between 3% and 5% of personal injury cases go to trial in Florida.

How Long Does it Take to File a Lawsuit in Florida?

In Florida, it can take a few months to a year to file a lawsuit based on the factors in the case.

Will My Case Go to Court in Florida?

Your case goes to court in Florida if it doesn’t settle early.