Posted on Tuesday, May 27th, 2025 at 12:18 pm
If you’ve been injured due to someone else’s actions or negligence, you may be wondering: Do I have a personal injury case? Knowing whether your situation qualifies for a legal claim can be confusing, especially while you’re trying to recover physically and emotionally. Below, Tiemann Law Firm aims to help you understand the key elements that determine whether you have a viable personal injury case.
1. Was There Negligence or Wrongdoing?
The foundation of any personal injury claim is negligence. If another person, company, or entity acted carelessly or failed to act responsibly, and that led to your injury, this may be the basis of your case. Common examples include:
- A distracted driver causing a car accident
- A store failing to clean up a wet floor
- A dog owner not restraining a dangerous pet
2. Did You Suffer Measurable Damages?
To file a personal injury claim, you must have suffered actual damages—this includes physical injuries, emotional distress, lost wages, and medical bills. If you were nearly injured but walked away unharmed, you may not have a case.
Examples of damages include:
- Emergency room and medical treatment costs
- Physical therapy and long-term care
- Loss of income due to missed work
- Pain and suffering
3. Can Liability Be Proven?
Even if you’re injured, you must be able to prove the other party was at fault. Evidence such as police reports, witness statements, photos, surveillance footage, or expert testimony can help establish liability.
In some cases, you may share partial fault. Many states, including California, follow comparative negligence rules, which allow you to recover compensation even if you’re partly responsible, as long as you’re not more at fault than the other party.
4. Is Your Case Within the Legal Time Limit?
Every state has a statute of limitations—a deadline to file your personal injury claim. Missing this deadline could mean losing your right to compensation.
If you or a loved one wants more information about pursuing a personal injury case, contact the personal injury attorneys of Tiemann Law Firm for guidance and advice. Call us today to set up a free, same-day consultation at (916) 999-9000.
