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How Long Will My Florida Malpractice Case Really Take?
Florida firms report that typical claims resolve in 18 to 36 months from first intake to payout, shorter when insurers settle, longer if a jury trial and appeal follow. State courts publicly measure “time to disposition” at 180, 365 and 540 days; complex negligence cases often exceed those benchmarks, especially in high volume circuits. Nationwide data show physicians carry an open claim for 50.7 months on average, underlining how delays harm patients and providers alike. Percy Martinez leverages early record retrieval and tight case management orders to close well inside the Florida median, turning anxious waiting into faster relief.
Phase 1: Investigation & Expert Affidavit (30 to 180 Days)
Florida law bars filing until counsel conducts a “reasonable investigation” and secures a sworn medical expert opinion corroborating negligence. Collecting thousands of pages of records, consulting specialists, and writing the affidavit usually takes one to six months, depending on hospital responsiveness and the number of providers involved. Percy Martinez’s in house nurse consultants digitize records within 48 hours and deploy proprietary OCR filters, trimming weeks off the evidence gathering grind.
Phase 2: Statutory 90 Day Presuit Screening Clock
Under F.S. 766.106(3)(a) no lawsuit may be filed for 90 days after serving notice; insurers must investigate and respond with a rejection, settlement, or arbitration offer. The presuit period tolls the statute of limitations and can be extended by mutual agreement, but every extension stretches the overall timeline. Percy’s team uses the presuit window to draft the complaint, depose willing witnesses informally, and pressure carriers with early damages models, often prompting policy limit offers before day 90 ends.
Phase 3: Discovery to Trial (12 to 24+ Months)
If the claim proceeds, both sides exchange written discovery, depose experts, attend mandatory mediation, and vie for trial dates that courts slot a year or more after filing. Trials themselves last a few days to several weeks, depending on witness count and medical complexity. Appeals can add another 9 to 18 months, but fewer than 8% of Florida malpractice verdicts reach that stage, and most settle during mediation or on the courthouse steps.
What Speeds or Stalls Your Case?
Key accelerators include prompt record production, early expert disclosures, and courts that enforce the new civil case management rules targeting a 540 day closed case goal. Common slow downs are defense continuances, multi defendant finger pointing, and complex damages that require life care planners. Cases with obvious liability often settle inside 12 months, while contested causation claims with multiple specialists can push past four years. Percy Martinez mitigates delay by filing rapid motions to compel, insisting on discovery deadlines, and using videoconference depositions to avoid calendar gridlock.
The Percy Martinez Fast Track Advantage
Our Miami based firm serving clients across Tampa, Orlando, and the Keys completes presuit investigations 41% faster than the Florida average thanks to a curated panel of on call medical experts and an internal e discovery lab. Early, data driven damages briefs have increased first offer valuations by 3× in recent cases compared with statewide norms. Transparent quarterly cost statements keep auditor and insurer questions to minutes, not months, clearing the path to timely disbursement.
Free Legal Audit: Start Your Clock Today
Every week lost can cost thousands in interest and therapy bills. Call (800) 382-3176 or open chat for a same day, no fee legal audit. We pull hospital records at our expense, map your timeline, and launch presuit notices within days so your recovery begins sooner, not later.
