If you were hurt because someone else was careless, you should not have to carry the cost of their mistake. A serious injury can upend everything at once — your health, your income, your ability to care for the people who depend on you. In the middle of all of that, an insurance company often asks you to make decisions quickly, before you understand your rights. At De La Rosa Law, our personal injury attorneys help people who have been injured by negligence pursue fair compensation, so you can focus on recovering while we handle the legal side. Se Habla Español.
This page explains what personal injury law covers, the kinds of cases we handle, how compensation works, what to expect from the process, and the deadlines that can affect your right to recover. It is general information, not legal advice about your situation. The best way to understand your specific options is to speak with an attorney directly. Your initial consultation is free and confidential.
What Is a Personal Injury Claim?
A personal injury claim is a legal request for compensation when someone is hurt because another person or company failed to act with reasonable care. Most of these cases are built on a legal concept called negligence. To recover, an injured person generally has to show four things: that the other party owed a duty of care, that they breached that duty, that the breach caused the injury, and that real harm resulted — such as medical bills, lost wages, or physical and emotional suffering.
In plain terms: drivers are expected to drive safely, property owners are expected to keep their premises reasonably safe, and businesses are expected not to put dangerous products into people's hands. When that expectation is broken and someone gets hurt as a result, the injured person may have the right to be compensated for their losses. The party responsible — or, more often, their insurance company — is the one who pays.
Personal injury law exists because the costs of an accident do not disappear just because the accident was not your fault. Someone has to pay the hospital, replace the lost income, and account for the long-term effects of a serious injury. A personal injury claim is the legal mechanism that shifts those costs back to the party who caused the harm.
Types of Personal Injury Cases We Handle
Personal injury is a broad area of law. Below are the types of cases our firm focuses on. Each has its own rules, evidence, and challenges, which is why it helps to work with attorneys who understand the differences.
Car Accidents
Motor vehicle collisions are among the most common sources of serious injury. Claims can involve disputes about who was at fault, the extent of the injuries, and how much insurance coverage is available. Learn more on our car accident lawyer page, and if you were recently in a crash, see our step-by-step guide on what to do after a car accident.
Truck Accidents
Crashes involving commercial trucks tend to cause far more severe injuries because of the size and weight of the vehicles. These cases can also be more complex, often involving trucking companies, federal safety regulations, and multiple insurance policies. Our truck accident lawyer page explains what makes these claims different.
Motorcycle Accidents
Motorcyclists are far more exposed than drivers in enclosed vehicles, and they often face unfair assumptions about who caused the crash. We help riders push back against bias and pursue the compensation they are entitled to. See our motorcycle accident lawyer page for details.
Rideshare Accidents (Uber & Lyft)
Accidents involving rideshare vehicles raise complicated insurance questions, because coverage can depend on whether the driver was logged into the app and whether a passenger was in the car. Our rideshare accident lawyer page covers how these claims work.
Slip-and-Fall & Premises Liability
Property owners have a duty to keep their premises reasonably safe. When a wet floor, broken stairway, poor lighting, or other hazard causes a fall, the owner may be responsible for the resulting injuries. Visit our slip-and-fall lawyer page to understand what you have to prove in these cases.
Pedestrian Accidents
Pedestrians have almost no protection in a collision with a vehicle, and the injuries are frequently catastrophic. We help injured pedestrians and their families hold negligent drivers accountable.
Wrongful Death
When negligence takes a life, surviving family members may be able to bring a wrongful death claim for losses such as funeral expenses, lost financial support, and the loss of companionship. These are some of the most difficult cases we handle, and we approach them with the sensitivity they deserve. Our wrongful death lawyer page explains who may file and what a claim can include.
What Compensation May Be Available
Compensation in a personal injury case — often called damages — is meant to make an injured person as whole as the law allows. Every case is different, and no attorney can guarantee a particular result. The categories below describe the kinds of losses that may be recoverable, depending on the facts and the law that applies.
- Medical expenses. Emergency care, hospital stays, surgery, medication, rehabilitation, and the cost of future medical treatment related to the injury.
- Lost income. Wages lost while you were unable to work, and in serious cases, a reduced ability to earn a living in the future.
- Pain and suffering. Compensation for the physical pain and emotional distress caused by the injury and its effect on your daily life.
- Property damage. The cost to repair or replace property damaged in the incident, such as a vehicle.
