A personal injury case is strong when four things line up: another party owed you a duty of care, they breached it, the breach caused your injury, and you have documented losses. Florida adds two more tests that decide whether the claim is worth filing at all, a two-year deadline and a limit on how much of the fault can be yours. Both are covered below.
The most important thing to do is to consult with a personal injury attorney in Florida immediately. Contact Justin Weinstein at Weinstein Legal Team for a free case evaluation. Mr. Weinstein will review the facts of your case and advise you on the best way to proceed. There are many factors that impact the strength of a case and you want an experienced attorney on your side.
If you are wondering "how do I know if I have a lawsuit?" Mr. Weinstein is the attorney to turn to. With years of experience fighting personal injury cases in Florida, Mr. Weinstein knows how to fight back against insurance companies and navigate the legal process of suing a person or business for compensation.
Basic Factors In a Personal Injury Claim
When determining the strength of your personal injury case, first you must examine the basic factors of your case.
Consider whether or not the following elements apply to your case:
- The fact that another party may be held liable for your injury.
- Your injury negatively impacted your life from a financial or emotional standpoint.
- You have medical records that substantiate your injuries.
- There are witnesses to corroborate where and how your injury took place.
- You can prove you lost wages as a result of your injury.
- There is correspondence with an insurance company regarding the injury.
- There is a report from law enforcement regarding the accident.
- You have pictures of the scene of the accident.
The most important issue in any injury case is whether or not you can establish a personal injury liability claim. What this means is that you must prove another person or organization is responsible for your injury and that there was a reasonable expectation they could have taken steps to avoid the accident from occurring.
Proving Liability and Negligence
Even with medical bills and police reports it can be difficult to substantiate a personal injury claim, as you must prove the other party is liable. You should hire a personal injury attorney to represent you and fight for your rights. An attorney can gather the proof of liability, handle the insurer, and put the claim in a form a court would accept.
When asking yourself or your attorney "do I have a personal injury case?" you must examine these key elements:
- An individual's recklessness or carelessness caused your injury, such as unsafe driving.
- A person or business failed to properly maintain their property, posing unnecessary danger.
- The person or business you are filing a claim against is the one truly responsible and that their actions, or lack thereof, are the cause of your injury.
Determining Negligence
There are four components of negligence and you must prove each of them when fighting a personal injury lawsuit. The first is duty. Duty is as it sounds: the person or organization you are suing owed you a legal obligation to act reasonably and keep you safe.
The second part of proving negligence is establishing that the responsible party breached their duty. This means that the party you are suing failed to carry out their duty, either directly or by neglecting to maintain a safe environment.
Third, you must prove causation. What this means is that you must show your injury is the direct result of the breach of duty.
The last component of proving negligence is showing that there are tangible damages resulting from the accident. The damages in a personal injury case are your medical bills, lost wages, pain and suffering, and so forth.
Damage or Injury Requirements
Are you asking "do I have a personal injury case" because you are not sure your case is significant enough to warrant making a claim or even pursuing a lawsuit? You must look at both damage and injury requirements. An experienced personal injury attorney can advise you on whether your case is strong enough based on these criteria.
You may not think your case is severe; it's always best to ask an attorney because you may be entitled to compensation of which you are not even aware.
Damages
Proving damages in a lawsuit includes much more than the sum of your medical bills and lost wages. Damages can include mental and emotional pain and suffering. Damages are not only just monetary amounts. If you suffer trauma as the result of your injury this can affect how strong your case is. If you require therapy following an injury because of emotional distress, this is another case of incurred damages.
Injury
How strong your case is will also depend on the extent of your injury. For example, did your injury interfere with your ability to participate in daily life? Are you unable to drive, pick up your children, or go to work because of your injury? Or, will your injury continue to impact you well into the future? Will you be able to return to your job? Are you left with a lasting scar or loss of function in a body part?
A personal injury attorney will know to look at each of these things very carefully.
How Long Do You Have To File in Florida?
Two years. Florida Statute 95.11(5)(a) gives you two years from the date of the accident to file a negligence lawsuit, for a cause of action accruing after March 24, 2023; claims that accrued before that date ran on the older four-year period. Miss the deadline and the strength of the case stops mattering, because the court will not hear it. Products liability claims are the exception and still run four years under Florida Statute 95.11(3)(d).
How Much of the Fault Can Be Yours?
Under Florida Statute 768.81(6), you recover nothing if a jury finds you more than 50 percent at fault for your own injury. At 50 percent or less you still recover, reduced by your share, so a $100,000 verdict with 20 percent of the fault on you pays $80,000. This is why the insurer's first move is usually to argue you caused part of the accident, and why the likely split of fault is part of how strong a case really is.
Collectability
Lastly, to have a strong personal injury case, your settlement must be collectible. For example, you may ask for a settlement of $1 million. However, if the person you are suing does not have that money or their insurance policy does not cover it, you will not be able to collect the settlement.
For this reason, you need an attorney on your side to negotiate the best possible settlement with the opposing party or insurance company.
Hiring an Attorney
If you are wondering, "do I have a personal injury case?", contact Florida personal injury lawyer, Mr. Weinstein, at Weinstein Legal Team today for a free case evaluation. Mr. Weinstein will review each factor of your case with you. Our phones are available 24-hours a day 365-days a year.
Call 888-626-1108 today.
