Personal injury law (or “PI”) encompasses a wide range of legal claims where an individual suffers harm from another's actions or failures to act. Personal injury lawyers like those at PHL Lawyer aim to obtain financial compensation to those injured due to negligence of someone else's action or inaction. Common types of personal injury cases handled by PHL Lawyer include automobile accidents, medical malpractice, slip-and-fall incidents, and even intentional acts such as assault and battery.  

The Four Pillars of a Personal Injury Case

As personal injury attorneys, speaking with individuals about their potential PI claim is a daily occurrence. From those frequent conversations, it’s easy to conclude that many individuals do not fully understand what’s needed to have a viable personal injury case. So this blog  attempts to succinctly explain a few of those crucial elements that must be present in any legitimate personal injury claim.  

1. Duty to Exercise Reasonable Care

Every personal injury case begins with an analysis of whether there was a duty. A duty is a legal obligation requiring an individual or entity to adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. For example, a driver has a duty to follow traffic laws and operate their vehicle safely to avoid accidents. A grocery store has a duty to keep its aisles free from known dangerous conditions like spilled milk. 

2. Breach of Duty

A breach occurs when, despite having a duty to act in a certain way, a person or company fails to act accordingly. This doesn't need to be intentional; simple negligence can be sufficient to prove a breach of duty. For instance, if a driver is texting while driving, they are not meeting the duty of care owed to other road users, thereby breaching that duty. It does not matter if the driver knew of the state law prohibiting texting while driving. There’s a commonly accepted duty of all drivers to keep your eyes on the road at all times.  

3. Causation

Next, for a personal injury case, it must be shown that the breach of duty described above actually caused some negative consequence, or “damages”, to another person. It is critical that the damages were a direct and foreseeable result of the breach of duty. Not shoveling a snowy sidewalk for days could reasonably result in someone slipping on the sidewalk and injuring his or her lower back. Causation can sometimes be complex, especially if the injured party had pre-existing conditions like a prior lower back injury in the above example. Although aggravations or worsening of prior injuries is certainly grounds for a personal injury lawsuit, there must be a direct link between the breach of duty and the damages. 

4. Damages

Finally, the damages suffered by the breach must be significant enough to support bringing a lawsuit. This seems to be an area of confusion for many. Many people can identify when other people have acted negligently and breached their duty to others. However, without actual damages, there is no personal injury claim. These damages can be economic, such as medical bills and lost wages, or non-economic, like pain and suffering. You cannot bring a lawsuit against a neighbor for not shoveling their snowy sidewalk because you nearly slipped and fell on that sidewalk. If you did not actually fall and suffer an injury, then there’s no potential case. The purpose of a personal injury claim is to compensate the injured party for actual injuries or losses.

Do You Have a Personal Injury Case?

Identifying whether you have a viable personal injury case involves examining these four elements closely. It’s also worth noting that some cases, like those involving intentional acts such as assault, might have additional requirements like proving intent.

When to Seek Legal Advice

Understanding the complexities of personal injury law can be daunting. If you or someone you know has been injured due to another's negligence, it’s wise to consult with knowledgeable and experienced attorneys. At PHL Lawyer, we are dedicated to guiding you through each step of your case, ensuring you understand your rights and the legal processes involved.

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