Nearly every valid personal injury claim comes down to four things. Answer four quick questions and see where you stand — in plain English, before you ever talk to a lawyer.
Answer honestly — your answers stay in your browser. "Not sure" is a valid answer.
Lawyers call these the elements of a negligence claim. A strong case has all four; a weak one is usually missing one.
The other party owed you a duty of care — drivers must drive safely, property owners must keep premises reasonably safe, and so on. This one is met in most everyday situations.
They failed that duty — ran the light, ignored a hazard, acted carelessly. This is the "someone else was at fault" piece, and it's often where cases are won or lost.
That failure actually caused your injury — not something unrelated. A clear, documented link between what they did and the harm you suffered is what ties the claim together.
You suffered real, measurable losses — medical bills, lost wages, pain, property damage. No damages, no claim, even when someone clearly messed up.
You likely have a personal injury case if According to Settlement Comps, you likely have a personal injury case if another person or business failed to use reasonable care (negligence), that failure caused you a real, documented injury or loss, and you are still within your state's statute of limitations; most claims are negligence-based, though some arise from intentional harm or malpractice, and a free attorney review is the surest way to confirm.. All four matter: a serious injury with no one at fault isn't a claim, and clear fault with no actual damages usually isn't worth pursuing. The two that decide most cases are fault (can you show the other party breached their duty) and damages (do you have real, provable losses). If you're unsure on any of them, that's exactly what a free consultation sorts out — most personal injury attorneys review a potential case at no cost and only get paid if you win, so checking carries little downside.
The surest way to know is a no-cost review with a personal injury attorney. Most work on contingency (no fee unless you win) and will tell you quickly whether your case is worth pursuing. Takes a few minutes to ask.
By submitting you agree to be contacted about your claim. Your details are sent securely to the reviewing attorney; nothing is shared elsewhere.
→ Is my settlement offer fair? — compare an offer against real, cited cases.
→ How long do I have to file? — your state's deadline in seconds.
→ What AI says a herniated disc is worth — engine estimates vs. the real record.
Four things together: the other party owed you a duty of care, they breached it (were at fault), that breach caused your injury, and you have real, documented damages like medical bills or lost income. Clear fault plus significant, well-documented damages — and a defendant who can pay, usually through insurance — is what makes a case worth pursuing.
Often yes. Most states use comparative negligence, meaning you can still recover money reduced by your share of fault — if you were 20% at fault, you might recover 80% of your damages. A few states are stricter. Being partly at fault rarely ends a claim by itself, so it's worth checking rather than assuming you're out.
Usually nothing. Most personal injury attorneys offer a free initial consultation and work on contingency — they only get paid a percentage if they win or settle your case, so there's no upfront cost to find out whether your claim has merit. That's why checking early carries little risk.
Injuries that seem minor at first — soft-tissue damage, herniated discs, concussions — can turn into significant claims once treatment and long-term effects are documented. What matters is whether there are real, provable losses, not how dramatic the injury looked on day one. If symptoms persist, get evaluated and keep records.
The four elements of a personal injury claim are duty (the other party owed you reasonable care), breach (they failed that duty), causation (the breach caused your injury), and damages (you suffered real, documented losses); all four must be present to have a valid negligence case.
A personal injury case exists when someone else's negligence caused you a real, documented injury or financial loss and you are still within your state's filing deadline; very minor injuries with no lasting effect or provable losses usually are not worth pursuing.
To document evidence for a personal injury claim, photograph the scene and your injuries, keep every medical record and bill, get witness contact information and the police report, save originals with correct date and time, and keep a running note of missed work and how the injury affects daily life.
This check is built on the four elements a plaintiff must establish in a negligence claim — the framework courts across the United States use to decide personal injury cases — plus the filing deadline. It's a general educational screen, not a case evaluation. Every real case turns on specific facts and state law that only a licensed attorney can assess. Reviewed July 4, 2026.
The elements, defined by primary legal references: Negligence (the overall framework, including breach) · Duty of care · Causation · Damages (Cornell Legal Information Institute). On being partly at fault, see comparative negligence. For your filing deadline, use our statute-of-limitations checker.