If you’re thinking about filing an auto accident lawsuit after a car crash, you’re probably wondering how long it takes, what the steps are, and what it actually takes to win. You’re not alone. A lot of people assume lawsuits are exhausting, expensive, and rarely worth it, but the truth looks different up close. Whether you’re recovering from serious injuries or dealing with an insurance company that won’t budge, knowing what to expect can help you take back control. In this guide, we’ll walk you through the entire process. So you can decide whether going to trial is worth it, and if it is, move forward with confidence.
What Is an Auto Accident Lawsuit?
An auto accident lawsuit is a legal claim filed when someone else’s careless driving causes injuries, and their insurance won’t cover your losses. It usually begins after a failed insurance claim or a lowball settlement offer that doesn’t come close to your medical bills or lost wages.
The lawsuit allows you to hold the at-fault driver financially accountable for your medical bills, missed work, and pain. In Florida, where crashes are a daily reality, most lawsuits are based on negligence, such as speeding, distracted driving, or DUI. However, filing a lawsuit isn’t the norm in car accident cases, but it only makes sense in certain situations.
When Should You File a Car Accident Lawsuit?
Filing a lawsuit isn’t about being dramatic, but it’s what you do when the damage is real and the system falls short. Most car accident cases in Florida settle before trial, and many settle shortly after a lawsuit is filed. But to get there, you need leverage, and that often starts with taking legal action. Here’s when it makes sense to take that next step:
- The insurance company lowballs you
Let’s imagine that you’re offered $4,000 after a crash that left you with a herniated disc, ongoing neck pain, and missed work. It doesn’t come close to covering your costs, and filing a lawsuit signals you won’t just take the first number thrown at you. - They deny your claim or unfairly shift the blame
For example, you were hit while stopped at a light, but their adjuster insists you “braked too suddenly.” Filing a lawsuit forces them to back that up with evidence. - You meet Florida’s “serious injury” threshold, and it’s affecting more than just your body.
Under Florida Statutes § 627.737, you can only step outside of the no-fault system and sue for non-economic damages (like pain and suffering) if your injuries meet the state’s “serious injury” threshold. That includes:- Permanent injury
- Significant and permanent loss of a bodily function
- Permanent scarring or disfigurement
- Death.
For example, if a crash caused permanent nerve damage in your hand, making everyday tasks painful or impossible, you may qualify. And once you meet that threshold, you can also seek compensation for emotional distress tied to your physical injuries, like PTSD, panic attacks, or insomnia that leave you unable to work or drive.
- The at-fault driver had no insurance or too little coverage:
Florida drivers are required to carry only $10,000 in Personal Injury Protection (PIP), and not everyone carries bodily injury liability coverage. If the other driver has no insurance at all, or their coverage runs out before the hospital bills do, you might need to sue to recover what you’re owed.
In many cases, the first step is filing a claim under your own uninsured/underinsured motorist (UM/UIM) policy. But if your insurer denies the claim, offers too little, or delays the process, a lawsuit may be the only way to force payment or prove the extent of your damages.
For example, a spinal injury keeps you from returning to your job as a roofer, or a college athlete loses scholarship opportunities after a traumatic knee injury. Even if your medical bills are paid, the long-term career impact may require legal action to be fully compensated. - Fault Matters More Than You Think:
Since 2023, Florida has followed a legal rule called Modified Comparative Negligence. It means your percentage of fault directly affects your payout. If you’re more than 50% at fault, you’re not eligible to recover anything. - You’re meeting the end of Florida’s statute of limitations:
Florida law gives you two years from the date of the accident to file a personal injury lawsuit. In some cases, like suing a government entity, that window can be even shorter. If you miss the deadline, you lose your right to sue, no matter how strong your case is. If negotiations stall or your injuries worsen late in the process, filing before the clock runs out protects your claim. - Nobody is accepting responsibility, especially in multi-vehicle crashes:
In pileups or chain-reaction collisions, it’s common for each driver to blame someone else. While they argue over fault, your medical bills, lost wages, and repair costs don’t pause. Filing a lawsuit can force all parties to the table and trigger discovery, where evidence like traffic cam footage and expert analysis helps clarify who’s truly at fault.
If any of these situations sound familiar, it might be time to file. But once you do, what happens next, and how long does it all take? Let’s break it down.
Car Accident Lawsuit Timeline
A car accident lawsuit doesn’t move overnight, and for good reason. Each step is designed to gather facts, build your case, and give both sides a chance to resolve the issue before a judge or jury becomes involved. Here’s what the process typically looks like in Florida:
- Initial claim and medical treatment
You get medical care, document your injuries, and file a claim with the at-fault driver’s insurance. If they deny it or offer far too little, your attorney prepares to sue. - Filing the lawsuit (Complaint + Service)
Your lawyer files a formal complaint in civil court. The other driver (defendant) is served with papers and has a set number of days (usually 20 in Florida) to respond. - Discovery phase
Both sides exchange evidence. This includes interrogatories (written questions), depositions (sworn testimony), medical records, police reports, and anything else that can prove or challenge your version of events. - Motions and mediation
The court may require mediation, which is a structured negotiation with a neutral third party, intended to avoid trial. Your attorney may also file motions to admit or exclude evidence or resolve parts of the case early. - Trial preparation and courtroom proceedings
If mediation fails, the case moves toward trial. Each side prepares arguments, lines up expert witnesses, and gets ready for testimony. The trial may last a day, a week, or longer, depending on complexity. - Verdict and potential appeal
The judge or jury delivers a verdict. If you win, the defendant may appeal, or you might if the award is too low or denied entirely. Appeals can extend the process further.
