Not every car accident or slip and fall results in a massive, multi-million dollar lawsuit. Sometimes, you are involved in a minor fender-bender or sustain a sprained ankle that results in a few thousand dollars in medical bills. If the insurance company is giving you the runaround and “low-balling” your settlement offer, it may be nearly impossible to find a personal injury attorney willing to take the case on contingency because the payout is too small. In these situations, Florida Small Claims Court is your best weapon to secure a fair settlement without paying hefty legal fees.
The $8,000 Jurisdictional Limit
In Florida, the jurisdictional limit for Small Claims Court is strictly capped at $8,000 (excluding court costs, interest, and attorney’s fees).
If your total damages—including medical bills, lost wages, and pain and suffering—equal $8,000 or less, you can file your case in the Small Claims division of your local County Court. If your damages are $10,000, you are legally permitted to intentionally reduce your demand to $8,000 just to take advantage of the simplified, faster Small Claims process. However, if you choose to do this, you forfeit the right to ever collect the remaining $2,000.
The Pro Se Advantage
Small Claims Court is designed specifically for “Pro Se” litigants (people representing themselves without a lawyer). The Florida Rules of Small Claims Procedure are relaxed compared to Circuit Court. You do not need to understand complex legal jargon or strict evidentiary procedures.
To initiate a claim, you simply file a “Statement of Claim” with your county clerk. This document tells the judge exactly who you are suing, why they are at fault, and the exact dollar amount you are demanding. You must then serve a “Notice to Appear” to the defendant (or their insurance company).
The Pre-Trial Conference and Mediation
Once the defendant is served, the court will schedule a Pre-Trial Conference, usually within 50 days. It is mandatory that you attend. If you fail to show up, the judge will dismiss your case immediately.
At this conference, the judge will ask the defendant if they admit or deny the claim. If they deny it, the court will almost always order both parties into immediate, on-site mediation. Many insurance companies will simply agree to pay the $5,000 or $8,000 you are demanding at this mediation stage because paying a defense attorney to go to a full trial over a few thousand dollars is a poor financial decision. Before filing your Statement of Claim, rigorously calculate your exact damages using our 2026 valuation tools so you know exactly what number to demand.