Personal injury
Where is a car accident lawsuit filed in Florida?
The county where the defendant lives or where the crash happened. County court up to $50,000, circuit court above that. Some claims need a notice first.
A Florida car accident lawsuit is filed in the county where the defendant lives, where the crash happened, or where the property in the case is located (§ 47.011). If the defendants live in different counties, any of those counties works (§ 47.021). The amount decides the court: county court up to $50,000, circuit court above that. A few claims need something done first: a demand letter before suing your own insurer for PIP benefits, and a written notice to the agency before suing a city, a county or the state.
01 Which county
Which county can a car accident lawsuit be filed in?
Three places, and you can choose among them. Florida’s venue statute says an action is brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located (§ 47.011). In a car accident the cause of action accrued where the crash happened. So a crash in Miami-Dade can be sued on in Miami-Dade, whatever county the driver at fault lives in, or in the county where that driver lives.
The statute does not restrict a suit against someone who does not live in Florida. It says the section does not apply to actions against nonresidents (§ 47.011). A driver visiting from another state is not protected by the county rule, and the crash county is still available.
If there is more than one defendant, a suit can go where any one of them lives. Actions against two or more defendants who reside in different counties may be brought in any county in which any defendant resides (§ 47.021). That matters when a driver and the owner of the car, or a driver and an employer, live in different counties.
A court can move the case for convenience. Any court of record may transfer a civil action to another court of record in which it might have been brought, for the convenience of the parties or witnesses or in the interest of justice (§ 47.122). The county you pick first is not always the county the case stays in.
The county comes from where the defendant lives or where the crash happened, and often both are open.
02 A company
Where do you sue a company after a car accident?
A company has its own rule, and it also includes the crash county. A Florida corporation can be sued in the county where it has or usually keeps an office for its customary business, where the cause of action accrued, or where the property in litigation is located (§ 47.051). A corporation from another state doing business in Florida can be sued in a county where it has an agent or other representative, where the cause of action accrued, or where the property is.
So a delivery truck, a rental car or a company vehicle can be sued where the crash happened. That is the county that is the same for every defendant, which is why it is often the simplest choice when a driver, an owner and an employer are all involved (a semi hit me and the trucking company is calling).
Suing an insurance company over your own PIP is a different suit. It is a claim for benefits under your policy, and it has a condition that comes first. See the section on what has to happen before a lawsuit.
03 Which court
Is a car accident case filed in county court or circuit court?
The amount in controversy decides it. County court has jurisdiction over actions at law up to $50,000, not counting interest, costs and attorney fees, for cases filed on or after January 1, 2023 (§ 34.01(1)(c)). Circuit court has exclusive jurisdiction over actions at law that the county courts cannot hear (§ 26.012(2)(a)). The practical line is $50,000, and the statute adjusts it every ten years starting in 2030, never below $50,000.
An injury claim with real medical treatment usually lands in circuit court. The Hillsborough Clerk lists auto negligence and personal injury among the cases handled in Circuit Civil, which it says is for amounts over $50,000, and it lists civil suits up to $50,000 under County Civil. A claim for a small property-damage amount can be a county court case. Which side of the line an injury claim falls on depends on what the claim is worth, and that is not known in the first weeks.
The filing fee is set by statute and is the clerk’s to collect. For a circuit civil case with no more than five defendants the fee is up to $395, with a small added charge for each defendant after the fifth (§ 28.241(1)(a)). The clerk’s own fee schedule gives the exact amount.
04 What comes first
What has to happen before I can file a car accident lawsuit?
Suing your own insurer for PIP benefits needs a demand letter first. Written notice of intent to sue is a condition of filing an action for PIP benefits. It may not be sent until the claim is overdue, must state that it is a “demand letter under s. 627.736,” must go by certified or registered mail, and must set out the claim in detail. If the insurer pays the overdue claim with interest and a 10 percent penalty, up to $250, within 30 days of receiving it, no action may be brought (§ 627.736(10)).
Suing a city, a county or the state needs a written claim first. The state waives sovereign immunity only as the statute provides, and an action may not be started unless the claimant presents the claim in writing to the agency within three years after it accrues and the agency denies it in writing. A claim against a county or a municipality does not also have to go to the Department of Financial Services (§ 768.28(6)(a), (b)). The suit itself must be filed within four years (§ 768.28(14)).
There are limits on what a government defendant pays. The state, its agencies and its subdivisions are not liable to pay a claim or judgment by one person above $200,000, or above $300,000 for all claims from the same incident, unless the Legislature passes a claims bill (§ 768.28(5)(a)). The venue is also different: the county where the property in litigation is located or, if the agency has an office in that county, where the cause of action accrued (§ 768.28(1)).
An ordinary negligence claim has its own deadline. Most claims against a driver must be filed within two years, which is a separate clock from the notices above (how long you have to file a car accident claim in Florida). Many claims are resolved without a lawsuit, so the question of where to file is usually one for a lawyer to answer before the deadline, not a first step.
05 Miami-Dade
Where is a car accident lawsuit filed in Miami-Dade?
