Filing a Personal Injury Lawsuit in Broward County: Step-by-Step
Most personal injury cases settle without ever going to trial — but the path to a fair settlement runs through a process that mirrors litigation. Understanding how a case moves from accident to resolution gives you realistic expectations and helps you make informed decisions at each stage. This guide walks through the personal injury lawsuit process in Broward County, from the day of the accident through final resolution.
Step 1 — The Accident and Immediate Steps
Every personal injury case begins with an event: a car accident, a slip and fall, a dog bite, a defective product injury. The actions taken at the scene and in the days that follow become the foundation of any subsequent legal claim.
Document everything: photograph the scene, gather witness information, obtain the police or incident report, and seek medical attention immediately. In auto accident cases, Florida’s PIP rule requires treatment within 14 days of the accident to preserve your insurance benefits. In any personal injury case, the sooner you document your injuries, the stronger your medical evidence.
Step 2 — Retaining a Personal Injury Attorney
The earlier you retain an attorney, the better your position. An attorney retained shortly after an accident can:
Send immediate preservation demands for surveillance footage, vehicle data, and other time-sensitive evidence
Communicate with insurance companies on your behalf, heading off statements that could be used against you
Refer you to appropriate medical specialists and ensure your injuries are properly documented
Begin investigating liability and identifying all responsible parties
Most personal injury attorneys — including HLM Injury Lawyers — work on a contingency fee basis. You pay no attorney fees unless your case results in a recovery. That arrangement means you can access experienced legal representation regardless of your financial situation.
Step 3 — Investigation and Evidence Development
Before any demand is made or lawsuit filed, your attorney builds the evidentiary foundation of your case. This phase includes:
- Medical records and treatment documentation: Your attorney gathers all records related to your injuries, including emergency records, specialist reports, imaging results, and ongoing treatment notes. This documentation establishes the nature and extent of your injuries and the cost of your care.
- Liability investigation: Police reports, witness statements, scene photographs, traffic camera or surveillance footage, and expert analysis establish who was at fault and by what percentage.
- Damages documentation: Lost wage records, employer verification, and — in cases involving permanent injury — vocational and economic expert analysis quantify the full financial impact of your injuries.
- Expert retention: Depending on the case, medical experts, accident reconstruction specialists, or other professionals may be retained to provide opinions that support your claim.
Step 4 — Demand and Pre-Suit Negotiation
In most cases, once you reach maximum medical improvement — the point at which your condition has stabilized and your future medical needs can be estimated — your attorney submits a written demand to the responsible party’s insurer. The demand lays out the facts, the evidence of liability, and the full extent of your damages, and it specifies a settlement amount.
The insurer responds with an acceptance, a counteroffer, or a denial. Negotiation follows. Many cases resolve at this stage, particularly when:
Liability is clear and well-documented
Your injuries are significant and supported by medical evidence
Your attorney has a demonstrated record of taking cases to trial
An insurer’s willingness to pay fair value in pre-suit negotiation depends largely on whether they believe your attorney will actually take the case to trial if negotiations fail.
Step 5 — Filing the Lawsuit
If pre-suit negotiation does not produce a fair resolution, your attorney files a complaint in the appropriate Broward County court. The Broward County courthouse sits in Fort Lauderdale. Cases involving smaller amounts may be filed in the county civil division; larger claims go to the circuit court’s civil division.
Florida’s statute of limitations requires the lawsuit to be filed within two years of the accident date. Filing within this window is non-negotiable — miss the deadline and you lose your right to sue.
Once the complaint is filed, the defendant is served and has an opportunity to respond. The case enters formal litigation.
Step 6 — Discovery
Discovery is the formal information-exchange phase of litigation. Both sides gather evidence, depose witnesses, and exchange documents. Key discovery tools include:
- Depositions: Testimony under oath from the plaintiff, the defendant, witnesses, and experts. Depositions are a critical opportunity to establish facts and lock witnesses into their accounts.
- Interrogatories: Written questions that each side must answer under oath.
- Requests for production: Formal requests for documents, records, photographs, and other evidence.
- Defense medical examinations: The defendant may request that a physician of their choosing examine you. Your attorney prepares you for this examination and responds to any findings that understate your injuries.
Discovery can take months in complex cases. Throughout this phase, settlement negotiations often continue in parallel.
Step 7 — Mediation
Florida courts require personal injury cases to go through mediation before trial. Mediation is a structured negotiation session facilitated by a neutral mediator. Both sides present their positions, and the mediator works to help the parties reach a mutually acceptable resolution.
Mediation resolves a substantial percentage of personal injury cases. If mediation fails, the case proceeds toward trial.
Step 8 — Trial
If the case does not settle, it goes to trial. Personal injury trials in Broward County are heard by a jury. Your attorney presents evidence, examines witnesses, and argues your case to the jury. The jury determines whether the defendant is liable and, if so, what damages to award.
Trial preparation is intensive — and your attorney’s credibility as a trial lawyer shapes the settlement dynamic at every step before trial. Attorney Eric A. Hernandez has more than 25 years of trial experience, including service as an Assistant U.S. Attorney for the Southern District of Florida. That experience translates into leverage at every stage of your case.
Frequently Asked Questions
Q: How long does a personal injury lawsuit take in Broward County? A: Timeline varies significantly based on the complexity of the case, court scheduling, and whether the case settles or goes to trial. Many cases resolve within one to two years of the accident. Cases that go to trial take longer.
Q: Do I have to go to court? A: Most cases settle before trial. You may need to attend depositions, mediation, and — if the case goes to trial — the courthouse. Your attorney prepares you for each step.
Q: What happens if the defendant has no insurance? A: If the defendant is uninsured, your own UM/UIM coverage may be the primary source of recovery. Your attorney can advise on whether a personal judgment against the individual defendant is also worth pursuing.
Q: What does it cost to hire a personal injury attorney? A: HLM Injury Lawyers works on a contingency fee basis — no fees unless we recover compensation for you.
Contact HLM Injury Lawyers — Free Consultation
From the day of your accident to the resolution of your case, HLM Injury Lawyers is with you at every step. Attorney Eric A. Hernandez brings the preparation and courtroom skill that changes outcomes — both at the negotiating table and in the Broward County courthouse.
Call today for a free consultation.
(305) 842-2100 3301 N. University Dr., Suite 100 Coral Springs, FL 33065
Serving Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County. Spanish-language service available.