Before you call an attorney.....

Personal injury claims are legal actions seeking compensation for harm caused by someone else's actions or inactions. Most personal injury cases are based on negligence, though some involve intentional acts or strict liability (e.g., product defects). The specific elements can vary by jurisdiction, but in the United States, the core requirements for a negligence-based claim generally include the following four elements. These must be proven by a preponderance of the evidence (more likely than not) to succeed.

• Duty of Care: The defendant (the party being sued) owed a legal duty to the plaintiff (the injured party) to act reasonably and avoid causing harm. For example, drivers have a duty to follow traffic laws, or property owners must maintain safe premises for visitors.
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• Breach of Duty: The defendant failed to uphold that duty through careless or reckless behavior. This could include texting while driving or failing to warn about a slippery floor.
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• Causation: The defendant's breach directly caused the injury. This includes "actual cause" (the injury wouldn't have happened without the breach) and "proximate cause" (the injury was a foreseeable result). For instance, if a breach leads to a car accident resulting in broken bones, causation links the two.
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• Damages: The plaintiff suffered actual harm, which can be quantified as compensation. This includes: 
• Economic damages: Medical bills, lost wages, property damage, and future expenses.
• Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life.
• In rare cases, punitive damages for egregious conduct. Evidence like medical records, bills, and expert testimony is crucial to prove damages.

If the claim involves intentional torts (e.g., assault or battery), elements might differ, such as intent to harm or cause apprehension of harm. For strict liability cases, like defective products, proving fault isn't required—only that the product was defective and caused injury. Additionally, factors like comparative negligence (where the plaintiff's own fault reduces compensation) or statutes of limitations (time limits to file, often 1-3 years) can affect the claim