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Where to File a Personal Injury Claim

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Where to File a Personal Injury Claim in Florida: County, Court, and Insurance Explained

Wondering where to file a personal injury claim in Florida? Brewer Law Firm, P.A. in Zephyrhills explains when to file with insurance, in county court, or with help from an attorney.


📍 Quick Answer: Where Do You File a Personal Injury Claim?

In Florida, most personal injury claims start with the at-fault party’s insurance company — not directly in court. If a fair settlement can’t be reached, your attorney may then file a lawsuit in county court, typically where the accident happened or where the defendant resides.

Brewer Law Firm helps clients in Zephyrhills and surrounding areas determine the right venue, timing, and legal approach to protect your rights and maximize your compensation.


📝 What Filing “a Claim” Actually Means

Filing a personal injury claim can refer to:

  1. An Insurance Claim – Most injury cases begin by notifying the at-fault party’s insurer and negotiating a settlement.

  2. A Civil Lawsuit – If negotiations fail, your lawyer can file a complaint in Florida civil court.

  3. Filing With Multiple Parties – In complex cases, like truck or construction accidents, you may need to file against more than one responsible party.

⛔ Filing in the wrong place — or at the wrong time — can delay or even derail your case.


🏛️ Where to File in Florida: Insurance vs Court

Insurance Claims

  • Filed directly with the at-fault party’s insurance carrier.

  • Requires supporting documents: accident report, medical records, wage loss, etc.

  • Settled through negotiation (ideally with a lawyer’s help).

  • No court involvement unless settlement fails.

Small Claims Court

  • For minor injury or property damage under $8,000, you may file in small claims court.

  • Pros: Lower cost, faster

  • Cons: No jury, limited damages

County Court

  • Most personal injury lawsuits are filed in Florida Circuit Court for the county where:

    • The injury occurred

    • The at-fault party resides

    • The business or entity is located

📍 Example: For accidents in Zephyrhills, your case typically goes to East Pasco County Circuit Court in Dade City.


⌛ When Should You File?

You should file as soon as possible, but the statute of limitations in Florida gives you:

  • 2 years from the date of injury (after 2023 changes)

  • 4 years for property-only damage

  • 2 years for wrongful death

Missing these deadlines could mean losing your right to compensation entirely.


🧭 Where Do You File If…

ScenarioFiling Location
Rear-end car accident in ZephyrhillsStart with insurer → East Pasco Court if needed
Slip & fall in a Wesley Chapel storeStore’s insurer → County court if not resolved
Truck accident involving interstate companyCommercial insurer → State or Federal court
Nursing home abuse caseInsurer or facility → Circuit court

🔎 Why Brewer Law Firm Handles Filing for You

  • We handle insurance negotiations and all legal filings

  • We file where your case has the best chance of success

  • We avoid jurisdictional mistakes or delays

  • We manage deadlines, documents, and court compliance

  • We represent you through mediation, trial, or appeal

📌 You don’t have to figure this out alone. Let us build the case and file it properly.


❓ FAQs About Where to File a Personal Injury Claim

Q1: Do I always have to go to court for a personal injury claim?
A: No. Most claims are settled with the insurance company out of court — but we prepare for trial if needed.

Q2: What if the other driver doesn’t have insurance?
A: We may file a claim with your uninsured motorist coverage or pursue the driver personally.

Q3: Can I file in Zephyrhills even if the other driver lives elsewhere?
A: Usually, you file where the injury occurred or where the defendant resides — we determine this for you.

Q4: Do I need a lawyer to file a claim?
A: Not legally, but claims handled by attorneys generally result in larger, faster settlements.

Q5: How much does it cost to file?
A: Filing court cases includes fees, but injury lawyers like us work on contingency — no upfront fees.

📞 Let Us File Your Injury Claim the Right Way

Whether your claim starts with insurance or ends in court, Brewer Law Firm handles every step. Don’t risk your recovery on a misfiled form or missed deadline.