Pre-Suit Investigation for Florida Attorneys

A pre-suit investigation (also written "presuit investigation" or "pre suit investigation") is the work done between the first client meeting and the first filing. The attorney makes the legal calls. A licensed pre-suit investigator in Florida supplies the facts.

What is a pre-suit investigation?

It is a focused fact investigation carried out before litigation begins. Florida law defines private investigation to include obtaining information on the "credibility of witnesses or other persons," on responsibility for accidents, damage or injuries, and the business of "securing evidence" for civil or criminal trials (s. 493.6101(17), F.S.).

The term also has a narrower, statutory meaning. In Florida medical negligence cases, "presuit investigation" is a defined step that claimants and prospective defendants must complete before a lawsuit (s. 766.203, F.S.). Several other claim types carry their own pre-filing notice rules. We cover both meanings below.

Why do Florida attorneys investigate before filing suit?

Three rules make early fact work essential.

Sanctions exposure under s. 57.105

A Florida court shall award a reasonable attorney's fee against a losing party and that party's attorney, in equal amounts, when they knew or should have known a claim or defense "was not supported by the material facts necessary to establish" it (s. 57.105(1), F.S.). The statute protects an attorney who acted in good faith on the client's representations about those facts (s. 57.105(3)(b)). Independent verification gives counsel more than the client's word to rely on.

The duty of a meritorious claim

Rule 4-3.1 of the Rules Regulating The Florida Bar bars a lawyer from bringing or defending a proceeding "unless there is a basis in law and fact for doing so that is not frivolous" (Rule 4-3.1, R. Regulating Fla. Bar). The rule's comment says lawyers must inform themselves about the facts of their clients' cases. A pre-suit investigation is one way to do that.

Early initial disclosures

Under the current Florida Rules of Civil Procedure, each party must serve initial discovery disclosures within 60 days after service of the complaint or joinder, unless the court sets a different time. Those disclosures include the people likely to have discoverable information. A party is not excused because "it has not fully investigated the case" (Fla. R. Civ. P. 1.280(a)). Witnesses found before filing are witnesses you can disclose on time.

Which Florida claims have a statutory presuit process?

Several Florida statutes require notice, a waiting period or a documented investigation before suit. Each one has facts an investigator can help gather. The legal requirements and deadlines are for counsel to confirm and calendar.

Medical negligence (ss. 766.104, 766.106, 766.203 and 766.205)

• Reasonable investigation before filing. The filing attorney must make "a reasonable investigation as permitted by the circumstances" and certify it in the complaint (s. 766.104(1), F.S.).
• Presuit investigation by the claimant. Before serving a notice of intent, the claimant must investigate whether there are reasonable grounds to believe each named defendant was negligent and caused injury. A verified written medical expert opinion corroborates those grounds (s. 766.203(2), F.S.). The prospective defendant or its insurer must investigate in turn (s. 766.203(3)).
• Notice and the 90-day period. After the presuit investigation, the claimant notifies each prospective defendant by a verifiable method, such as certified mail or a process server. Suit may not be filed for 90 days after notice is delivered (s. 766.106(2)(a) and (3)(a), F.S.).
• Protected presuit work product. Work product "generated solely by the presuit investigation process" is not discoverable or admissible by the opposing party. Participants, expressly including investigators, are immune from civil liability for taking part (s. 766.205(4), F.S.).

An investigator is not the medical expert. Our role is factual. We identify every provider and the correct legal entity behind each one, locate witnesses, and confirm addresses of record. Section 766.106(2)(b) gives a rebuttable presumption of receipt when notice is delivered to an address on file with the Department of Health, the Secretary of State or AHCA.

Claims against the state, counties and cities (s. 768.28(6))

An action may not be brought against the state or one of its agencies or subdivisions unless the claim is first presented in writing to the agency. Except for claims against a municipality, a county or the Florida Space Authority, it must also go to the Department of Financial Services. The general deadline is within 3 years after the claim accrues, and 2 years for wrongful death (s. 768.28(6)(a), F.S.). Failure to make final disposition within 6 months is generally deemed a denial; for medical malpractice and wrongful death the period is 90 days.

The key investigative question is often which public body owns, maintains or operates the road, vehicle or building involved. We trace that through public records before notice goes out.

Construction defects (ch. 558)

A claimant must serve written notice of claim at least 60 days before filing, or 120 days for an association representing more than 20 parcels. The notice must describe each defect in reasonable detail and identify its location "based upon at least a visual inspection by the claimant or its agents" (s. 558.004(1), F.S.). Chapter 558 does not cover claims for personal injury (s. 558.002(1), F.S.). We document conditions with dated photographs and identify each contractor, subcontractor, supplier and design professional through licensing and corporate records.

Nursing home claims (s. 400.0233)

Before filing, a claimant must notify each prospective defendant by certified mail. The notice includes a certificate of counsel that "counsel's reasonable investigation" gave rise to a good faith belief that grounds exist. No suit may be filed for 75 days after notice is mailed (s. 400.0233(2) and (3)(a), F.S.). We identify the licensed operator, management company and owners, and locate former staff and visitors who may be witnesses.

