Matthew Mincone | November 20, 2025 | Personal Injury
Most people never imagine themselves needing to file a lawsuit – until something goes horribly wrong. Maybe you were hurt in a car accident, slipped in a store, or suffered financial losses because of someone’s careless action. When another person’s negligence or misconduct causes real harm, Florida law gives you the right to pursue compensation. But what does it mean to “sue someone?” How does the legal process work, and where should you begin?
Injury victims should understand the process of navigating the civil justice system. Below, we break down the steps involved in filing a lawsuit in Florida.
Establish the Legal Grounds for Your Lawsuit
Every lawsuit begins with a legal theory. This is your “cause of action.” This theory will explain why you believe the defendant is legally liable for your harm. The facts of your situation determine which theory applies.
Common reasons people sue in Florida include:
- Personal Injury (car accidents, slip and fall, etc.)
- Negligence of any kind
- Premises liability (unsafe property conditions)
- Product liability (dangerous or defective products)
- Wrongful death
Even within personal injury, there are multiple paths to compensation. For instance, after a car accident, you might sue for negligent driving, negligent entrustment, or even product liability if a defective vehicle part played a role.
Identifying the correct course of action is essential. It dictates what you must prove, what court will hear the case, and what damages you may recover.
Identify Who You Are Suing
Once you know what your claim is, you must determine who is legally liable. This is not always as obvious as it seems.
For example:
- A careless driver may be liable, but so might their employer if the driver was acting within the scope of their employment.
- A store may be at fault for a fall, but a separate maintenance company may also share liability.
- A defective product may implicate the manufacturer, distributor, or retailer.
You must name every defendant you believe contributed to your injuries. If a party is not named, the court cannot award damages against them.
Determine Which Florida Court Has Jurisdiction
Not every court can hear your case. You must file your lawsuit in a court that has authority. In Florida’s civil system, jurisdiction usually depends on the dollar amount in dispute.
Most lawsuits are filed in the county where the injury occurred and where the defendant lives or conducts business. Selecting the right court can impact filing fees, procedures, and timelines. Filing in the wrong court can delay the case or lead to dismissal.
Draft the Complaint
A lawsuit officially begins when you file a complaint. This document lays the foundation of your claim in a clear, factual manner.
A complaint must include:
- The names of all parties
- A description of what happened
- The legal reason the defendant is responsible
- The damages you’ve suffered
- A request for relief
In Florida, complaints must be accurate and clear. Overlooking details or misidentifying facts can weaken your case from the start.
Serve the Defendant
After filing your complaint, you must serve it on each defendant.
Service must be completed by:
- A sheriff
- A certified process server
- Or, in some cases, another competent adult whom the court authorises.
A summons will be valid for 120 days. If the defendant cannot be located, or if service fails, you may request more time. Proper service is critical. If the defendant is not served, the case cannot move forward against them.
Continue with the Lawsuit
Filing the lawsuit is only the beginning.
Once service is complete:
- Defendants have time to file an answer or legal challenges
- Both sides engage in discovery, exchanging evidence and taking depositions
- Motions may be filed to resolve issues before trial
- Settlement negotiations often take place throughout the process
To win your case, you must present persuasive evidence, meet deadlines, follow rules, and respond effectively to the defendant’s arguments.
This is where experienced legal representation becomes invaluable. Lawsuits involve strict rules and technical requirements. Even a small mistake can affect your right to recover compensation.
Contact the Tampa Personal Injury Lawyers at Mincone Personal Injury Lawyers for Help Today
If you believe you have grounds for a lawsuit, you don’t have to navigate the process alone. At Mincone Personal Injury Lawyers, we guide clients through every step of the process. We can help you determine the cause of action, prepare filings, serve defendants, and litigate for full compensation.
Contact us today for a free consultation with a Tampa personal injury attorney. We’re here to explain your options, protect your rights, and help you pursue the justice you deserve.
If you’ve been injured in an accident in Tampa, FL, contact our skilled car accident lawyers at Mincone Personal Injury Lawyers to schedule a free consultation.
We proudly serve Hillsborough County and its surrounding areas:
Mincone Personal Injury Lawyers
1925 E 6th Ave Ste 10
Tampa, FL 33605
(813) 800-0810
Our firm is located near you. We have an office in Tampa
Find us with our GeoCoordinates: 27.9593512,-82.4369179
About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
