Tampa, FL
Consultations available 24/7
KFB Law

How Do I Know If I Have a Car Accident Case?

Reading Time: 3 minutes

by Marcus Fernandez
Auto Accidents, Personal Injury
Car damaged in an accident. Learn how to know if you have a car accident case.

One of the first questions lawyers hear from people who have been injured in an accident in Florida is, “Do I have a car accident case?” The way the response is worded might differ, but the answer lawyers usually give is, “It depends.” There are many facts and circumstances of a car accident case that must be reviewed in order to conclude whether there is a legal basis for filing a lawsuit for damages. Here is a brief overview of what goes into reaching a conclusion.

A few things to consider about your accident

There are few general questions that must be answered when trying to determine if you are entitled to sue another party for the injuries you suffered in a car accident. Included among them are the following:

  • What type of injury did you suffer? 
  • How did the accident happen?
  • Were there any witnesses?
  • When did the accident take place?
  • Did you receive medical treatment for the injuries?
  • Did you miss time from work because of your injuries?

Each of the questions raises legal issues that your lawyer must address in evaluating your claim and your right to sue. For example, Florida currently has a no-fault insurance law that places conditions on the ability of an accident victim to file a lawsuit. This could change, however, because there is legislation pending to repeal the law.

Under the Florida’s no-fault law, your own insurance company would pay for medical care and lost wages if you are injured, regardless of who caused the accident. The law allows you to sue the other driver if the injuries you suffer are permanent. The law defines “permanent injuries” as follows:

  • Significant and permanent loss of an important bodily function.
  • An injury that is permanent within what is a reasonable medical probability.
  • Significant scarring or disfigurement
  • Death

Even if you suffered an injury that is permanent as defined by the no-fault law, your attorney must evaluate how the accident happened in order to prove fault.

Proving someone was at fault

Accidents can happen through no fault on the part of anyone other than the injured party. Simply because you suffer a serious injury does not automatically give you the right to sue.

There must be evidence to prove another party’s negligence caused or contributed to the accident. Every driver is expected to operate a motor vehicle in a manner that does not cause harm to others, including obeying the traffic laws, keeping the vehicle under control and maintaining a lookout for other vehicles and pedestrians using the roads and highways. Drivers who do not abide by this standard of care and cause an accident might be liable to pay compensation to victims in an accident.

Common driver behaviors that could deviate from the standard of care include:

  • Driving under the influence of drugs or alcohol
  • Texting while driving
  • Speeding or reckless driving
  • Failing to yield the right of way

Witnesses who might have seen how an accident happened can prove valuable in establishing fault on the part of another party.

Waiting too long to see a lawyer could prevent a lawsuit

The law imposes time limits on how long a car accident victim has to commence a lawsuit for damages. The Florida statute of limitations is four years for auto accidents. You lose your right to sue if you do not file a lawsuit within four years from the date of the accident.

There are circumstances under which the running of the statute of limitations does not begin right away. For example, children have additional time to file a lawsuit stemming from an auto accident. If you’re concerned about the time that has lapsed since your accident, an attorney is the best source of information about the application of the statute of limitations.

Protecting your rights to sue for damages in a car accident case

The more information you can provide your personal injury lawyer about the car accident and any injuries you have suffered, the better able the lawyer will be to determine if you have a car accident case. Some of the things you should do following an accident include:

  • Stay at the scene of the accident and follow the directions given to you by police and emergency personnel.
  • Some injuries, such as whiplash or head injuries, may not cause symptoms right away, but they can be serious injuries. Refrain from saying that you “feel fine” to anyone at the scene.  Go to a hospital, or see your doctor, to be examined to determine the extent of your injuries.
  • If you are physically able to do so, exchange information with the other drivers involved in the auto collision. If you have severe injuries and you are taken from the scene by ambulance, the information will be obtained by the police.
  • Make a sketch with notes describing how the accident happened and showing the location of the vehicles after the accident. This will help to refresh your recollection when you are providing details of the accident to your lawyer.

Speak to a personal injury lawyer

The first thing you need to do following a car accident is to seek medical care. After you have been evaluated by a doctor, contact a personal injury law for a free car accident case evaluation.

Related Blog & News Posts

  • auto accident myths florida law
    September 10, 2025

    Florida Auto Accident Myths

    Common Myths About Auto Accident Claims Navigating the aftermath of a car accident is stressful enough without misinformation clouding your next steps. Unfortunately, many Florida drivers are influenced by common myths about auto accident claims, and those misconceptions can hurt your chances of getting the support you need. At Kinney, Fernandez & Boire, P.A. (KFB…

  • September 5, 2025

    Who Is at Fault in a Self-Driving Car Accident in Florida?

    As autonomous cars become more common on Florida roads, new questions are emerging around responsibility and liability. If you’re involved in an accident with an autonomous vehicle, who is at fault in a self-driving car accident? This question is more complicated than it might seem. Traditional car accidents usually involve a human driver who can…

  • September 5, 2025

    The Most Dangerous Intersections in Tampa

    Navigating Tampa’s bustling streets requires heightened awareness, especially at certain intersections notorious for frequent accidents. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), a crash occurs every 44 seconds in Florida, with one in seven involving distracted drivers. ​Additionally, over 300 people lost their lives in distracted driving crashes, an increase…

Real Client Stories

We believe in providing exceptional service. Read firsthand accounts from clients who have entrusted us with their cases and experienced our commitment to client care.
Rating
This law office is undoubtedly my number 1 go to and recommendation for anyone. The team is caring and attentive to your individual needs and efficient in their work. Ive gone here fortunately but unfortunately one to many occasions but they’ve had me evey single time. I couldn’t ask for better service. Thank you.
T
Tracy grutman
Rating
This office assisted me in pursuing a case after a car accident and helped answer all of my questions. From start to end of the case (which was completed in 6 months!), I felt like Marcus had my back and truly was there to represent and advocate for me. 10/10 would recommend to anyone in need of legal support.
A
Addison Hobbs
Rating
Marcus Fernandez is the MAN with the plan…Kinney, Fernandez &Boire,P.A and the GANG Was A Miracle Blessings Too ME!!!!!I would recommend them to anyone…Special Thanks To Mrs.DEE She kept me Encouraged &Motivated the whole way through definitely GREAT PEOPLE TOO HANDLE BUSINESS WITH
O
O C
Florida Bar Certified

Need Immediate Help?

Questions can’t wait — and neither should you. Start a live chat or send us a text, and get answers fast from a real legal expert.
Free consultation — 24/7
Trusted by Leaders
Rating
Rated 4.9/5