What does a pre-suit investigator actually do?

The tasks are scoped by counsel. A typical assignment draws from this list:

• Locate and interview witnesses. We find people named in a report and people who were never named, and take written or recorded statements with the speaker's consent.
• Document the scene. Dated photographs, video and measurements of the location before repairs, repaving or remodeling change it.
• Find and preserve camera footage. We canvass for business, residential and traffic cameras and identify who controls each system, so counsel can send preservation requests before overwrite.
• Identify every potentially liable party. Property owners, tenants, management companies, contractors and security vendors.
• Confirm correct legal names and registered agents. Florida entity filings on Sunbiz show a company's exact name, status, officers and registered agent.
• Run background and prior-claims checks. Civil, criminal and licensing history on parties and key witnesses, plus prior lawsuits that show a pattern or a credibility problem. See background investigations.
• Assess collectability. Real estate, vehicles, vessels, business interests, liens and judgments, so counsel can weigh whether a judgment is worth pursuing. See asset checks.
• Preserve public social media that bears on the claim, with date, URL and method.
• Get service-ready. Current addresses for defendants and witnesses, and skip tracing for people who have moved.
• Observe where relevant. Lawful surveillance in public places when activity level or conduct is at issue.

What evidence disappears if you wait?

Most pre-suit work is a race against ordinary loss.

• Video. Many commercial and home systems record over themselves on a rolling cycle. Once overwritten, the footage is usually gone. Our surveillance video retrieval work starts with finding the camera owner fast.
• Witness memory. Details fade, and accounts drift toward what others have said. A statement taken early is usually more specific.
• Witness availability. Tourists leave, tenants move and employees change jobs.
• The scene. Spills are cleaned, lights are fixed, signage goes up and roads are resurfaced.

Is a pre-suit investigation protected as work product?

Retention through counsel matters. Florida's trial-preparation rule limits discovery of documents "prepared in anticipation of litigation" by or for a party's representative, including its attorney, consultant, insurer or agent. The other side must show need and undue hardship. Even then, the court must protect the attorney's mental impressions and legal theories (Fla. R. Civ. P. 1.280(c)(4)).

The protection has limits. Under the same rule, a person may obtain a copy of their own previous statement. In medical negligence cases, s. 766.205(4) adds its own protection for presuit work product. Whether a given document is protected is a question for counsel and the court. We address reports to the retaining attorney.

How does pre-suit investigation help the defense and insurers?

Defense counsel and carriers often receive a demand or a statutory notice before any lawsuit exists. That window is a chance to evaluate the claim on facts.

• Interview the insured's employees and independent witnesses while the event is recent.
• Preserve the insured's own video and records, and identify third-party cameras.
• Confirm whether other parties, such as a contractor or tenant, share responsibility.
• Where the claimed limitations are at issue, document activity lawfully in public places.

In medical negligence matters the prospective defendant or its insurer has its own presuit investigation duty during the 90-day period (s. 766.203(3) and s. 766.106(3)). See our insurance defense investigation page for carrier work.

What a Florida PI can and can't legally do before suit

Investigators are licensed under Chapter 493, Florida Statutes. A license grants no subpoena power and no police authority.

For the full licensing framework, see our guide to Florida Statute 493.

How does a pre-suit engagement work, step by step?

1. Confidential intake with counsel. The attorney outlines the claim, the parties known so far and any notice or limitations deadline.
2. Scope in writing. We agree the questions to answer, the tasks and the reporting format. The engagement runs through the firm.
3. Urgent preservation first. Camera canvass, scene photographs and first witness contacts happen before slower records work.
4. Records research. Entity filings, property records, licensing, court dockets and background checks on parties and witnesses.
5. Interviews and statements. Witnesses are located and interviewed, in English or Spanish, with statements taken by consent.
6. Report and exhibits. A sourced written report with original media, a log of what was done and a list of parties with correct legal names.
7. Testimony if needed. The investigator can later testify about what they personally did and saw.

What affects the timeline and scope of a pre-suit investigation?

Every assignment is scoped with counsel and quoted individually. We do not publish rates. Time depends on:

• The questions asked. Confirming one defendant's name is narrower than mapping a group of related companies.
• Urgency. A near notice deadline or a camera about to overwrite may call for several investigators at once.
• Number of witnesses. Each locate and interview adds field time.
• Deliverables. A court-ready report with exhibits takes longer than a briefing.

Why do Florida attorneys use us for pre-suit work?

• FDACS agency license A1800135
• ★ 4.9 from 88 Google reviews
• Veteran-led team
• Investigators who work in English and Spanish

We support both sides of the bar. Attorneys have recorded video testimonials about our work. For the wider range of litigation support, see investigations for attorneys.

Related services

Available across Florida

Pre-suit assignments are managed from our office at 4000 Ponce de Leon Blvd, Suite 470, Coral Gables. Our investigators go where the witnesses, scenes and records are.