After an accident, one of the first questions most injury victims ask is: How long will this take? While every personal injury case is different, most follow a similar path — and timelines can vary based on several key factors.
At Iscoe Law, we’ve helped thousands of clients across Miami, Fort Lauderdale, and West Palm Beach navigate the claims process from day one. If you’ve been injured in South Florida in 2025 and are wondering what to expect, this article will break it down for you.
What Affects the Timeline of a Personal Injury Case?
The duration of a personal injury case depends on several variables, including:
- Severity of injuries
- Length of medical treatment
- Liability disputes
- Insurance company responsiveness
- Whether a lawsuit is filed or settled out of court
Some cases resolve in a matter of months; others can take a year or more, especially if they go to trial. Let’s explore the phases in detail.
Phase 1: Medical Treatment and Recovery (1–6 Months)
Before your case can be valued, you need to reach a point of “maximum medical improvement” (MMI), which means your doctors have a clear understanding of your long-term needs. This could take weeks for minor injuries or several months for serious trauma.
In 2025, insurance companies in Florida are closely scrutinizing medical records — so ongoing treatment, physical therapy, and doctor visits must be well documented.
Phase 2: Investigation and Demand Letter (1–3 Months)
Once your treatment stabilizes, your personal injury attorney will begin collecting evidence: medical bills, police reports, witness statements, lost wages, and any video or photo documentation. At Iscoe Law, we also consult with experts if needed to help calculate future care or lost earning potential.
After this, we draft a demand letter that outlines your damages and proposes a settlement amount to the insurance company.
Phase 3: Negotiation with the Insurance Company (2–6 Months)
Insurance companies rarely accept the first demand. They’ll likely counter with a lower offer, prompting a back-and-forth negotiation. In Miami, where insurers handle high volumes of car and premises liability claims, delays are common.
With new legal reforms in Florida reducing certain damage claims, 2025 has seen insurers become even more aggressive in pushing fast, undervalued settlements. This makes it crucial to have a strong legal team that won’t let them take advantage of you.
Phase 4: Filing a Lawsuit (If Necessary) – Adds 6–18 Months
If the insurance company won’t offer a fair settlement, your attorney may recommend filing a lawsuit. This moves your case into litigation, which involves pre-trial motions, discovery, depositions, and possibly mediation or trial.
The Florida courts are still experiencing backlog from COVID-era delays, and while many counties — including Miami-Dade and Broward — are modernizing dockets, a trial date could be 12 to 18 months out.
Keep in mind: most cases still settle before trial. However, preparing thoroughly is often what pushes insurers to raise their offers.
Florida’s 2023 Tort Reform and Timelines
Under Florida’s updated statute of limitations passed in 2023, personal injury victims now have 2 years from the date of the accident to file a lawsuit — down from the previous 4-year window. This has created a sense of urgency for both clients and attorneys across South Florida.
Missing this deadline could permanently bar you from recovering damages. At Iscoe Law, we move quickly to preserve your rights and keep your claim on track.
What Can You Do to Speed Things Up?
- Get medical care promptly and follow your treatment plan
- Keep records of all accident-related expenses
- Avoid posting about the accident on social media
- Stay in communication with your attorney
Iscoe Law: Focused on Progress, Not Delays
We know the stress that comes with waiting — especially when bills are piling up and you’re trying to heal. That’s why we keep every case moving and keep you informed every step of the way.
Our goal isn’t just to settle fast. It’s to settle right — and to maximize your compensation without unnecessary delays.
Call Today to Start Your Case
The sooner you speak with an attorney, the sooner we can begin building your case. Contact Iscoe Law for a free consultation.