Next, let’s see how may time the entire auto accident lawsuit process might take.
How Long Does a Car Accident Lawsuit Take?
From start to finish, a car accident lawsuit can take anywhere from several months to two or more years. But, in our practice, many cases, especially those with solid evidence and serious injuries, settle somewhere between filing and trial, once the insurance company realizes you’re not going away.
If the facts are clear and the injury is well-documented, the case might settle within a year, especially if the insurer realizes you’re backed by solid legal firepower. But add in a disputed fault, delayed medical treatment, or a low settlement offer, and things slow down fast. Discovery alone can take six months or more. Court calendars stay packed, and trial dates often get pushed back. If your case goes all the way to a verdict and possibly appeal, you could be looking at two to three years.
But, as we’ve said, most people never reach that point. The pressure of depositions and mounting legal prep tends to force the other side to the table. Moreover, there are several factors can speed up the settlement or lead to a faster verdict.
What Factors Strengthen Your Lawsuit and Speed Up the Process?
Some details don’t just strengthen your case and cut down delays, force early negotiations, and often push the insurer to settle quickly:
You sought medical treatment right away. Immediate ER visits and consistent follow-ups show your injuries are real and serious. It prevents insurers from arguing over timelines, making it easier to move your case forward without drawn-out disputes.
The police report clearly places blame. When an officer documents the other driver’s fault, such as noting they ran a red light or rear-ended you, your legal team spends less time proving liability, which speeds up negotiations and reduces back-and-forth.
You have strong evidence from the scene. Dash cam video, photos, and witness statements remove ambiguity. The clearer your proof, the faster the defense recognizes they can’t win at trial, and that often leads to earlier settlement talks.
You hired a lawyer early. Having legal representation from the start keeps deadlines tight, pressures the insurer to engage seriously, and blocks stalling tactics. It signals you’re not going to be pushed around, and that speeds things up.
The at-fault party has no strong defense. When a fault is clear and supported by records or testimony, the opposing side knows the trial won’t end well. That can lead to faster, fairer offers to avoid unnecessary legal expenses.
If even a few of these apply to your case, you likely have solid grounds for a lawsuit, and you’re more likely to see progress quickly and avoid getting stuck in legal limbo. Too often, people overlook this opportunity because of common stereotypes about lawsuits being messy, drawn-out, or never worth it.
Car Accident Lawsuit Myths vs. Reality
Most people don’t walk into a lawsuit with legal experience, they walk in with a list of assumptions. And a lot of them are wrong.
Myth #1: “If I sue, I’ll end up in court.”
Truth: Most car accident lawsuits never see a courtroom. In Florida, the vast majority settle during discovery or mediation, and often when the insurer realizes you’ve lawyered up and won’t settle for less.
Myth #2: “If I said it was my fault at the scene, I can’t win.”
Truth: A panicked apology doesn’t define liability. Your lawyer can argue shock, disorientation, or even head injury. Florida law looks at evidence, not your roadside regret.
Myth #3: “The insurance company will treat me fairly.”
Truth: Adjusters sound friendly, but their job is to protect the company, not your recovery. Every word you say, every delay in care, but they’ll use it to reduce what they owe.
Myth #4: “I can wait to see how I feel before filing.”
Truth: Florida’s 2023 statute gives you two years to sue. Miss that deadline—even if your injuries worsen, and your claim disappears.
Myth #5: “My case isn’t worth much. I wasn’t hospitalized.”
Truth: Serious injuries don’t always show up on day one. Soft tissue damage, concussions, and chronic pain can surface later, and cost thousands in treatment and lost wages. The value of your case isn’t just your ER bill.
Myth #6: “I don’t want to look greedy.”
Truth: You’re not chasing a jackpot. You’re protecting your future. Medical bills, missed work, trauma, it adds up fast. You’re not the villain for asking to be made whole.
Myth #7: “All lawyers do the same thing.”
Truth: Insurance companies know which lawyers take cases to trial. Having the right firm signals strength, and can push adjusters to settle faster and for more.
So what is the truth? Lawsuits aren’t about revenge but about getting your life back on track. And you shouldn’t have to navigate it alone.
When You Need a Lawyer For a Car Accident Lawsuit and What They Actually Do
Let’s be fair: if you walked away with minor scrapes, no injuries, and the insurance company cuts a reasonable check, you probably don’t need a lawyer. But that’s not how most cases go. If you’re injured, missing work, or dealing with long-term pain, you need someone who does this for a living because the other side definitely has one.
A car accident lawyer steps in early to protect your claim, gather evidence, handle medical records, and deal with insurance adjusters trained to minimize your payout. In reality, most attorneys aim to settle efficiently, often without filing a lawsuit at all. Moreover, in Florida, personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you do. Their fee is usually around 33% to 40%, and comes out of your settlement or award. And if your case does go to trial, your lawyer usually advances the cost of expert witnesses, depositions, and court filings, collecting only after the case resolves. You’re not paying to get in the game, but they’re betting on your win.
At Steinger, Greene & Feiner, our auto accident lawyers have handled thousands of car accident claims and lawsuits across Florida, from fender benders with hidden injuries to complex multi-vehicle crashes with disputed liability. We’ve worked cases in West Palm Beach, Miami, Fort Lauderdale, Tampa, Fort Myers, Orlando, Port St. Lucie, and beyond. We know how insurers operate. We know how to fight back. And we know what it takes to get real results. Whether your case settles in weeks or goes all the way to trial, we’re ready to go all in because you deserve more than a lowball offer and a voicemail.