And Then There Was An Accident… Do I Have a Personal Injury Claim?

You got hurt. Maybe you were rear-ended, or, perhaps you tripped and fell because of a crack in the sidewalk. You’ve seen the dramatized advertisements on TV that lead you to believe you now have a Personal Injury case. But do you really, and if so, what should you do?


Just because you got hurt does not necessarily mean you have a Personal Injury claim.


This educational Personal Injury blog series will help guide you from accident to settlement. The content is based on personal experience and anecdotal evidence, so while your particular situation may not be suited to every example illustrated, it will at least prove a handy reference in the event you are hurt because of someone else’s actions.


Who has a Personal Injury Claim?

The first thing to remember: Just because you got hurt does not necessarily mean you have a Personal Injury claim. It’s not unusual for a law firm like ours to deal with people who caused a particular accident and then believe that, because they are hurt, they are entitled to untold riches. It simply doesn’t work that way.

In order to bring a successful Personal Injury claim a few very important things need to happen. Lawyers are very fond of using legalese — fancy words and incomprehensible language. You may have heard the terms, “duty, breach, causation, damages, etc.”

However, to put it simply, to bring a Personal Injury claim, you need to be hurt because someone else did something they shouldn’t have done. That’s Personal Injury Law in a nutshell.


You Do Not Have A Successful Personal Injury Claim If…

There needs to be an accident and you need to be hurt because of it. But that’s just the beginning. You need to prove both the guilt of the at-fault party and the extent of the injuries they caused you to suffer.

These three different scenarios will not lead to successful Personal Injury claims.

If you…

  • Caused the accident
  • Got into a car accident and can’t prove that the other party was at fault (even when they were)
  • Got into a car accident, can prove that the other person was at fault, but can’t prove the type and extent of your injuries.


Keep Expectations in Check: Personal Injury Misconceptions

It is a common misconception that it’s easy to get huge settlements from Personal Injury cases. The so-called “Tort Reform” advocates would have us believe that Personal Injury claims are the very reason for all of the country’s economic woes. Listen to them enough and it’s easy to walk away thinking that getting a huge settlement for pain and suffering is a piece of cake.


It is always better to have not gotten into the accident in the first place.


We have all seen advertisements where some happy actors claim that because of their car accident, they are now multi-millionaires. There’s great music and great images to go along with the spokesperson. By the end of the commercial, you’re probably thinking to yourself, “Wow – I fell the other day and scraped my knee. All my money problems can be solved!” Lawyers deal with this line of thinking more often than you think. The real truth of the matter: it is always better to have not gotten into the accident in the first place.

Related – Adding up the Damages: What Your Personal Injury Claim is Worth


Being Awarded Pain and Suffering Isn’t Easy

It is incorrect to assume that being awarded pain and suffering damages is easy. In the overwhelming number of auto accident cases tried before a jury in Florida, the jury finds that the plaintiff did not suffer a permanent injury.

Section 627.737 Florida Statutes bars a plaintiff in most car accident cases from receiving pain and suffering damages unless they can prove to a jury one of the following:

  • Significant and permanent loss of an important bodily function
  • Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
  • Significant and permanent scarring or disfigurement
  • Death


If You Have A Personal Injury Claim, Contact an Experienced Attorney

If you find yourself in the unfortunate predicament of being hurt by someone else’s actions, contact The Ticktin Law Group.

Our experienced Personal Injury attorneys can go over the facts of your particular claim to help you get a much better idea of the steps to take. For a free consultation, call (561) 232-2222 or complete the contact form below.


About the Author

Attorney Grant J. Skolnick is the Director of the Personal Injury Department for The Ticktin Law Group. Mr. Skolnick focuses on personal injury, wrongful death and products liability law.

He is committed to providing each of his clients with the exceptional customer service, attention to detail, and dedication they rightfully deserve.

Editor’s note: updated on August 23, 2018