Se Habla Español | We Speak Tagalog | (949) 776-2856 | 20371 Irvine Ave., Suite 110, Newport Beach, CA 92660
No fees until you get paid
Get Started
Blogs 7 min read

How Do You Know If You Have a Personal Injury Case?

Not sure if your accident is “serious enough” for a lawyer? California’s legal test is simpler than most people think, and a free consultation can answer the question for you at no cost.

Kohan & Bablove
Kohan & Bablove
Personal Injury Trial Attorneys
Published January 30, 2020 Updated October 13, 2026
Share Link copied
How Do You Know If You Have a Personal Injury Case?

Most people who’ve been hurt in an accident aren’t sure whether their situation is “serious enough” to call a lawyer, and that uncertainty alone stops a lot of legitimate claims from ever being pursued. The good news is that the actual legal test is simpler than most people expect, and a free consultation can answer the question definitively without any commitment on your part.

Quick answer: You likely have a personal injury case if another party’s negligence caused you harm, meaning someone else was at fault and you suffered real damages as a result, whether medical bills, lost income, property damage, or pain and suffering. If both of those pieces are present, it’s worth having a lawyer evaluate your claim, regardless of how minor the incident may seem.

Is Someone Else at Fault for Your Injuries?

The first question in any personal injury case is whether another party’s carelessness caused your harm. This applies across a wide range of situations: a negligent driver in a car or truck accident, a property owner who failed to fix a hazard that caused a slip-and-fall, a dog owner whose animal bit you, or a manufacturer whose defective product injured you. In each case, the underlying question is the same, did someone else fail to act with reasonable care, and did that failure cause what happened to you. If the answer is yes, or even a genuine “maybe,” that’s reason enough to have your situation reviewed rather than assuming you’re out of luck.

A driver who seemed to be following the rules might have been distracted in a way that only shows up on phone records, or a property owner might have known about a hazard for weeks before you were hurt, a fact that only surfaces once someone actually requests maintenance logs or prior complaint records. Fault isn’t always obvious from the scene of an accident alone, and this is part of why it’s worth having a professional look at the facts even when liability feels uncertain at first glance; the full picture of who’s responsible often only comes into focus once someone starts asking the right questions and requesting the right records.

Have You Suffered Considerable Losses?

Fault alone doesn’t make a case worth pursuing; the harm has to be real too. That harm can take a lot of forms beyond medical bills, including lost wages and diminished earning capacity, property damage, pain and suffering, loss of consortium, and the ongoing inconvenience of a disrupted daily routine. It’s easy to undervalue non-economic harm like pain and suffering or lost quality of life simply because there’s no invoice attached to it, but California law recognizes these as legitimate, compensable losses right alongside your medical bills and lost paychecks.

It’s also worth remembering that some losses take time to fully materialize. A soft-tissue injury that seems minor in the first few days can turn into months of physical therapy, and a head injury with no visible symptoms at the scene can produce cognitive effects that only become apparent once you try to return to work. Evaluating your losses too early, before your treatment and recovery have played out, risks underestimating what your situation is actually worth, which is one more reason a professional review sooner rather than later tends to serve you better than trying to make that call entirely on your own.

The Simple Version of the Legal Test

California’s standard jury instructions for negligence claims boil down to three questions: was the other party negligent, were you harmed, and was that negligence a substantial factor in causing your harm. Notice what’s not on that list, there’s no minimum severity threshold, no requirement that the injury be catastrophic, and no rule that minor incidents don’t count. A relatively modest injury with clear fault and real damages satisfies this test just as much as a more serious one does. This three-question version is meant as a quick, practical gut check before you call; if you want to see how each piece actually gets proven with evidence once a claim is underway, our guide on the four elements of negligence walks through that process in depth.

Not sure if your situation meets this test? A free consultation can tell you where you stand. Call (949) 776-2856.

What If You're Still Not Sure?

If you’re genuinely uncertain whether your situation qualifies, the safest move is to have it evaluated before too much time passes, rather than trying to answer the question yourself. Evidence tends to disappear quickly, witnesses become harder to locate, surveillance footage gets overwritten, and physical evidence gets discarded or repaired, so waiting to decide can quietly weaken a case that would otherwise have been strong. Our guide on types of evidence to gather after a car accident covers what to preserve while you’re still deciding. You should also keep California’s statute of limitations in mind, since waiting too long can bar an otherwise valid claim entirely regardless of how strong the facts are, our full guide to California’s statute of limitations by claim type breaks down the relevant deadlines.

If your situation specifically involves a car accident and you already know you have a claim but are weighing whether hiring a lawyer is worth it, our guide on whether you need a lawyer for a car accident covers cost, contingency fees, and what a lawyer actually adds to a claim in more depth than we cover here.

Think you might have a case? There’s no cost and no obligation to find out for sure. Call (949) 776-2856.

Get a Free Case Evaluation from a California Personal Injury Lawyer

The only way to know for certain is to have your case reviewed, and that review costs nothing. DKB Lawyers offers free, no-obligation consultations to help you understand exactly where you stand.

Call (949) 776-2856 for a free consultation. No fee unless we win.

Free · Confidential · No obligation

Get Legal Aid Meeting Deadlines

Frequently Asked Questions

No. California’s negligence test doesn’t set a minimum severity threshold; what matters is whether another party was at fault and you suffered real, provable damages as a result.

You can still have a valid claim. California allows recovery even when you share some fault, though your compensation is reduced in proportion to your share of responsibility, see our full guide on what happens if you’re partially at fault for how that works.

Nothing. A consultation to evaluate whether you have a valid claim is typically free and comes with no obligation to move forward.

More than just medical bills. Lost wages, property damage, pain and suffering, loss of consortium, and diminished earning capacity can all factor into a claim’s value.

Your underlying claim is generally subject to California’s two-year statute of limitations, though exceptions can apply. See our full guide to California’s statute of limitations by claim type for details.

Kohan & Bablove
Reviewed by
Kohan & Bablove
Kohan & Bablove Injury Attorneys was founded by three former defense attorneys who were tired of helping insurance companies and big corporations save money by paying the least amount possible to resolve claims. Last updated October 13, 2026. This article is for general information and isn't legal advice.
Why Kohan & Bablove Injury Attorneys

Injured people trust us to fight — and win

You work directly with a partner, pay nothing unless we win, and get help managing medical bills while you focus on healing.

Trial-ready, not a settlement mill
Direct access to a partner
No fee unless we win
Help with your medical bills
$2M
Recent settlement
Millions
Recovered for clients
$0
Upfront cost
Free case review
Request Service

Please fill out the form below to request a free consultation or schedule a call.

This field is for validation purposes and should be left unchanged.
Visit our office

Come see us in person

Free, confidential consultations — in person or by phone, no fee unless we win.

Kohan & Bablove Injury Attorneys office
Newport Beach 20371 Irvine Ave., Suite 110
Newport Beach, California 92660
(949) 776-2856
Available 24/7 for injured clients
Se Habla Español · We Speak Tagalog
Get directions Free consultation
Free consultation

Ready to take the next step in your case?

Schedule a free consultation. We'll review your situation and explain how our experienced attorneys can fight for the compensation you deserve.

Schedule Your Free Consultation
No fee unless we win Free & confidential Available 24/7
REQUEST A CONSULTATION