- Loss of enjoyment of life. The impact of an injury on your ability to do the activities and maintain the relationships that matter to you.
In rare cases involving especially reckless conduct, additional damages meant to punish the wrongdoer may be available, but the rules are strict and vary by state. We can explain which categories realistically apply to your situation after reviewing the details.
A note on numbers: Be cautious of anyone who promises a specific dollar figure before reviewing your case. The value of a claim depends on the severity of the injuries, the available insurance, the strength of the evidence, and how fault is assessed. We will give you an honest assessment rather than an inflated promise.
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Common Injuries in Personal Injury Cases
The injuries that lead to a claim range from those that heal in weeks to those that change a person's life permanently. Severity matters not only for your recovery but also for how a claim is evaluated, because the law tries to account for both the immediate harm and the long-term consequences. Some of the injuries we see most often include:
- Traumatic brain injuries (TBI) and concussions, which can affect memory, mood, and the ability to work long after the visible signs fade.
- Spinal cord injuries, including herniated discs and, in the most serious cases, partial or full paralysis.
- Broken bones and fractures, which may require surgery, hardware, and months of rehabilitation.
- Soft-tissue injuries such as whiplash, sprains, and torn ligaments, which can be painful and slow to heal even when they do not appear on an X-ray.
- Burns and scarring, which can require extensive treatment and carry lasting emotional effects.
- Internal injuries that are not always obvious right away, which is one reason prompt medical care matters so much.
- Psychological harm, including anxiety, depression, and post-traumatic stress, which the law recognizes as real injury.
Because some injuries do not show their full effect for days or weeks, it is important not to assume you are unharmed simply because you feel alright immediately after an accident. Getting checked out promptly protects your health and creates a record that connects your injuries to what happened.
Common Mistakes That Can Hurt Your Claim
People rarely make these mistakes on purpose — they happen because the days after an injury are confusing and an insurance adjuster may sound friendly and helpful. Being aware of the common pitfalls can help you protect your own interests.
- Waiting too long to get medical care. Gaps in treatment can be used to argue that your injuries were not serious or were caused by something else.
- Giving a recorded statement too soon. The other side's insurer may use your words against you. You are generally not required to provide one before speaking with an attorney.
- Accepting the first offer. An early offer may be far less than your claim is worth, especially if you are still treating and the full extent of your injuries is not yet known.
- Posting about the accident on social media. Photos and comments can be taken out of context and used to dispute your claim.
- Signing documents you do not understand. A release or medical authorization can have consequences you did not intend. Have an attorney review it first.
- Missing the filing deadline. As explained above, the statute of limitations can permanently bar a claim if it passes.
If you are unsure about any request from an insurance company, the safest step is to ask before you act. A short conversation with an attorney is free, and it can prevent a costly misstep.
How Personal Injury Fees Work
One of the most common concerns we hear is whether people can afford a lawyer after an injury has already strained their finances. Our personal injury cases are handled on a contingency fee basis. That means the attorney fee is a percentage of the compensation recovered, and there is no attorney fee unless there is a recovery in your case. The specific percentage, how case costs are handled, and what happens if there is no recovery are all spelled out in a written fee agreement before any work begins.
This arrangement exists so that the courthouse is open to people regardless of their bank balance. You should never feel that you cannot ask a question about your legal rights because of cost. The initial consultation is always free.
The Personal Injury Claim Process, Step by Step
Every case follows its own path, but most personal injury claims move through a similar sequence. Understanding the general process can take some of the uncertainty out of a stressful time.
- Free consultation. You tell us what happened. We listen, answer your questions, and explain whether you may have a claim and what your options are — at no cost and with no obligation.
- Investigation. If we take your case, we gather the evidence: police or incident reports, photographs, witness statements, medical records, and any other proof of what happened and how it affected you.
- Medical treatment and documentation. Your recovery comes first. We work alongside your treatment so that the full extent of your injuries is properly documented.
- Demand and negotiation. Once the picture is clear, we present a demand to the insurance company and negotiate for fair compensation on your behalf.
- Litigation, if necessary. If the insurer refuses to offer a fair amount, we can file a lawsuit and prepare your case for trial. Many cases still settle during this stage; others go before a judge or jury.
- Resolution. When the case resolves, we make sure outstanding bills and liens are addressed and that you receive your share of the recovery.
Throughout the process, our goal is to keep you informed and to make the system understandable. You should never feel left in the dark about your own case.
