Do I Have a Personal Injury Case? 5 Factors to Determine  

Every single second in America, an accidental injury occurs, according to the National Safety Council. These injuries can range from minor bruises to severe, life-altering trauma. However not all accidents lead to a personal injury case. If you’re wondering whether your situation qualifies, Saavedra Law Firm is here to guide you through the process. We’ve spent years helping individuals like you seek justice and understand their legal options. Here’s a closer look at what personal injury cases involve and the top five factors we consider to determine whether you may have a case.  

What Constitutes a Personal Injury Case?

A personal injury case generally arises when someone is harmed due to another party’s negligence, recklessness, or intentional act. These cases aim to seek compensation for physical and emotional damages resulting from the injury.  

Types of Personal Injuries

Personal injury cases can emerge from a wide variety of scenarios, such as:

• Car Accidents – Collisions caused by negligent drivers, including distracted driving or DUI.  
• Slip and Fall Accidents – Injuries occurring on unsafe or poorly maintained property.  
• Medical Malpractice – Harm caused by a healthcare provider’s negligence, such as surgical errors or misdiagnoses.  
• Dog Bites – Injuries caused by an animal owner’s failure to control their pet.  
• Workplace Accidents – Incidents due to unsafe working conditions or insufficient safety protocols.  

If you’ve experienced an injury in one of these situations or something similar, it’s important to assess the factors that could establish liability.  

5 Key Factors to Determine Your Eligibility

To evaluate whether you have a personal injury case, lawyers typically analyze the following five factors:

1. Legal Duty

For your case to be valid, the other party must have owed you a legal duty of care. This means they were obliged to act in a way that prevented harm. For example:

• Drivers must operate vehicles responsibly to avoid accidents.  
• Property owners must maintain a safe environment for visitors.  
• Employers must create a safe workspace for their employees.  

If a duty of care existed in your situation, it’s the first step toward establishing eligibility.  

2. Breach of Duty

The next deciding factor involves determining whether that duty of care was breached. A breach occurs when the responsible party fails to provide the standard of care expected.  

For instance:

• A driver running a red light demonstrates a breach of duty.  
• A landlord ignoring broken stairs that later cause an injury is also a breach.  

Your lawyer will collect evidence such as eyewitness accounts, surveillance footage, or maintenance records to demonstrate negligence.  

3. Causation

Causation ties the responsible party’s actions (or inactions) directly to your injuries. It must be proven that their breach of duty led to the accident and your specific harm.  

For example:

• If a distracted driver rear-ends your car, resulting in a neck injury, their act of negligence directly caused your pain.  

An experienced personal injury lawyer can help connect these dots through investigations, expert testimony, and documentation.  

4. Damages

You must show that the accident caused actual physical, emotional, or financial damages. These are often categorized as:

• Economic Damages: Tangible losses like medical bills, lost wages, or property damage.  
• Non-Economic Damages: Intangible harm, such as pain and suffering or emotional distress.  

Keep track of all treatments, costs, and other impacts to strengthen this aspect of your case.  

5. Statute of Limitations

Finally, a lawyer will consider the statute of limitations, or the legal time frame you have to file a personal injury claim. This period varies by state and case type. Failing to act within the statute of limitations can bar you from pursuing compensation, so timely action is crucial.  

Steps to Take If You Believe You Have a Case

If you feel that your situation meets the above criteria, here are the next steps you should take to protect your case and maximize your chances of success:

Seek Medical Attention Immediately

Your health and safety should always come first. Promptly seeking medical attention also creates official documentation of your injuries.  

Collect Evidence

Take photos of the accident, your injuries, and any contributing factors. Gather witness information and save relevant documents like police reports or medical bills.  

Keep Records

Maintain details of all expenses related to your injury, including medical treatments, lost wages, and transportation costs.  

Consult a Personal Injury Attorney

Navigating personal injury law is complex, and insurance companies often aim to minimize payouts. An attorney ensures your rights are protected, handles negotiations on your behalf, and builds a strong case to secure fair compensation.  

Find Out if You Have a Case

Understanding whether you have a personal injury case boils down to assessing these five factors: legal duty, breach of duty, causation, damages, and the statute of limitations. If your situation aligns with these, it may be time to take action.  

At Saavedra Law Firm, our mission is to support personal injury victims through every step of the process. We’ll provide the guidance, experience, and advocacy you need to pursue justice and compensation confidently. If you think you might have a case, don’t wait. Contact us today.