ARTICLE
29 April 2025

The Lawsuit Timeline: What Really Happens Between Filing And Trial (And Why It Takes So Long)

AL
Ayala Law

Contributor

Ayala Law PA is an established, Miami-based litigation law firm founded 12 years ago by Peruvian immigrant and distinguished attorney, Eduardo A. Maura, Esq.

At Ayala, we believe that everybody deserves top-tier legal representation, providing our services at accessible prices, without compromising the quality of our work.

Backed by an AV Preeminent rating and acknowledgment from Best Lawyers, we specialize in providing high-caliber legal services in litigation, focusing on business litigation, construction litigation, real estate litigation, as well as class action litigation. Our attorney, Eduardo Maura, has been recognized by Best Lawyers for two consecutive years, highlighting his outstanding contributions to the legal field. Additionally, Ayala Law has also been recognized as one of America's Best Law Firms for 2025 by Best Lawyers.

If you've ever been involved in a lawsuit—or are thinking about filing one—you might be asking yourself, "Why does this take so long?" That's a fair question.
United States Corporate/Commercial Law

If you've ever been involved in a lawsuit—or are thinking about filing one—you might be asking yourself, "Why does this take so long?" That's a fair question. Whether it's a business dispute, a real estate conflict, or a contract gone wrong, most people are surprised by how much time passes between the moment a lawsuit is filed and the day it finally reaches trial (if it gets there at all).

At Ayala Law, we guide our clients through this long and often confusing process. In this article, we'll break down what actually happens between filing and trial, explain why lawsuits take so long, and give you a realistic picture of what to expect.

How Long Does a Lawsuit Take in Florida?

If you're Googling "how long does a lawsuit take in Florida?"—you're not alone. This is one of the most common questions we get.

Short answer: Anywhere from several months to several years depending on the type of case, the court's schedule, and how the other side behaves.

The legal system is not fast by design. It's slow on purpose—to give both sides a chance to gather evidence, make arguments, and prepare thoroughly. While this makes the process more fair, it also makes it take time.

What Happens After a Lawsuit Is Filed?

Once your attorney files the lawsuit (also known as a complaint), you've officially started the legal process. But the case doesn't just get a court date right away.

Here's what happens next:

Step 1: Service of Process

This is where the other side (the defendant) is formally notified that they're being sued. They have 20 days to respond in Florida state court. If they dodge service or delay, this step alone can drag out.

Step 2: Defendant Responds (or Doesn't)

If the defendant files an Answer, they officially respond to the allegations. But they may also file a Motion to Dismiss to try to get the case thrown out early, which can take weeks or months for the court to hear and decide.

Why Does Discovery Take So Long?

"Why is my lawyer sending so many emails and requests?" You're probably in discovery, one of the longest and most critical phases of the lawsuit.

What Is Discovery in a Lawsuit?

Discovery is when both sides exchange evidence. Think of it as the legal version of building your case file: documents, emails, contracts, bank records, even sworn statements from witnesses (depositions).

Discovery Delays Are Common

This stage can take 6 months to over a year depending on:

  • How complex the case is
  • How cooperative (or uncooperative) the other side is
  • How many documents or witnesses are involved

Courts usually don't intervene unless things get extreme, so if the other side is dragging their feet—it slows everyone down.

Can a Lawsuit Settle Before Trial?

Absolutely—and most do. Up to 95% of civil lawsuits settle before going to trial.

During the lawsuit, both sides may come to the table for:

  • Mediation (a court-ordered or voluntary attempt to settle)
  • Negotiation through their attorneys
  • Settlement offers exchanged during discovery

At Ayala Law, we advise clients not just on their chances at trial, but on when a strategic settlement makes more sense. Our job is to keep your best interest in mind—whether that means going to court or closing the case early.

Why Is My Trial Date So Far Away?

If you've been given a trial date that's 12 to 24 months out, you're not being singled out. In Florida, court dockets are often overcrowded—especially in major counties like Miami-Dade, Broward, and Orange.

Reasons for Delayed Trial Dates:

  • Court backlog
  • Judge availability
  • Complexity of your case
  • Pending motions or discovery issues
  • Continuances (delays requested by either party)

We often tell clients: trial is not a straight line. It's more like a winding road, and our role is to navigate every turn with clarity and strategy.

What Should I Do While Waiting for Trial?

This is a key question, and we always encourage our clients to stay proactive, not passive.

Here's what you can do:

  • Stay in touch with your lawyer. Communication is key.
  • Gather any evidence you didn't provide earlier.
  • Let us know if new witnesses or facts come to light.
  • Be patient but stay informed. Ask for updates periodically.
  • Trust the process. It's slow, but there's a reason for each step.

We know it's frustrating, but a rushed case is rarely a strong case. Every filing, hearing, and strategy session is part of building your position.

Is There Anything My Lawyer Can Do to Speed It Up?

To a degree, yes. At Ayala Law, we stay on top of:

  • Filing motions on time
  • Pushing for hearings when the other side delays
  • Keeping communication flowing between parties
  • Being trial-ready—because the other side can sense it

But some delays are beyond any lawyer's control, especially when it comes to the court's calendar.

The Real Reason Lawsuits Take So Long

Behind every lawsuit is a mix of:

  • Human behavior (cooperation or lack thereof)
  • Legal complexity
  • Strategic decision-making
  • Limited judicial resources

It's not that lawyers or judges don't care. It's that the system is designed for fairness over speed. Still, with the right legal team, you can feel confident that progress is being made—even if it's not always visible.

Final Thoughts: Be Prepared, Not Surprised

If you're entering a lawsuit or already in the middle of one, the most important thing to remember is this: Lawsuits are marathons, not sprints. But you don't have to run them alone. At Ayala Law, we handle the heavy lifting so you can focus on your life and business. Our clients trust us to not just fight for them—but to keep them informed, supported, and ready for every stage of the process.

 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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