Before anything else, people want to know one thing: do I even have a case. It is a fair question, and the law gives a fairly clear way to answer it. A personal injury claim is built on four elements, and if all of them are present, you likely have a claim worth pursuing. If one is missing, no amount of anger at what happened will make the case stand.
The four things every injury case needs
Florida negligence law, like the law in every state, rests on four elements. Each one has to be there, and each one has to be proven.
| Element | What it means |
|---|---|
| Duty | The other person owed you a duty of reasonable care |
| Breach | They fell short of that duty by acting unreasonably |
| Causation | That breach is what caused your injury |
| Damages | You suffered real harm the law can compensate |
A free consultation is exactly that, free, and it is also honest. If you have a strong case I will tell you, and if you do not, I will tell you that too, rather than string you along. Knowing where you really stand is the first thing I can do for you. Learn more about my background.
Duty and breach: someone owed you care and fell short
Every claim starts with a duty. A driver owes other people on the road reasonable care, a business owes its customers a reasonably safe property, a dog owner answers for the animal. Breach is the failure to live up to that duty, the driver who looked at a phone, the store that left a spill, the owner who let a dangerous dog roam. Without a duty and a breach, there is no negligence, no matter how badly someone was hurt.
Causation and damages: the breach caused real harm
It is not enough that someone was careless. Their carelessness has to be what caused your injury, and that injury has to translate into harm the law recognizes, medical bills, lost income, future care, and the pain and limitation a serious injury brings. A near miss that hurts no one is not a case. A real injury caused by someone’s breach of a duty is.
Comparative fault does not end your case
Many people assume that if they were partly at fault, they have no claim. That is not how Florida works. Under the modified comparative negligence rule, your recovery is reduced by your percentage of fault, and you are barred only if you are found more than fifty percent responsible. So sharing some of the blame narrows a case without necessarily ending it. Our page on comparative negligence explains how that works.
Common Questions
How do I know if I have a personal injury case?
A claim generally needs four things: someone owed you a duty of reasonable care, they fell short of it, that failure caused your injury, and you suffered real harm the law can compensate. If all four are present, you likely have a case. The only way to know for sure is to have the facts looked at, which is what a free consultation is for.
What are the elements of a negligence claim?
Duty, breach, causation, and damages. The other person had to owe you a duty of care, they had to breach it by acting unreasonably, that breach had to cause your injury, and the injury had to result in harm such as medical bills, lost income, or pain. Each element has to be proven, and the case is only as strong as its weakest one.
What if I was partly at fault?
You may still have a case. Florida follows a modified comparative negligence rule, so your recovery is reduced by your share of fault and is barred only if you are found more than fifty percent responsible. Being partly to blame is not the end of a claim, though it is something the other side will try to use.
Is the free consultation really free, and what happens in it?
Yes, it is free. We talk through what happened, look at the facts and any documents you have, and give you an honest read on whether you have a claim worth pursuing. If you do, we explain the next steps. If you do not, we tell you that too. There is no obligation either way.
What if I am not sure who was at fault?
That is normal, and it is part of what a lawyer sorts out. Fault is a legal question answered by evidence, the scene, the records, the witnesses, not by your first impression of the crash. Sometimes the responsible party is not the obvious one, and sometimes more than one party shares the blame.
Related: How an injury claim works, Comparative negligence, What is my case worth, and What happens if you file a lawsuit.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida’s modified comparative negligence rule appears in section 768.81 of the Florida Statutes. Whether the elements of a claim are met depends entirely on the facts of your situation. Every case is different, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements.
