April 27, 2026
Filing a car accident lawsuit is not something most people do more than once. You probably don’t know what happens after you decide to sue, how long each step takes, or what you’re supposed to do while your attorney handles things. This is a walkthrough of the actual process, from the decision to file through resolution.
Why Lawsuits Happen
Most car accident claims don’t become lawsuits. The insurance company makes an offer, your attorney negotiates, and the case settles. A lawsuit becomes necessary when the insurer refuses to pay a fair amount, disputes who caused the crash, or stalls long enough that filing is the only way to move things forward.
Filing suit isn’t an escalation for its own sake. It’s a tool. And sometimes it’s the only tool that works.
Before the Lawsuit Is Filed
A few things have to happen before your attorney files anything.
Your treatment needs to be complete or stable. Attorneys call this reaching maximum medical improvement. Until your doctors can say your condition has plateaued, nobody knows the full cost of your injuries. Settling before that point almost always means settling for less than you’re owed.
Your attorney will also build your case file during this time: police report, medical records, bills, lost wage documentation, witness statements, photos of the vehicles and the scene. If liability is disputed, accident reconstruction may be part of this too. Michael McCabe’s engineering background is useful here. Disputes about vehicle dynamics, road conditions, or the mechanics of how a crash happened are things he evaluates directly rather than farming out to a hired expert.
Once the case is ready, your attorney sends a demand letter to the at-fault driver’s insurer. The letter lays out what happened, what your damages are, and what you’re asking for. If the insurer refuses to settle for a number that reflects your actual losses, the lawsuit gets filed.
Filing the Complaint
Your attorney drafts a legal document called a complaint. It names the defendant, describes what happened, states your legal claims, and says what you’re asking the court to award.
The complaint gets filed with the appropriate Florida court and served on the defendant. The defendant then has 20 days to respond. Their response typically denies the claims and raises any defenses they plan to use.
At this stage, the case is officially in litigation. That changes the dynamic. Insurance companies tend to take cases more seriously once a lawsuit is on file and a trial date is on the calendar.
Discovery
Discovery is the phase most people don’t expect. It’s the longest part of the litigation process, and it’s where most cases are actually won or lost.
Both sides exchange evidence. That includes documents, photos, medical records, phone records, and anything else relevant to the claim. Both sides can also send written questions (called interrogatories) that the other side must answer under oath.
Depositions happen during discovery. A deposition is sworn testimony given outside the courtroom, with a court reporter transcribing everything. You will almost certainly be deposed. So will the other driver, treating physicians, and any expert witnesses either side retains.
Being deposed sounds intimidating. It’s a formal process, but it’s not a trap. Your attorney prepares you beforehand. You answer questions honestly and completely, and you don’t volunteer information beyond what’s asked.
Expert witnesses are often retained during discovery. Your attorney may bring in a medical expert to testify about the extent of your injuries and future care costs, or an economist to quantify lost earning capacity. The defense will likely do the same. These experts are deposed too.
Discovery in a standard car accident case runs three to six months. Cases with serious injuries, disputed liability, or multiple defendants take longer.
Motions
During and after discovery, either side can file motions asking the court to rule on specific issues before trial. A motion for summary judgment, for example, argues that the facts are undisputed and the court should rule in one party’s favor without a trial.
Most car accident cases don’t get resolved by motion. But motions shape the case. They can narrow the issues, exclude certain evidence, or force the other side to show their hand early.
Mediation
Florida law requires mediation before most civil trials. Both sides, their attorneys, and a neutral mediator sit down and try to reach a settlement.
Mediation is a real opportunity. Both sides have spent months in discovery by this point and have a clear picture of the strengths and weaknesses of their positions. The mediator isn’t a judge and can’t order anything. Their job is to facilitate a conversation that gets both sides to a number.
A large percentage of car accident lawsuits settle at mediation. If yours does, the case ends there. If it doesn’t, the case moves toward trial.
Trial
Trial is where the case gets decided by a jury. Here’s what that looks like.
Jury selection comes first. Attorneys on both sides question potential jurors and remove those they believe will be unfavorable to their client. This process takes half a day to a full day in most car accident cases.
Each side then gives an opening statement laying out what they expect the evidence to show.
Witnesses testify. Your attorney calls witnesses who support your case: treating physicians, accident reconstruction experts, people who witnessed the crash. The defense cross-examines them. Then the defense calls its own witnesses, and your attorney cross-examines those.
After all testimony is complete, both sides give closing arguments. The jury then deliberates and returns a verdict.
A car accident trial typically runs two to five days from jury selection through verdict. More complex cases take longer.
If the jury finds in your favor, the court enters a judgment for the amount awarded. If the defense appeals, that process adds more time before you see money.
What Happens After a Verdict or Settlement
Whether your case settles or goes to verdict, the resolution process involves a few more steps.
Medical liens get resolved. If your health insurer, Medicare, or Medicaid paid for treatment related to the accident, they have a right to be reimbursed from your recovery. Your attorney negotiates those liens down wherever possible.
Attorney fees and costs come out of the recovery. Personal injury attorneys in Florida work on contingency, meaning they take a percentage of what you recover rather than billing by the hour. Your attorney explains the exact percentage and how case costs are handled before you sign anything.
Once liens are resolved and fees are accounted for, you receive your portion of the settlement or judgment.
What You’re Expected to Do During All of This
Clients often feel like they’re waiting around while their attorney does things. That’s partly true. There are long stretches where the work is happening on the legal side and you’re not directly involved.
But your job during litigation matters.
Keep going to your medical appointments. Gaps in treatment are one of the first things defense attorneys point to. Consistent care isn’t just good for your health. It’s good for your case.
Don’t post about the accident or your injuries on social media. Defense attorneys look. Photos of you at a concert three weeks after you claimed you can’t walk are the kind of thing that ends cases badly.
Tell your attorney about anything relevant that changes. New symptoms. A return to work. A conversation you had with the other driver or their insurer. Your attorney can’t manage what they don’t know about.
Respond to your attorney’s requests promptly. Discovery has deadlines. Missed deadlines create problems that are expensive and sometimes impossible to fix.
A Realistic Expectation
Suing after a car accident is not a fast process. It takes patience. But for cases where the insurance company won’t pay what your injuries actually cost, it’s often the only path to a fair result.
Nicholas Martino and Michael McCabe have handled car accident cases throughout Jacksonville, Ponte Vedra Beach, and St. Johns County for years. If you’re trying to figure out whether filing suit makes sense in your situation, that’s exactly the kind of conversation worth having before you make any decisions.
Call (904) 999-4657 or reach out at martinomccabe.com for a free consultation.
Michael J. McCabe, is a partner and owner of Martino & McCabe and practices in the areas of personally injury, auto accidents, and premises liability. He is a licensed Professional Engineer and received his Bachelor of Science in Civil Engineering from Florida State University. He earned his Juris Doctor degree from Florida Coastal School of Law in 2005 while continuing to work as a Professional Engineer.