Do I Have a Valid Personal Injury Claim?

December 5, 2023

You’re not alone if you’re wondering whether you have a valid personal injury claim. Many in Florida and Georgia find themselves in situations where they’ve suffered an injury due to someone else’s negligence but aren’t sure if they have a case. The Leach Firm, P.A. is here to provide clarity.

Identifying Negligence

An important point to know if you have a valid personal injury claim is to determine if there was negligence; personal injury law establishes that someone else’s lack of care or breach of their duty to act responsibly resulted in your injury. In Florida, the rules around negligence are unique. We’re not a pure comparative negligence state; we follow a modified approach. This means that if you, as the injured party, are found partly at fault for the accident, your percentage of fault can reduce your compensation, and there is no case if you are more than 50% at fault. This involves dividing the fault and the costs proportionally according to each party’s contribution to the accident.

Components of Negligence

To establish negligence in a personal injury case, four key elements must be proven:

  1. Duty of Care: The first step is to show that the defendant (the person or entity being sued) owed a duty of care to the plaintiff (the injured person). This duty varies depending on the situation. For example, a driver must operate their vehicle safely, while a store owner must maintain a safe environment for customers.
  2. Breach of Duty: Next, it must be demonstrated that the defendant breached this duty. A breach occurs when the defendant fails to meet the standard of care that a reasonable person would in similar circumstances—for instance, a driver texting while driving breaches their duty to drive safely.
  3. Causation: The third element involves proving that the defendant’s breach of duty directly caused your injury. This means showing a direct link between the defendant’s actions (or lack thereof) and your injury. For example, if a store owner ignored a wet floor, slipped, and was injured, this would be a clear case of causation.
  4. Damages: Finally, you must prove that you suffered actual damages due to the injury. Damages can be physical, such as bodily injury, or non-physical, like emotional distress or financial loss (like medical bills or lost wages).

Examples of Negligence

  1. Texting While Driving: A texting driver must pay more attention to the road. If this distraction leads to an accident, causing injury, this is a clear negligence case.
  2. Ignoring a Wet Floor: If a store owner or employee knows about a wet floor and does nothing to address it or warn customers, someone slips and gets injured, this is negligence.
  3. Improper Maintenance: If an injury occurs due to the failure of a property owner to maintain their premises safely, such as broken staircases or faulty wiring, this could constitute negligence.

Injuries and Damages

Your injuries and the resulting damages play a crucial role. Physical injuries, emotional trauma, lost wages, and medical expenses are common damages in personal injury cases. Documenting these thoroughly strengthens your claim, showing the impact of the incident on your life.

Statute of Limitations

However, it’s fundamental to remember that personal injury claims are subject to a statute of limitations in Florida and Georgia. This means you have a limited time to file your claim after the incident. Understanding these time limits is crucial to ensuring you take advantage of your opportunity for justice.

The Role of Evidence in Your Claim

Substantial evidence is vital in personal injury claims. This includes medical records, witness statements, and photographic evidence from the accident scene. Our team at The Leach Firm, P.A. can help gather and present this evidence effectively.

Consult with The Leach Firm, P.A.

Going through a personal injury claim can be complex. However, with the proper guidance, it’s manageable. At The Leach Firm, P.A., we serve the people of Florida and Georgia with over 100 years of combined experience in personal injury cases. Call The Leach Firm at 844-722-7567 or contact us online for a free case evaluation with a seasoned lawyer in Florida or Georgia.

Posted in News