You may want to seek justice by filing a civil lawsuit in Pompano Beach, especially if you’re dealing with stress, trauma, or confusion.
The right legal team will provide you with civil lawsuit resources in Florida so you can better understand how everything works. At Long & Jean, P.A., our attorneys are with you every step of the way, and you can trust we’ll work tirelessly to achieve the greatest possible outcome for your case.
How Civil Cases Work in Florida
Florida has unique rules and procedures that govern civil cases, such as slip and fall accidents, car accidents, medical malpractice, and other personal injury claims. Here’s what to expect when filing a case with the civil courts:
Small Claims, County, and Circuit Courts Explained
There are three main Florida civil court levels:
- Small claims court: This court handles disputes that involve $8,000 or less. Cases that go to the small claims court tend to be simple, such as claiming owed money from a friend, and might not always require an attorney. However, you can choose to hire one to increase your chances of winning.
- County court: You may need to go to the county court for a civil case that’s more complicated, such as a personal injury case. This court handles disputes that involve $50,000 or less—up from $30,000 before 2023.
- Circuit court: This is the highest trial court for civil cases in Florida, handling cases that exceed $50,000. For example, a complicated medical malpractice case may end up in the circuit court.
Typical Civil Lawsuit Steps and Timelines in Florida
In our experience, the civil litigation process in Florida usually follows a similar timeline to the one outlined below:
Filing a Complaint
Once you’ve found a lawyer, the plaintiff (you) will file a complaint and summons with the local county court. The complaint explains the reasons why the plaintiff is suing the defendant. The summons tells the defendant that the plaintiff has filed a lawsuit against them and when they must respond to this document.
Waiting for an Answer
Usually, the defendant has 20 days to answer a plaintiff’s complaint. If the defendant fails to file an answer within this deadline, the court can enter a default judgment. This means the plaintiff wins automatically without having to prove the defendant did anything wrong.
It’s important to note that the defendant can still go to court and ask for the default judgment to be set aside.
Entering the Discovery Stage
Once a lawsuit is officially filed, both parties start the discovery process to gather information about the case. This critical stage may involve:
- Deposition: In-person out-of-court sessions where one or both parties answer questions under oath.
- Request for production: Both parties exchange documents related to the dispute.
- Interrogatories: Written questions that must be answered under oath.
Filing Motions
While the discovery process is happening, parties may go before a judge to ask for more evidence. For example, one party might file a motion to get a subpoena for a crucial witness.
Some lawsuits end at this point if both parties reach an agreement.
Going to Trial
If parties can’t settle, the lawsuit moves on to trial. Usually, a trial is set before a jury that will determine the verdict. The usual process goes like this:
- The jury is selected.
- Each party offers an opening statement to explain their side of the case.
- Each side presents their evidence and calls its witnesses to testify.
- Each side makes a closing argument in a last effort to convince the jury.
- The judge gives instructions regarding the applicable law and evidence that the jury must consider.
- The jury holds deliberations to reach a verdict.
- The jury reaches a verdict.
A trial can also be before a judge, known as a bench trial.
Awaiting the Judgment
A judgment is the court’s official announcement of the decision in a case. It also states what relief, if any, the plaintiff may receive, which often comes in the form of a specific dollar amount. Your judgment might be for economic damages (tangible financial losses), non-economic damages (intangible losses such as long-term suffering), or punitive damages. The latter are sometimes awarded by the court to punish a defendant for wrongdoing.
Average Length of the Process
Most standard civil lawsuits (not cases heard in the small claims court) are lengthy, with trials often set for a year or 18 months after they’re filed. Although most people consider this too long, it’s just the way the system works. Here’s what usually happens:
- Once a plaintiff files a lawsuit, the defendant usually has 20 days to answer the complaint.
- The discovery process takes between 20 and 30 days. However, a judge can give both parties up to 6 months to complete this stage.
- Depositions might take between 2 and 4 months to complete.
- Many civil lawsuits go to trial. The time spent in court can range from a few hours to several weeks.
- Finally, after the verdict, the losing party can choose to appeal to a higher court, such as the Florida Supreme Court.
Before You File
If you’re thinking of starting a civil lawsuit, you should know that your case might not actually end up in court:
Why Many Cases Resolve Without Trial
Do most civil cases go to trial? Not really. In fact, many are settled before reaching a courtroom. Before filing a lawsuit, you may want to consider alternative options such as:
- Demand letters: Sending a demand letter to the party you want to sue may lead to a settlement straight away.