Tell us what happened. We reply in minutes, not days.
How Long Do You Have to File? Statute of Limitations
Every state sets a legal deadline for filing a personal injury lawsuit, known as the statute of limitations. The amount of time depends on the state and the type of claim, and there are important exceptions — for example, claims involving government entities or minors can follow different rules. If you miss the deadline, you can permanently lose the right to recover, no matter how strong your case is.
In Florida, most personal injury claims based on negligence must be filed within two years of the injury (Fla. Stat. § 95.11(4)(a), as shortened by HB 837 in 2023), though some claim types and situations follow different deadlines. Because these deadlines and the exceptions can be technical, the safest course is to speak with an attorney as soon as possible after an injury. Acting early also helps preserve evidence and locate witnesses while memories are fresh. We will confirm the specific deadline that applies to your case during your consultation. (As of June 2026.)
Why Work With De La Rosa Law
Choosing a law firm after an injury is a personal decision, and you deserve a team that treats your case with care. Here is what guides how we work.
- People first. You are not a file number. We take the time to understand how the injury has affected your life, and we keep you informed at every stage.
- Clear, honest communication. We explain the process in plain language, set realistic expectations, and answer your questions — in English or Spanish.
- Bilingual service. Our team proudly serves Spanish-speaking clients. Se Habla Español.
- No fee unless we recover for you. Our personal injury cases are handled on a contingency basis, so there is no attorney fee unless we recover compensation for you.
- Prepared for every outcome. We build cases thoroughly from the start, whether they resolve through negotiation or require taking the matter to court.
De La Rosa Law also handles immigration, workers' compensation, and mass tort matters, and we are sensitive to the way these areas can overlap — for example, when a workplace injury or an immigration concern is part of the picture. If your situation touches more than one area, we can help you understand how the pieces fit together.
What to Do After an Injury
The steps you take in the hours and days after an accident can protect both your health and your legal rights. While every situation is different, these general guidelines apply to most cases:
- Get medical attention right away, even if you feel okay — some serious injuries are not obvious at first, and prompt care also documents your condition.
- Report the incident to the appropriate party, such as the police after a crash or the property owner after a fall.
- Document what you can — photos of the scene, your injuries, and anything that contributed to the accident, plus the names and contact information of any witnesses.
- Keep your records, including medical bills, receipts, and any correspondence about the incident.
- Be careful with insurers. You are generally not required to give a recorded statement to the other side's insurance company, and it is wise to speak with an attorney before doing so.
- Talk to a lawyer early, so deadlines are met and evidence is preserved.
For a more detailed walkthrough focused on collisions, read our guide on what to do after a car accident.
Frequently Asked Questions
How much does a personal injury lawyer cost?
The initial consultation is free. Our personal injury cases are handled on a contingency fee, which means the attorney fee is a percentage of any recovery and there is no attorney fee unless money is recovered for you. Fee terms and costs are explained in a written agreement before any work begins.
How long do I have to file a personal injury claim?
Every state sets a deadline called a statute of limitations, and it varies by state and by the type of claim. Missing the deadline can permanently bar your case, so it is important to speak with an attorney promptly. We will confirm the deadline that applies to your specific situation.
What is my personal injury case worth?
No attorney can promise a specific amount. The value of a claim depends on the facts — including the severity of your injuries, medical expenses, lost income, the impact on your daily life, available insurance, and questions of fault. After reviewing your situation, we can explain the categories of compensation that may apply.
Do I have to go to court for a personal injury claim?
Many personal injury claims resolve through a settlement without a trial. If the insurance company will not offer fair compensation, filing a lawsuit and preparing for trial may be necessary. We prepare every case thoroughly and discuss your options with you at each stage.
What if I was partly at fault for the accident?
You may still be able to recover compensation even if you were partly responsible, but the rules differ from state to state and can reduce or affect a recovery. Do not assume you have no case — let an attorney evaluate the specific facts before you reach that conclusion.
Should I accept the insurance company's first offer?
It is generally wise to speak with an attorney before accepting any offer or signing a release. A first offer may not reflect the full extent of your losses, especially if you are still treating. Once you sign a release, you usually give up the right to seek more, even if your condition worsens.
Still have questions? The most reliable way to understand your options is to speak with a member of our legal team about your specific situation. Reach out for a free, confidential case review — Se Habla Español.
Every case is reviewed by our legal team. No cost, no obligation. Se Habla Español.