Circuit and county civil cases go through the Clerk’s office at the Osvaldo N. Soto Miami-Dade Justice Center. It is at 20 NW 1st Avenue in Miami. The Clerk’s page lists a Circuit and County Court office in Suite 6.240, telephone 786-292-4845, open Monday through Friday from 9 a.m. to 4 p.m., and lists Circuit Civil Court, County Court, small claims and civil summons and subpoenas among its services (Clerk’s page for the Soto Justice Center).
The South Dade Justice Center takes county court filings near Homestead. It is at 10710 SW 211th Street, Suite 1200, with the Civil Court counter in Room 1200. The Clerk lists County Court, small claims and civil summons and subpoenas among its services, and does not list Circuit Civil Court there (Clerk’s page for the South Dade Justice Center). A case above $50,000 belongs in circuit court, so check with the Clerk where it is filed.
The Lawson E. Thomas Courthouse Center is not the injury court. The Clerk lists it for family matters and domestic violence. A person who goes there with a car accident lawsuit is in the wrong building (Clerk’s list of locations).
Confirm the counter before you go. Hours and the services at each location are as the Clerk’s pages list them in November 2026, and they change.
06 Hillsborough
Where is a car accident lawsuit filed in Hillsborough County?
Hillsborough has two divisions, Tampa and East. The Clerk publishes a Court Boundary Lookup that shows whether a street address is in the Tampa Division or the East Division of the 13th Judicial Circuit (Court Boundary Lookup). The page does not say which address in a car accident case controls the division, so ask the Clerk or check with a lawyer before filing.
The Clerk has four offices. Downtown Tampa at 800 E. Twiggs Street and at 419 Pierce Street, Plant City at 301 North Michigan Avenue, and Brandon at 311 Pauls Drive. Customer service is open 8 a.m. to 5 p.m. Monday through Friday at Plant City and Tampa and 8 a.m. to 4 p.m. at Brandon. The Clerk offers ClerkExpress for appointments, including for civil cases (Clerk’s locations page).
The Clerk splits civil cases by amount, the same way the statute does. Circuit Civil, for amounts over $50,000, lists auto negligence and personal injury among its cases (Circuit Civil). County Civil handles civil suits up to $50,000 (County Civil).
Confirm the counter before you go. Hours and divisions are as the Clerk’s pages list them in November 2026, and the Clerk has been reassigning County Civil divisions, so assignments can change.
07 What it changes
Does it matter which county a car accident lawsuit is filed in?
It changes the practical things first. Where you and your witnesses travel, which clerk you deal with, which judges are assigned and where the evidence is. A crash in Homestead sued on in Miami-Dade is close to the people who saw it. The same crash sued on in a county where only the defendant lives may be far from them, and a court can transfer it for convenience (§ 47.122).
It does not change the statutes. The Florida statutes on PIP, comparative fault and damages are the same in every county. Where a point is decided by case law, the appellate district can matter, and that is a question for a lawyer. The question of where to file is mostly about convenience and about which defendants can be brought into the same case.
Do not file without a lawyer’s read of the deadlines. The venue question is simple. The deadline question is not: a notice that came late or a claim filed in the wrong court can cost more than a choice of county ever saves.
08 An example
A crash in Homestead, a driver from Broward, an employer in Miami
A woman is hurt in a crash in Homestead. The driver at fault lives in Broward County and was driving a van for a Miami company. The woman lives in Homestead. She can sue where the crash happened, in Miami-Dade, where the company has its office, also Miami-Dade, or where the driver lives, in Broward. Because the driver and the company reside in different counties, any county where either lives is open (§ 47.021).
Her claim is worth well over $50,000 because of a permanent spinal injury, so it belongs in circuit court. Circuit civil cases are handled at the Soto Justice Center in downtown Miami, not at the South Dade Justice Center, so her lawyer files there. This is an illustration of how the pieces fit together, not a real case.
A constructed example, written to show how the rule works. It is not a case this firm handled and it is not a promised result.
09 What to do now
- Write down where the crash happened, where each driver and each owner lives, and who the employer isThose facts decide which counties are open.
- Check the deadlines before the countyTwo years for most negligence claims. A written claim within three years for a city, county or state defendant. A demand letter before suing your own insurer for PIP.
- Estimate the amount, which decides the courtCounty court is up to $50,000. Above that it is circuit court. An injury with treatment is often above it, and the number is not known in the first weeks.
- If a city, a county or the state is involved, send the written claim firstDo not wait for the lawsuit. The suit cannot start until the claim is presented and denied in writing.
- Ask the Clerk where the case is filedIn Miami-Dade, the Soto Justice Center for circuit court and the South Dade Justice Center for county court. In Hillsborough, check the Tampa or East division with the Clerk’s lookup.
- Talk to a lawyer before anything is filedThe first consultation on an injury matter is free.
