What is the typical process and timeline if my business or I go to litigation?

If you or your business are staring down a lawsuit in Florida, you’re probably wondering two things: How long is this going to take, and what’s about to happen to me? Litigation is rarely quick, and it’s almost never painless. But if you know the playbook, you can make smarter moves from day one.

Most cases don’t start in the courtroom. They start with communication. This is the pre‑suit phase—demand letters go out, negotiations happen, and sometimes mediation takes place. A few disputes settle here. Most don’t. If the other side smells weakness or thinks they can win, we file suit.

Once the complaint is filed and served, the clock starts ticking. In Florida, the defendant has 20 days to respond. Sometimes they answer the allegations; other times they file a motion to dismiss. That move can stall things for months while the court decides whether the case goes forward.

After that, we get into discovery—the trenches of litigation. This is where both sides dig in, trading documents, sending written questions, and taking depositions. Experts often get involved here too, which can drive up both the cost and the timeline. In Florida circuit court, discovery alone can take six months to over a year. It’s slow, it’s expensive, and it’s where many of the real battles happen.

When discovery ends, we move into pretrial mode. Motions start flying: requests to throw the case out, block certain evidence, or limit what can be argued at trial. Florida courts also require mediation before trial. Many cases settle at this stage, not because one side suddenly believes they’re wrong, but because the trial is expensive, unpredictable, and exhausting.

If we don’t settle, we go to trial. That could mean a three‑day bench trial or a three‑week jury trial. In Florida, it’s normal for a case to take 12 to 18 months from filing to reach trial, and longer if the court is backed up. Trials are high‑pressure and high‑stakes, but they’re also the moment where all the strategy comes together.

And here’s the kicker—winning at trial doesn’t always mean you’re done. Post-trial motions and appeals can drag the case out for another year or more. Appeals are about legal mistakes, not re-arguing the facts, but they can keep the dispute alive long after you’ve heard “verdict.”

The truth is, litigation in Florida is a marathon, not a sprint. Costs can spiral, the process can take over your life, and delay tactics are part of the game. But with the right strategy—and the right attorney—you can control the pace, the pressure, and your leverage at every stage.

At Smith Campbell, we’ve walked clients through every phase of litigation, from the first demand letter to jury verdicts and appeals. If you or your business are facing a lawsuit in Florida, the time to get your plan in place is now—not after the other side makes their first move.

For more information, contact litigation attorney Daniel J. Kersey at 352.787.1241 or danielk@smithcampbellpa.com.

Daniel J. Kersey, Esq., Litigation