Legal Duty. A personal injury claim requires that the negligent individual owe you a legal duty. A legal duty can come in a number of forms. Typically, however, every person has a duty to act reasonably toward others. This means, for example, that an individual riding a bike has a duty to act reasonably to all pedestrians.
Breach. Next, there must be a breach of the duty owed to you by the negligent person. This generally means that the negligent person acted unreasonably toward you. Obviously, what is “unreasonable” is a highly subjective standard that will vary based on the facts of the case.
Causation. The third requirement is that the injury you suffered must have been caused by the negligent person. In most cases, this is generally straightforward. Sometimes, however, this can be a very complex and difficult fact to prove. For example, it may be difficult to prove that a bicyclist’s high rate of speed scared an individual, causing them to trip and fall, despite there being no physical contact.
Damages. Finally, you must have suffered actual damages as a result of the negligent individual’s behavior. Damages can be economic, such as hospital bills and prescription costs, and non-economic, such as pain and suffering.