Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
How long should a personal injury case take?
It depends on your treatment and the case. Treatment often needs to finish, records and bills must be collected, and negotiation takes weeks or months. Litigation takes longer.
Not every delay is normal. If your case has been sitting for months with no clear update and no lawyer can explain its status, that's a warning sign.
Why do personal injury cases stall?
Usually because no attorney is actively reviewing the file.
A case can stall when no one is actively working on:
- Insurance coverage, including UM and MedPay
- Medical treatment, billing, and health insurance
- Witnesses, photos, video, and incident reports
- Evidence preservation
- Liens and subrogation
- Whether to send a demand, and whether to file suit
Without attorney involvement, a case can sit until the statute of limitations gets close, which reduces leverage.
Does a slow case affect what the insurance company offers?
Yes. Insurers look at the quality of the evidence and documentation, and whether the lawyer looks ready to litigate.
If the insurer believes the case is being handled by a case manager with little attorney involvement, it may delay, deny, or lowball. Every case should be prepared as if it may go to trial. Most won't, but the insurer should know the attorney is paying attention.
What missing documents slow a case down?
Accident and scene photos, surveillance video, incident reports, witness statements, medical records and bills, health insurance and MedPay information, UM policy documents, liens, and coverage affidavits.
If these aren't gathered early, settlement is delayed and litigation gets harder. Some evidence can't be recovered later. A store may record over its video, a property owner may repair the hazard, and a vehicle may be repaired or scrapped. Florida courts have recognized a duty to preserve video once a store receives a specific presuit request for it. Pena v. Bi-Lo Holdings, LLC, 304 So. 3d 1254 (Fla. 3d DCA 2020). That letter has to actually go out.
Can a case move too fast?
Yes. A demand sent before the attorney understands the injuries, coverage, future treatment, liens, and every responsible party can cost you.
Settling with one party too early can weaken your position against another. In a crash involving a drunk driver, road rage, or a hit-and-run, the at-fault driver's conduct matters. If the case is reduced to only a UM claim too soon, important value can be lost.
In most contingency-fee cases, switching costs you nothing out of pocket, and I handle the conversation with your old firm. Here's how switching works in Florida →
Common questions
Why is my personal injury case taking so long?
Treatment may be ongoing, records may still be coming in, or negotiations may be continuing. But delay also happens when no attorney is actively reviewing the file.
Can I switch lawyers if my case is stuck?
Yes. In most cases it costs nothing out of pocket. See how switching works.
Should my case go to trial?
Most cases settle. But a case prepared for trial usually settles for more, because the insurer knows the lawyer is ready.
This page is general information about Florida law, not legal advice for your situation.