What Happens Behind the Scenes in a Car Accident Injury Lawsuit?

You've been in an accident in Florida, and you have decided that you would like to file a lawsuit. Now, you are wondering what you need to do. When you decide to file a lawsuit, you have to file a pleading. A pleading states that you were injured in a car accident and that you have sustained pain and suffering.

The pleading is later served to the party that is deemed to be at fault. The at-fault party's insurance will then hire an attorney, and the whole lawsuit process begins. Then, the discovery stage begins.

The discovery stage allows either party to exchange written questions that each party is required to sign under oath. This can also include written requests for information. During the discovery phase you might also be required to have a medical examination conducted by the defense’s physician to verify that your injuries are a result of the accident and to determine whether the injuries are permanent.

The average time it takes from the start of lawsuit until you go to trial is anywhere from 12 to 18 months. Before trial begins, you'll be required to attend mediation. This is an attempt to settle before trial. They are usually very successful. If there is no settlement, then you will have to prepare to go to trial, which can take 3 days to 2 weeks. If you do not win after the trial, then you will be required to pay all fees for the defense’s attorney. Filing for a lawsuit is an important decision because there can be adverse consequences. Watch the video to learn more.


If you have additional questions regarding what happens when you file a lawsuit, call the experienced Kissimmee car accident lawyers of Draper Law Offices at (407) 846-0075. I welcome your call. Visit our educational website, where you can view more videos and media content from our law firm.

Click for a Consultation

Draper Law Office

Offices in Kissimmee, Orlando and St. Cloud


(407) 846-0075

In This Section


I was referred to Draper Law by my father in-law after being hit from behind in an auto accident. I didn't realize, at the time, what an important decision I was making by hiring a personal injury attorney to represent me. Charles Draper took the time to explain the process and what I could expect. His professional team was there for me every step of the way through a long, and often complicated, legal experience. I just want to express my sincerest gratitude for all the efforts that were taken by Charlie and his team on my behalf in obtaining a settlement on my case.