Do I Have a Valid Personal Injury Case?

After an accident, one of the first questions people ask is, “Do I have a valid personal injury case?” It’s a natural concern—medical bills pile up fast, you may be unable to work, and you want to know whether the law can help you recover what you’ve lost.

If you were injured in Florida and are unsure whether your situation qualifies as a personal injury claim, this guide will help you understand what makes a case valid and what steps you should take next.

What Counts as a Personal Injury Case in Florida?

A personal injury case arises when someone is hurt because another person acted carelessly, recklessly, or intentionally. This can happen in many situations, including:

• Car accidents

• Truck or motorcycle accidents

• Slip and fall incidents

• Negligent security injuries

• Dog bites

• Workplace accidents (in certain circumstances)

However, being injured isn’t enough—you must be able to show specific legal elements for a valid claim.

The Four Elements You Must Prove

To pursue a successful personal injury case in Florida, all four of the following must be present:

1. Duty of Care

The at-fault party must have had a legal responsibility to act reasonably. For example, drivers must follow traffic laws, and property owners must keep their premises safe.

2. Breach of Duty

You must show the other party failed to act responsibly. Examples include:

• Speeding or distracted driving

• Running a red light

• Failing to fix a dangerous condition on a property

3. Causation

You have to demonstrate that their actions directly caused your injury. It’s not enough that they acted carelessly—you must connect that behavior to your harm.

4. Damages

You must have real, measurable losses, such as medical bills, lost wages, or pain and suffering.

If these four elements apply to your situation, you may have a valid case.

What To Do If You Think You Have a Case

If you believe the other party’s negligence caused your injury, here’s what you should do:

1. Seek Medical Attention Immediately

Not only is this important for your health, but medical records are key evidence.

2. Collect Evidence

Helpful examples include:

• Accident or incident reports

• Photos or videos

• Witness contact information

• Medical documents

3. Speak With a Personal Injury Attorney

Navigating a claim alone can be difficult, especially when insurance companies try to minimize payouts. An attorney can:

• Evaluate your case

• Gather and preserve evidence

• Calculate the full value of your damages

• Handle insurance negotiations

• File a lawsuit if needed

This support can make a major difference in the outcome of your claim.

What Compensation Can You Recover?

Depending on your case, you may be able to recover:

• Medical costs (past and future)

• Lost income

• Loss of earning ability

• Property damage

• Pain and suffering

• Emotional distress

Important Deadlines: Florida’s Statute of Limitations

In most Florida personal injury cases, you have two years from the date of the accident to file a lawsuit. If this deadline passes, you may lose the right to pursue compensation entirely. Acting quickly helps protect your claim and preserves crucial evidence.

What If You Were Partially at Fault?

Florida follows a modified comparative negligence rule. This means you can still recover compensation as long as you were not more than 50% at fault for the accident.

However, your compensation will be reduced by your percentage of responsibility. Example: If you were 20% at fault, your total compensation would be reduced by 20%.

Final Thoughts

Determining whether you have a valid personal injury case involves looking closely at how the accident happened, who was responsible, and what damages you suffered. If you’re unsure where your situation falls, speaking with a personal injury attorney is the best first step.

You don’t have to navigate the stress of an injury claim on your own—legal guidance can help you understand your rights and the strongest path forward.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.