May 1, 2025 | Personal injury

Personal injury law isn’t something most people think about every day. For many, it only becomes relevant when an accident or injury happens—often unexpectedly. When that moment arrives, understanding the basics of personal injury law can make a significant difference in how you proceed. This article will break down the fundamental concepts of personal injury law, explaining what determines if you have a claim, what legal principles apply, and what steps you can take if you’ve been injured.  Whether you’ve recently been injured or simply want to be informed, read on to learn about the essential elements of personal injury law and how it might apply to your situation.

What Is Personal Injury Law?

Personal injury law is a legal area that deals with situations where one person suffers harm due to someone else’s negligence or wrongful act. These cases typically involve accidents such as car crashes, slip and falls, medical malpractice, or other incidents where a person’s safety or well-being has been compromised.  However, simply being injured does not automatically mean you have a personal injury claim. The law requires a careful examination of the circumstances surrounding the injury before determining whether a claim exists.

Do You Have a Personal Injury Claim? The Basics

Many people wonder: “If I’m hurt, does that mean I have a legal claim?” The answer is maybe. The fact that an injury occurred isn’t sufficient by itself to guarantee you have a case. Instead, the law requires proof of certain key elements before a claim is valid.

These elements include:

• Duty: Did the other party owe you a legal duty of care?
• Breach of Duty: Did they fail to meet that duty?
• Causation: Did their breach cause your injury?
• Damages: Did you suffer actual losses or harm as a result?

Without all of these components, a personal injury claim cannot move forward. Let’s explore each of these elements in more detail.

The Duty of Care: Understanding Legal Responsibility

The first question courts ask is whether the person or entity you believe caused your injury owed you a legal duty of care. This concept means that there must be a recognized relationship between the parties where one is expected to act responsibly toward the other.

For example, when two people are driving on the road, each motorist owes the other a duty to drive safely. Similarly, a homeowner owes a duty to guests to maintain a reasonably safe environment. These duties are often obvious, but sometimes the relationship is less clear, making it more complicated to establish a duty.

It’s important to understand that if there is no duty, there can be no liability. Courts decide whether a duty exists based on the facts of each case and relevant legal principles. This is why not every injury result in a legal claim.

Examples of Duty of Care

• Drivers: Must obey traffic laws and drive safely toward others.
• Property Owners: Must keep premises safe for visitors.
• Professionals: Must perform their work to a reasonable standard (e.g., doctors, contractors).
• Manufacturers: Must ensure products are safe for consumers.

Determining if a duty exists often requires legal expertise, especially when the relationship between parties is complex or unusual.

Breach of Duty: When the Standard of Care Is Not Met

Once a duty is established, the next step is to determine whether that duty was breached. A breach occurs when the responsible party fails to meet the standard of care expected in the situation.

The standard of care is essentially how a reasonable person would behave under similar circumstances. For example, drivers must follow traffic laws and avoid careless driving. If a driver runs a red light and causes an accident, they have breached their duty to drive safely.

However, the standard of care can vary depending on the context. In some cases, the law imposes a higher standard. For instance, professionals like doctors must meet higher standards of care based on their specialized training and expertise.

How Is Breach of Duty Proven?

Proving a breach involves showing that the responsible party acted negligently or failed to act as required. This may involve:

• Eyewitness testimony
• Expert opinions
• Surveillance or video evidence
• Documentation of unsafe conditions or violations

Without evidence of a breach, even if a duty exists, there is no liability.

Causation: Linking Breach to Injury

After establishing a duty and proving a breach, the injured person must demonstrate causation. This means showing that the breach directly caused their injury.

Legally, causation is often referred to as “proximate cause” and requires two key points:

1. The negligent conduct was a cause of the injury.
2. The injury was a natural and probable result of that negligent conduct.

In simpler terms, you must show that the other party’s actions (or failure to act) led to your injury and that the injury you sustained was foreseeable given their conduct.

If the connection between the breach and injury is too weak or interrupted by other factors, causation may not be established, and the claim could fail.

Examples of Causation Issues

• If a driver runs a red light but you are injured by a completely unrelated event, causation may be lacking.
• If an injury results from multiple causes, courts may need to determine the primary cause.
• In medical malpractice cases, proving causation often requires expert medical testimony.

Damages: Proving Actual Harm

Finally, a personal injury claim requires proof that the injured person suffered damages. Damages refer to the losses or harm that resulted from the injury.

Damages are generally divided into two categories:

1. Economic Damages

These are tangible, measurable financial losses, such as:

• Medical bills (past and future)
• Lost wages due to time off work
• Loss of earning capacity if the injury affects future work ability
• Property damage

2. Non-Economic Damages

These are more subjective and relate to the impact on the injured person’s quality of life, including:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or disability

While the legal term “non-economic damages” might sound strange, it’s helpful to think of these as the ways an injury changes your daily life and well-being. These damages recognize that harm is not just about money spent but also about the personal toll of injury.

The Plaintiff’s Burden of Proof

Throughout the personal injury claim process, it is the plaintiff’s responsibility to prove all these elements: duty, breach, causation, and damages. This proof is essential for a successful claim and often requires thorough investigation, documentation, and sometimes expert testimony.

Why Not Every Injury Leads to a Claim

From the explanation above, it’s clear why not every injury result in a personal injury lawsuit or claim. The law requires a detailed analysis of the facts and circumstances before a claim can be valid.

Many injuries may not meet all the legal requirements:

• There may be no duty owed by the other party.
• The injury could have resulted from the injured person’s own actions.
• The breach might not have caused the injury.
• The damages might be minimal or difficult to prove.

Understanding this helps avoid unnecessary legal action and focuses efforts on cases with genuine legal merit.

What To Do If You’ve Been Injured

If you’ve recently been injured and believe someone else may be responsible, it’s important to seek legal advice. A qualified personal injury attorney can evaluate your case based on the legal principles discussed here and guide you on the best steps to take.

At High & Younes LLC, 402-933-3345, we provide thorough analyses to determine whether you have a valid claim. Our approach is to carefully review all aspects of your situation, including the duty owed, breach, causation, and damages, to ensure your rights are protected.

Early consultation can make a big difference in preserving your rights and maximizing your chances of a successful claim.

Personal Injury Law 101