There is no single timetable for resolving a personal injury case in Florida. The available insurance, disagreements about responsibility and the course of medical treatment can all affect how long the process takes.
In the video above, Scott Marshall of Marshall Injury Attorneys explains the factors he considers when discussing a likely timeline with a client.
Some cases resolve quickly, while others take much longer
Scott describes cases that have resolved in about three months and an unusual case that reached his first jury trial years after the lawsuit was filed, following extensive proceedings and appeals.
He describes one to two years as a common range in his experience. That is not a statewide average or a promise about how long another person’s claim will take.
The useful question is what needs to happen in your particular case before it can be evaluated and resolved.
Available insurance can affect the timeline
Scott identifies insurance coverage as one important factor. When available limits are clearly insufficient to cover a supported claim, it may sometimes be possible to resolve that claim relatively quickly.
However, limited coverage does not automatically make a case simple. The available policies, the evidence and any outstanding obligations still need to be reviewed.
Scott explains that his focus includes the practical outcome for the client, rather than assuming a longer process will necessarily produce a better result.
Disputed responsibility can add steps
If the parties disagree about who caused the accident, the insurer may deny responsibility or make an offer that does not reflect the injured person’s position.
Scott explains that a lawsuit may then be necessary. Litigation introduces additional steps, potentially including written discovery, depositions, expert evidence, motions and trial scheduling.
In the video, he describes litigation as potentially adding another year or two. The actual effect varies: filing a lawsuit does not guarantee either a particular delay or a trial.
Your treatment and recovery help clarify the claim
Even when responsibility and coverage are relatively clear, Scott explains that the medical picture can drive the timeline.
Understanding the extent of an injury may require time to assess treatment progress, ongoing limitations and likely future needs. A treatment plan lasting six months presents a different picture from one continuing for a year and a half.
Your medical provider should guide treatment decisions. Care should reflect your health needs, rather than being rushed or prolonged to influence a claim.
Why future needs matter before settlement
Scott emphasizes the difficulty of evaluating a case before the likely effects of the injury are understood.
Questions may remain about additional treatment, the ability to return to work or limitations that could continue. Clarifying those issues can help your attorney assess the losses being claimed and discuss the implications of a settlement.
That does not mean every person must finish all medical care before legal action can be taken. Treatment and the legal process may need to continue at the same time.
A filing deadline is different from a resolution timeline
Scott also discusses Florida’s statute of limitations. Florida generally sets a two-year filing period for negligence actions, but the correct deadline depends on the claim, when it accrued and any applicable exceptions or special requirements.
The deadline concerns starting the lawsuit in time. It does not mean the case must settle or reach trial within two years.
Do not assume that ongoing treatment or settlement negotiations extend the filing deadline. Your attorney should identify the deadline and take any necessary action while discussions or treatment continue.
You can review the statutory time limits in Florida Statutes section 95.11.
Ask what is driving your case’s timeline
Useful questions for your attorney include:
- Is responsibility for the accident disputed?
- Have the relevant insurance policies and limits been identified?
- What medical information is still needed to evaluate the claim?
- Is a lawsuit likely to be necessary?
- What filing deadline applies, and what is the next expected step?
Scott’s central point is that each case needs an individual assessment. Understanding the reason for a delay is more useful than relying on a fixed promise about when the case will finish.
Have questions about your injury case timeline?
Marshall Injury Attorneys can discuss your circumstances and explain which factors may affect the progress of your Florida personal injury claim.
Request a free case review or call 727-772-5900.
This article summarises Scott Marshall’s video and includes additional general information about filing deadlines. It is not legal advice and does not create an attorney-client relationship. Time estimates reflect the discussion in the video and do not guarantee a result or completion date. Every case is different.
