Paul Catania | November 3, 2025 | Personal Injury
After an accident, many people worry about mounting bills, disrupted routines, and how long the legal process will take. One of the first questions we hear is, “How long does it take to file a lawsuit in Florida?”
The truth is that filing the initial paperwork is usually quick, often taking just a day once the details are ready. What takes far longer is the overall process; from the first consultation to potential settlement or trial, personal injury cases can last many months or even several years. On average, most claims are resolved within one to three years, though the timeline depends heavily on how complex the case is, the court’s calendar, and whether both sides are willing to negotiate. Many cases settle well before reaching trial.
At Catania and Catania, we know how stressful it is to face pain, medical bills, and unanswered questions after an accident. That’s why we guide clients in Florida with clarity and compassion while fighting to move their cases forward.
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call us (813) 547-6434The Initial Filing Process
Every lawsuit begins with a complaint; this document lays out what happened, who is at fault, and why damages are being sought. Preparing it requires careful detail, but once it’s ready, filing with the court is fast. In most situations, the complaint can be filed in a single day.
After filing, the defendant must be officially served. In Florida, they typically have 20 days to respond. Once that answer is filed, the court assigns a case number, and the matter formally enters the system. The civil case flowchart provided by the U.S. District Court for the Middle District of Florida shows just how many steps follow, from pleadings to motions, discovery, and trial.
What Influences the Total Timeline?
While filing is straightforward, the path that follows is less predictable. Clients often want to know, “How long does it take to file a lawsuit in Florida and see it through?” Several factors affect the answer:
- Case complexity: A car accident with minor injuries will move faster than a medical malpractice case requiring expert testimony.
- Court schedules: Busy dockets in Florida courts can push hearings and trial dates back.
- Negotiations: When both sides are willing to talk, cases resolve sooner. If not, disputes drag out the process.
- Appeals: Even after a verdict, the losing party can extend the case by appealing.
According to Enjuris, most personal injury cases nationwide wrap up within one to three years, and the majority settle before trial. This broad range explains why it’s important to evaluate each case individually and set realistic expectations from the start.
Starting the case
Once the defendant answers the complaint, the real work begins. Attorneys may file early motions, asking the court to dismiss certain claims or clarify issues. Judges in Florida often schedule pre-trial conferences at this stage to map out a timeline for discovery and encourage both sides to consider mediation.
For some clients, this is the first glimpse of how much patience the process requires. A straightforward auto accident might move quickly, while a complex product liability claim can take months just to organize evidence and expert witnesses.
Discovery process
Discovery is often the lengthiest part of a personal injury lawsuit. During this phase, both sides exchange evidence, conduct depositions, and review documents. Under the Florida Rules of Civil Procedure, both parties must provide certain disclosures without waiting for formal requests. This rule is designed to speed up the process, though in practice, discovery is often the most time-consuming phase.
It’s also the stage that makes many clients ask again, “how long does it take to file a lawsuit and actually get through the system?” Because while the filing itself is quick, discovery can stretch for months or even more than a year depending on how much evidence and expert review is needed.
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Court motions
As discovery unfolds, disputes often land back in front of the judge. Motions are the tools attorneys use to shape the case. Some of the most common include:
- Motions to dismiss: Asking the court to throw out the case or certain claims.
- Motions for summary judgment: Requesting a ruling without trial when key facts aren’t disputed.
- Motions to compel: Forcing the other side to hand over documents or evidence.
Some motions resolve quickly, while others require hearings, detailed briefs, and written orders. A favorable ruling can shorten the case by narrowing the issues, but contested motions can add weeks or months to the timeline.
Attempt settlement
Most lawsuits never make it to trial because settlement talks can happen at any point, but mediation is often scheduled once discovery ends. At mediation, both sides sit down with a neutral mediator to see if a compromise is possible.
Settling can be a huge relief, and it saves time, cuts costs, and gives clients certainty without the risks of trial. For many families, it also avoids reliving painful events in court. National data shows most personal injury lawsuits resolve this way, which is why negotiation is often a central part of the strategy.
Go to trial
When settlement isn’t possible, the case heads to trial. Trials in Florida can last days or weeks, but preparation starts months in advance. Attorneys craft arguments, line up witnesses, and prepare exhibits, while clients wait for their day in court.
During the trial, both sides present evidence before a judge or jury. A verdict may feel like the finish line, but the story isn’t always over. Post-trial motions or appeals can add more time. For those asking, “How long does it take to file a lawsuit and win at trial?” the answer is that the trial is often the longest and most unpredictable part of the process.
Contact Our Florida Personal Injury Lawyers Today
At Catania and Catania, we know that wondering “how long does it take to file a lawsuit” only adds to the stress of an already difficult time. Filing may be quick, but what follows can feel daunting without the right legal team by your side.
We’ve helped many Florida injury victims, guiding them through each stage and fighting for the compensation they deserve. Call us at (813) 222-8656 to get clear answers and strong representation.
Paul B. Catania
With more than 30 years of experience, Paul specializes in personal injury cases, auto accidents, wrongful death, and medical malpractice. As a co-founder of Catania & Catania, alongside his brother, he earned his Bachelor of Arts degree from the University of South Florida and his Juris Doctor from Stetson University.
Licensed to practice in all Florida courts, including the Florida Supreme Court and federal courts, this Tampa attorney is committed to advocating for justice in the community. As seen in the AV Preeminent award.
