Understanding the Personal Injury Settlement Process in Florida: A Step‑by‑Step Guide

Melissa Hemmert Feb 10 2026 18:00

Quick Summary: In Florida, a personal injury settlement can take anywhere from a few months to more than a year depending on medical treatment, the severity of injuries, available insurance coverage, and how willing the insurance company is to negotiate fairly. Your case value is shaped by factors like liability, medical documentation, long‑term impact, and whether a lawsuit becomes necessary. Working with an experienced Naples personal injury lawyer such as HLH Law Group, P.A. helps ensure your case moves efficiently and your damages are fully documented.

1. Getting Medical Treatment After an Injury

Your health comes first. After an accident, it’s critical to seek medical treatment immediately—both for your recovery and for protecting your legal rights. Medical records form the foundation of your personal injury claim. Insurance companies rely heavily on these records to evaluate the extent of your injuries, necessary treatment, and long‑term prognosis.

In Florida, the 14‑day PIP rule requires you to receive medical care within 14 days of an accident to preserve certain insurance benefits. Consistent follow‑up treatment also helps establish the seriousness of your injuries.

2. Documentation and Building Your Claim

Once treatment is underway, the next step is gathering evidence and building your claim. At HLH Law Group, we help clients document every part of their case, including:

  • Medical records and imaging
  • Accident reports
  • Photographs and videos of injuries or the scene
  • Witness statements
  • Insurance correspondence
  • Lost wage information and employment records

This documentation helps establish liability, prove damages, and support the full value of your claim. A well-documented case typically results in stronger settlement negotiations.

3. Settlement Negotiations With the Insurance Company

Once you reach maximum medical improvement or your long-term needs are better understood, your attorney prepares a demand package outlining injuries, medical expenses, future care needs, lost wages, and pain and suffering damages. The insurance company will then review the demand and start the negotiation process.

Negotiations may involve several rounds of offers and counteroffers. Factors that influence the settlement value include:

  • Severity of injuries
  • Length and type of medical treatment
  • Permanent impairment or disability
  • Available insurance coverage
  • Strength of liability evidence
  • Whether future medical treatment is anticipated

4. When a Lawsuit Becomes Necessary

Not all cases settle quickly. If the insurance company refuses a fair offer, your attorney may recommend filing a lawsuit. Filing suit does not always mean your case will go to trial—many lawsuits still settle during litigation.

A lawsuit may be needed when:

  • The insurer disputes liability
  • There’s disagreement about the seriousness of injuries
  • Future medical needs are significant
  • The insurer delays or refuses reasonable negotiations

Florida has a two-year statute of limitations for most personal injury cases, meaning you must file within two years of the accident to preserve your rights.

5. How Long Does the Entire Process Take?

The timeline varies widely:

  • Simple cases: A few months
  • Moderate cases requiring extended treatment: 6–12 months
  • Serious or disputed cases: Over a year, especially if litigation is involved

Your case should never be rushed before your injuries are properly diagnosed and treated. Settling too early can leave significant compensation on the table.

Learn More

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If you’ve been injured in an accident in Naples or anywhere in Florida, HLH Law Group, P.A. is here to help. We offer free consultations, and you pay nothing unless we win. Contact us today to discuss your case and learn your next steps.