Do You Have a Personal Injury Case? 3 Questions to Ask
At DeWitt Law Firm, we talk to injured people every day. Some were in car crashes. Others slipped at a store or were bitten by a neighbor’s dog. And one of the first questions we always hear is:
“Do I even have a case?”
It’s a fair question, and one we’re here to help you answer. While every situation is different, most personal injury claims boil down to three key questions. If you can answer “yes” to all three, you might have a solid case and a right to compensation.
Let’s walk through them, plain and simple.
Was Someone Else Negligent?
Negligence is legal speak for “someone didn’t do what they were supposed to.” It doesn’t mean someone intentionally tried to hurt you—it just means they acted carelessly or failed to act when they should have.
Here are a few examples of negligence in action:
- A driver runs a red light and T-bones your car.
- A grocery store employee forgets to mop up a spill, and you slip.
- A landlord ignores a faulty smoke detector, leading to fire injuries.
- A dog owner fails to secure their aggressive pet, and it bites you.
Florida law requires people and businesses to act with reasonable care. If they don’t and you get hurt because of it, that’s negligence.
But proving negligence isn’t always cut and dry. Sometimes the at-fault party will deny wrongdoing or argue that you were partially to blame. That’s where having an experienced attorney can make a real difference.
Were You Injured as a Result?
This part seems obvious, but you’d be surprised how often people overlook it.
To file a personal injury case, you must be able to show that you were actually hurt. This could mean physical injuries (like broken bones or burns), emotional distress (like anxiety or PTSD), or even long-term conditions (like chronic pain).
Here’s what counts as a valid injury:
- Emergency room visits
- Surgeries or medical treatments
- Therapy or counseling
- Missed work because of pain or healing
- Long-term disability or scarring
A big mistake people make? Not seeing a doctor right away. Insurance companies love to argue that your injuries weren’t serious. or didn’t happen at all, if you wait too long for treatment.
Even if your injury seems minor at first, get checked out. Your health matters, and medical records are key to building your case. Consider them as evidence of your injuries!
Are There Damages, Like Medical Bills or Lost Wages?
You can’t file a personal injury lawsuit just because someone made a mistake. You must also demonstrate that the mistake caused you actual harm.
This is where the money side comes in. “Damages” are the legal term for the losses you suffered, financial or otherwise, as a result of your injury.
Common examples of damages include:
- Medical bills (hospital stays, surgery, prescriptions)
- Physical therapy and rehab
- Lost income from missed work
- Property damage (like your car)
- Pain and suffering
- Loss of enjoyment of life
The more documentation you have (receipts, doctor notes, employment records), the stronger your claim will be. And in many Florida cases, even non-economic damages like emotional pain are compensable, especially in serious injury cases.
Bottom Line: If You Answered “Yes” to All Three…
You probably have a case. And we’d love to help you explore your legal options.
At the DeWitt Law Firm, we’ve helped many clients get back on their feet after an accident. We handle everything from car crashes and slip-and-falls to dog bites, fire injuries, and more. We offer free consultations, and we don’t get paid unless you do.
So if you’re sitting at home wondering, “Do I really have a case?” — there’s no harm in finding out. It only takes one call to get the answers you deserve. So, give us a call today!
Because when life knocks you down, we help you stand back up.