- Negotiation: If a demand letter doesn’t work, you can negotiate a settlement offer without having to file a lawsuit.
- Mediation/settlement conference: This is when a neutral third party helps both parties reach a settlement through communication and negotiation.
When Filing Becomes the Right Step
Filing a lawsuit might be necessary when:
- You and the party you want to sue can’t agree on a pre-trial settlement.
- The other party doesn’t reply to your letters.
- The statute of limitations is running out, and the other party is using delay tactics.
How to File a Civil Lawsuit in Florida: Step-by-Step Guide
Each civil case is different. However, here’s the usual timeline of events:
Step 1: Sending a Complaint and Waiting for an Answer
Your civil case officially starts when you send a complaint to the party you want to sue. You’ll then need to wait the requisite 20 days for the now-defendant to answer your complaint.
Step 2: Participating in Pre-Trial Preparations
You’ll need to attend all scheduled meetings with your attorney so you can discuss your case in depth and prepare for depositions and trial pleadings.
Step 3: Being Available During the Discovery Stage
Once your case enters the discovery stage, your attorney will probably meet with you to discuss and answer any written questions you receive from the other party.
Step 4: Preparing for Motions and Settlement Conferences
Motions are often filed during or after the discovery stage, allowing you and the defendant to make formal requests to the court for specific actions involving your case. Common motions include the motion to dismiss, where the defendant asks the court to dismiss a case, and a motion for a protective order to limit the sharing of information during the discovery stage.
You’ll also need to prepare for any mediation or settlement conference, if you choose to go down this route, and be available to discuss your case with the defendant.
Step 5: Being Ready for Trial
If your case isn’t settled and goes to trial, it’s now up to your attorney to help you win in court. You also need to be prepared to stand in front of a judge and jury and testify, if needed.
Step 6: Appealing Your Case
You might want to appeal your case if it doesn’t go the way you wanted. An appeal gives you an opportunity to present your case to a higher court, which could result in a more successful outcome.
Evidence Checklist and Organization Tips
Here’s a brief checklist of key evidence you might want to collect to strengthen your civil case:
- Contracts and agreements you had with the defendant
- Photos and videos documenting an incident
- Witness contact details and statements
- Bank statements and other financial records showing financial losses
- Medical records (in a personal injury case)
It’s important to keep this evidence organized. For example, create digital copies of paper documents and share these with your attorney for safekeeping. You can also categorize evidence by type or date.
Costs, Fees, and Your Net Recovery
Choose an attorney team like Long & Jean, P.A., in Pompano Beach that works on a contingency basis. This means you only pay costs if your civil lawsuit has a successful outcome in court or you reach a pre-trial settlement. Final costs may include filing fees, court expenses, and your attorney’s contingency fee.
If you’re involved in a personal injury claim and have medical expenses, your health insurance company may place a lien on a settlement amount to be reimbursed for the care they provided. This, along with the costs above, will lower your net recovery amount.
Florida Deadlines for Civil Lawsuits
Because cases can take a long time to be resolved, you’ll want to access civil court resources in Florida and start your lawsuit as soon as possible. It’s also important to act quickly because of Florida’s statute of limitations, which is the maximum amount of time you have to file a lawsuit. These timeframes differ depending on the type of civil case. For example, the limit for a personal injury case involving someone else’s negligence is 2 years. Negligence is the failure to take proper care in doing something, often resulting in injury or other harm.
You’ll also need to consider filing and servicing deadlines. Different court locations have different deadlines, so it’s important to check ahead of time.
FAQs
How long does a civil lawsuit take in Florida?
Most cases take 12–18 months from filing to trial, though complex litigation can take longer depending on discovery timelines and court schedules.
How much does it cost to file a civil lawsuit in Florida?
Costs vary but typically include filing fees, court expenses, and attorney fees. Long & Jean, P.A., works on a contingency basis, meaning you only pay if your case succeeds.
Do all civil cases in Florida go to trial?
No. Many cases are settled through negotiation, mediation, or pre-trial agreements before ever reaching a courtroom.
What is the difference between county court and circuit court in Florida?
County courts handle claims up to $50,000, while circuit courts handle higher-value or more complex civil cases.
How an Attorney Can Help
The civil litigation process in Florida might be the way to obtain the compensation you deserve, so don’t be afraid to reach out to an attorney who can stand in your corner and help you get justice. At Long & Jean, P.A., you can schedule a FREE one-on-one evaluation to discuss the details of your case and get the latest civil lawsuit resources in Florida.