How Long Does a Car Accident Settlement Take in Florida? (2026 Timeline)

Oct 29, 2024 | Auto Accident

One of the first questions clients ask us is: “How long will it take to get my check?” While we understand the financial pressure you are under, a fast settlement is rarely a good settlement. Insurance companies love to close cases in 30 days because it means they pay less.

At Juan Burgos Law, we believe in maximizing your compensation, not rushing it. In this guide, we break down the typical timeline for a Florida car accident case in 2026, from the crash to the deposit in your bank account.


Step 1: Medical Treatment (Months 1-6)

Before we can demand a single dollar, you must finish your treatment or reach Maximum Medical Improvement (MMI). This is the point where your doctor says, “You are as healthy as you are going to get.”

Why wait? If we settle while your back still hurts, and next month you find out you need surgery, you cannot go back for more money. We must know the total cost of your future care before negotiating.

Step 2: The Demand Package (Month 6-7)

Once you reach MMI, we gather all your evidence into a massive “Demand Package.” This includes:

  • Medical records and bills.
  • Proof of lost wages (past and future).
  • Photos of the accident and injuries.
  • A narrative of your “Pain and Suffering.”

We send this to the insurance company with a specific dollar demand.

Step 3: Negotiations (Months 7-9)

Under Florida law (2026), insurers have specific deadlines to respond, but they often drag their feet. They will usually counter-offer with a low number.

This is where we fight. We go back and forth, arguing the legal merits of your case. Most cases (about 90%) settle during this phase without ever going to court.

Step 4: Litigation (If Necessary)

If the insurance company refuses to pay what is fair, we file a lawsuit. This extends the timeline significantly (often 12-18 months more), but it shows them we are serious.

Note: Under the new 2026 Statute of Limitations, we must file this lawsuit within 2 years of the accident.

Step 5: Settlement and Payment (Month 9-12)

Once we agree on a number, the process moves quickly:

  1. You sign a “Release” form.
  2. The insurance company sends the check to our office.
  3. We pay your medical liens (doctors, health insurance) and deduct legal fees.
  4. You receive your check.

Tax-Free Money?

The good news: In Florida, settlements for physical injuries and medical expenses are generally tax-free. You do not pay IRS taxes on money meant to “make you whole” again.

Juan Burgos Law is with you at every step. We handle the paperwork and the arguments so you can focus on healing.

Don’t Settle for Less

Get a free timeline estimate for your specific case.

CALL NOW: 407-505-4190

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Results may vary depending on your specific facts and legal circumstances.