Skip to main content

Exit WCAG Theme

Switch to Non-ADA Website

Accessibility Options

Select Text Sizes

Select Text Color

Website Accessibility Information Close Options
Close Menu
Roman & Roman, P.A.
  • Free Consultation

How to Establish a Personal Injury Case


If you were injured in an accident in the state of Florida due to someone else’s negligence, the medical bills, lost wages, and pain may be overwhelming. If someone else’s recklessness or carelessness led to your injury, you may have the right to compensation. While you should always visit with an experienced personal injury attorney following an accident caused by someone else’s negligence, the following is a quick guide to determine if you can establish a strong personal injury case.

Personal Injury Law

Personal injury law covers medical malpractice, slip and fall injuries, car accidents, dog bites, boating accidents, manufacturing defects and more. To make the determination that you have a valid legal claim in Florida for a personal injury claim, the following criteria must be met:

  • Duty: One person has a duty to not cause injury to another person.
  • Breach: Florida Statute section 768.81 states that if someone is negligent in that duty, they have caused a “breach of duty” which is a violation of the law.
  • Causation: You must prove your injury was directly caused by someone else’s negligence.
  • Damages: You suffered actual physical, emotional or financial harm.

Comparative Negligence Law

Under Florida Statute section 768.81, Florida follows a pure comparative negligence rule. This means that you can be held partly responsible for your own accident. If you were not wearing a seatbelt that caused your injuries to be greater than what they would have been if you had been wearing a seatbelt, you may be held partially liable. In these cases, you can still receive a monetary recovery, it will just be reduced by the percentage the court or insurance company determines you are responsible.

Serious Threshold Law 

Florida is a no-fault state, therefore, the threshold to prove “pain and suffering” is quite high. You have a burden to prove that your injuries are serious enough to receive compensation for “pain and suffering.” Oftentimes, a law firm can help you arrange for expert witnesses to testify regarding the severity of your injuries.

Statute of Limitations  

According to Florida Statute section 95.11(3)(a), you have four years from the date of the accident or injury to file a lawsuit. There are some exceptions to this four-year rule, and visiting with an experienced attorney can help you determine how long you have to file a lawsuit in your specific case.

Contact an Attorney 

If you have suffered any kind of personal injury in Florida due to the negligence, recklessness, or carelessness of another person, you should immediately contact a personal injury lawyer. Deadlines for filing claims are strict, and if you miss a statute of limitations deadline, you will likely lose your ability to file a lawsuit and obtain the compensation owed to you. The experienced attorneys at Roman & Roman are here to represent you. Our lawyers have over 100 years of combined legal experience and have recovered millions of dollars on behalf of our clients. Call Roman & Roman today at 877-767-1032 or contact us online for a free consultation; we serve clients in Tampa, Clearwater, and Hudson.

Facebook Twitter LinkedIn

Our Offices

Skip footer and go back to main navigation

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.