Personal Injury Lawyers
Palm Beach Gardens & Palm Beach County, FL

How To File a Personal Injury Lawsuit in Florida

Learn the process step by step with Attorney Casey D. Shomo

If you have been injured in an accident in Palm Beach County or anywhere in Florida due to someone else’s negligent actions, you may be considering filing a personal injury lawsuit to seek compensation for your damages. It may seem like an easy choice to decide to take legal action, but then what? How do you even begin to file a personal injury lawsuit in Florida?

On this page, we’ll guide you through the process step by step, to better your understanding. From gathering evidence to navigating legal procedures, we’ll cover everything you need to know. However, even with this guide, the lawsuit process can be challenging. Fortunately, you can contact The Law Offices of Casey D. Shomo, P.A. in Palm Beach Gardens directly to seek representation from an experienced personal injury lawyer who knows civil tort law in Florida. With Mr. Shomo and his dedicated legal team by your side, you can confidently take the necessary steps to pursue fair compensation for your injuries.

Gather Evidence

This step involves collecting various pieces of information and documentation related to your injury. This includes gathering witness statements, taking photos or videos of the accident scene, obtaining police reports, and any other relevant evidence. Gathering evidence is crucial as it helps establish the facts surrounding your case and provides support for your claims. One of your attorney’s most important responsibilities is to thoroughly investigate the case on your behalf.

Obtain Medical Records

Seeking medical attention and obtaining detailed medical records is essential to document the extent and severity of your injuries. Medical records serve as concrete evidence of your injuries and their impact on your health and well-being. They also provide valuable insight into the treatment you received and any ongoing medical care you may require.

Send a Demand Letter

The demand letter is a formal communication sent to the at-fault party or their insurance company outlining your claims and the compensation you are seeking. This letter summarizes the details of the accident, the extent of your injuries, and the financial losses you have incurred. Setting a deadline in the demand letter prompts the other party to respond promptly and initiates negotiations for a potential settlement.

The Lawsuit Process

If the other side doesn’t pay up upon receiving the demand letter, you are ready to start the process of actually filing a lawsuit, which may include:

  • File a petition: Filing a petition with the court officially initiates the legal process and formally notifies the at-fault party of your intent to pursue legal action. The petition outlines the details of your claims and the relief or compensation you are seeking. Filing a petition is a crucial step as it establishes the legal basis for your case and sets the stage for further proceedings.
  • Defendant’s response: After receiving the petition, the defendant has a specified period to respond, typically within a certain number of days or weeks. The defendant’s response allows them to address the allegations and claims made against them. It also provides an opportunity for the defendant to present their side of the story and potentially negotiate a resolution outside of court.
  • Discovery stage: The discovery stage is a pre-trial phase where both parties exchange information and evidence relevant to the case. This stage allows each side to gather evidence, interview witnesses, and obtain documents to support their respective claims. Discovery is essential as it helps uncover facts and evidence that may be crucial to the outcome of the case.
  • Trial date: Setting a trial date establishes a timeline for the case to proceed to trial. It ensures that both parties are prepared and allows for efficient scheduling of court proceedings. Having a trial date provides clarity and structure to the legal process and helps move the case forward towards resolution.
  • Jury selection: Jury selection is a critical step in the trial process, where a panel of impartial jurors is chosen to hear the case. During jury selection, both parties can question potential jurors to ensure they can render a fair and unbiased verdict. Selecting a jury that is representative and impartial is essential to ensuring a fair trial.
  • Trial proceedings: The trial proceedings involve presenting evidence, witnesses, and arguments to the judge or jury. Both parties can present their case and cross-examine witnesses to support their arguments. Trial proceedings are conducted according to established legal procedures and rules of evidence, ensuring a fair and impartial trial.
  • Jury verdict: At the conclusion of the trial, the jury deliberates and renders a verdict based on the evidence presented during the trial. The jury verdict determines whether the defendant is liable for your injuries and, if so, the number of damages they must pay. The jury verdict is the final outcome of the trial and is binding on both parties.

Note that a settlement can be reached at any stage in the process, even during trial. Ultimately, most cases before getting to a judge and jury, even after a lawsuit is filed. However, filing a lawsuit keeps your options open and puts pressure on the insurance company to offer a fair settlement.


After the trial concludes and a verdict is reached, the legal process may continue if either party decides to appeal the court’s decision. An appeal involves requesting a higher court to review the trial court’s decision for legal errors or other irregularities. During the appeals process, both parties submit written briefs and may argue their case before a panel of appellate judges. The appellate court then reviews the trial record and legal arguments presented by both sides before rendering a decision. Appeals can be complicated and prolong the legal process.

Get help from a personal injury lawyer in Florida you can count on

It’s important to note that there is a time limit, known as the statute of limitations, for filing a personal injury lawsuit in Florida, typically two years from the date of the injury. This means that if you fail to file your lawsuit within this time frame, you may lose your right to pursue legal action and seek compensation for your injuries. It is essential to act fast and consult with a personal injury lawyer to ensure that your rights are protected and that you take the necessary steps within the applicable timeframe to pursue your claim.

At The Law Offices of Casey D. Shomo, P.A., based in Palm Beach Gardens, we prioritize open and transparent communication with our clients at every step of the legal journey. Our firm believes it’s important to have a mutual understanding between the lawyer and client of your personal injury case. We understand that navigating a personal injury lawsuit can be overwhelming, which is why we are committed to guiding you through the process with compassion, empathy, and expertise.

If you have been injured due to someone else’s negligence, contact us today to schedule a free consultation. Together, we’ll work toward achieving the justice and financial compensation you deserve.

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