10 What an attorney would look into
- Which counties are open, based on where the crash happened and where each defendant lives or has an office
- Whether a company, an owner or an employer is also a defendant, and where each can be sued
- Whether the claim is above or below $50,000, which decides county court or circuit court
- Whether a city, a county or the state is a defendant, and whether the written claim has been made
- Whether a PIP demand letter is needed and whether the 30 days have run
- Which deadline controls, and how much time is left
11 The sources
- Fla. Stat. § 47.011 Venue: where an action is broughtThe county where the defendant resides, where the cause of action accrued, or where the property in litigation is located; not applicable to actions against nonresidents.
- Fla. Stat. § 47.021 Defendants in different countiesAn action against two or more defendants residing in different counties may be brought in any county in which any defendant resides.
- Fla. Stat. § 47.051 Venue for corporationsWhere a domestic corporation has an office, where the cause accrued, or where the property is; for a foreign corporation, where it has an agent.
- Fla. Stat. § 47.122 Change of venueA court may transfer a civil action for the convenience of the parties or witnesses or in the interest of justice.
- Fla. Stat. § 34.01(1)(c) County court jurisdictionActions at law up to $50,000 for cases filed on or after January 1, 2023, adjusted every ten years from 2030.
- Fla. Stat. § 26.012(2)(a) Circuit court jurisdictionExclusive original jurisdiction over actions at law not cognizable by the county courts.
- Fla. Stat. § 627.736(10) PIP demand letterWritten notice of intent to sue is a condition of filing an action for PIP benefits; the insurer has 30 days to pay with interest and a penalty.
- Fla. Stat. § 768.28 Claims against the state, counties and citiesWritten claim within three years and written denial first (6); suit within four years (14); $200,000 and $300,000 limits (5); venue (1).
- Miami-Dade Clerk of the Court LocationsThe Soto Justice Center for circuit and county civil; the South Dade Justice Center for county court and small claims.
- Hillsborough Clerk of the Circuit Court Circuit Civil and locationsCircuit Civil over $50,000 including auto negligence and personal injury; four offices; the Tampa and East divisions.
More questions
Can I file a car accident lawsuit in the county where I live?
Only if that county is one the statute allows: where the defendant lives, where the crash happened, or where the property in the case is located (§ 47.011). Your own county works if the crash happened there or the defendant lives there.
If neither is true, the statute does not make your county a venue by itself, except in an action against a nonresident.
What if the other driver lives in another state?
The venue section does not apply to actions against nonresidents (§ 47.011), so the county rule does not protect a driver from out of state. The crash county is still the natural place to file.
How to serve a driver who lives outside Florida is a separate question for a lawyer.
Where do I sue if more than one person was at fault?
If the defendants live in different counties, you can file in any county where any one of them lives (§ 47.021). A company can also be sued where it has an office or where the crash happened (§ 47.051).
Each defendant owes only its own percentage of fault, so the choice of county is about convenience, not about how the fault is divided.
Is a car accident case county court or circuit court?
County court takes actions at law up to $50,000 and circuit court takes the rest (§ 34.01(1)(c), § 26.012(2)(a)). The Hillsborough Clerk lists auto negligence and personal injury under Circuit Civil, which it says is for amounts over $50,000.
Whether a case is above or below $50,000 depends on what the claim is worth, which is not known in the first weeks.
Where do I file in Miami-Dade?
The Clerk’s Circuit and County Court office is in Suite 6.240 of the Osvaldo N. Soto Miami-Dade Justice Center, 20 NW 1st Avenue. The South Dade Justice Center takes county court and small claims filings in the south of the county.
The Lawson E. Thomas Courthouse Center is for family matters and domestic violence.
Where do I file in Hillsborough County?
The Clerk has offices in downtown Tampa, Plant City and Brandon, and divides cases between the Tampa Division and the East Division. Circuit Civil handles amounts over $50,000 and County Civil up to $50,000.
The Clerk’s Court Boundary Lookup shows which division a street address is in.
Do I have to send a notice before suing a city or a county?
Yes. You must present the claim in writing to the agency within three years after it accrues and the agency must deny it in writing before you can sue, and the suit must be filed within four years (§ 768.28(6), (14)).
The state, its agencies and its subdivisions also are not liable to pay more than $200,000 to one person or $300,000 for one incident unless the Legislature passes a claims bill.
Can I sue my own insurance company over PIP?
Yes, but a demand letter comes first. It cannot be sent until the claim is overdue, and if the insurer pays with interest and a penalty within 30 days of receiving it, there is no action (§ 627.736(10)).
It has to name the claim and the amounts in detail, which is why a lawyer usually prepares it.
How much does it cost to file a lawsuit?
A circuit civil filing fee is set by statute at up to $395 for a case with no more than five defendants (§ 28.241(1)(a)). The Clerk’s fee schedule gives the exact amount, and county court fees are set separately.
The first consultation on an injury matter with Jose A. Dapena is free, and representation is on a contingency fee, generally payable only on recovery, with case expenses governed by the written agreement.
Not sure where or when to file?
Tell Jose A. Dapena where the crash happened and who is involved. He will tell you which counties are open, which deadline is running, and whether anything has to be sent first. The call is free and there is no obligation.