What Are Three Common Elements Occurring In Every Personal Injury Negligence Case ?
Every personal injury negligence-based claim that I have handled over the course of 30 years has had common factors, that I would believe- by definition- occur in every personal injury claim in the history of negligence lawsuits. What Are Three Common Elements In Every Personal Injury Negligence Case ? As an initial matter- there must have been an accident. If there was no accident, there is no case- at least not a negligence claim.
What is Negligence in Baltimore Maryland in 2025?
The law defines accidents in subtly varying ways depending on the context. An accident is generally considered to be an event, out of the ordinary, unusual and unexpected. In the context of a personal injury case, the accident must have been caused by the fault of another responsible party to be actionable [i.e. to support a claim.] If there is no fault of any human agency, there is no case. If the circumstances that caused the injury are intentional, that is to say that someone intended that another person be hurt, that inured person possesses a different type of claim. This would be not one based on negligence, but more likely on principles of assault or battery.
I’ve sent this on countless times and it bears repeating. There is no such thing as a personal injury case without someone having sustained an objectively verifiable injury. What Are Three Common Elements Occurring In Every Personal Injury Negligence Case? As we’ve seen- first negligence. Maryland law, at least in the arena of negligence, does not recognize the concept that someone could have been hurt, or might have been hurt, but were not, and were somehow damaged by the mental torture of what might have been. It is only where someone suffers direct, palpable, objective injury through the fault of another-of any degree from significant to slight-that the law provides a remedy. This is the second requirement.
What Are Three Common Elements In Every Personal Injury Negligence Case ? Every personal injury claim ever raised has a resolution, an outcome or an endpoint- items three on this list. Some claims are dropped because of a lack of evidence, proof or a real or perceived inability to carry the case forward. Unfortunately, sometimes participants or witnesses pass away. The more common outcome, though, is a settlement. I Attorney Eric T. Kirk have not seen any recent statistics on this, but for many years now individuals who keep track of such things have noted that the overwhelming majority of cases settle at some point. Whether that is before the filing of a lawsuit, after a lawsuit has been filed, through a mediation conference, or court-ordered settlement conference or as a result of negotiation between the parties with or without the benefit of the Court’s assistance, the reality is most cases settle Those cases that don’t settle go to trial. There really are only two outcomes here- a plaintiff verdict or defense verdict.
Step-by-Step: How to Document Injuries That Aren’t Objectively Verifiable
Not all personal injuries are visible on X-rays, MRIs, or medical scans. Soft tissue injuries, chronic pain, emotional trauma, and neurological symptoms can be real and debilitating, yet difficult to verify with standard diagnostic tools. Insurance companies often challenge or minimize these types of injuries, making documentation essential. Here’s how you can support these claims and strengthen your case.
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Understand What Counts as a Non-Objectively Verifiable Injury
Common examples include whiplash, concussions without imaging findings, nerve pain, post-traumatic stress disorder (PTSD), migraines, and fibromyalgia. These injuries may not appear on a CT scan or X-ray but can significantly affect your quality of life and ability to work.
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Get Prompt and Continuous Medical Treatment
Seek treatment immediately and continue follow-up care. Consistent medical visits demonstrate that your symptoms are real and persistent, and that you want to get better. Gaps in treatment may be interpreted as a lack of injury or severity. The claims adjuster will certainly argue so. Keep appointments with specialists such as neurologists, pain management doctors, or therapists when referred.
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Use Symptom Journaling to Track Day-to-Day Impacts
What Are Common Elements In Every Personal Injury Negligence Case? The lack of clear contemporaneous documents of injury. I sometimes recommend maintaining a written or digital log documenting the intensity, frequency, and duration of your symptoms. Note any activities you’re unable to do or how your condition affects sleep, work, driving, or daily tasks. These personal accounts provide critical context not found in test results.
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Request Detailed Doctor Notes and Narratives
Ask your healthcare providers to include specific, descriptive language about your symptoms, complaints, and functional limitations in their records. Objective documentation isn’t limited to scans—doctors’ observations and clinical findings carry significant legal weight.
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Include Statements from Friends and Family
Third-party accounts can help validate invisible injuries. Ask close contacts to describe how your behavior, mobility, personality, or routines have changed since the injury. These witness statements help paint a fuller picture of your condition.
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Use Expert Witnesses if Necessary
In more serious cases, your lawyer may bring in vocational experts, neuropsychologists, or pain specialists to explain the injury’s impact. Expert testimony can bridge the gap between your reported symptoms and the absence of imaging evidence.
I’ve handled thousands of personal injury cases in Maryland New York in Florida. I’ve tried hundreds of cases. Every claim possesses these three common elements. I extend a complimentary case analysis and opinion about their legal case to those that consult with me.
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Call Me Now- Baltimore Personal Injury Trial Lawyer Eric T. Kirk
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For over three decades, I have battled against the nation’s largest insurance companies, always endeavoring to ensure my clients receive the compensation they deserve. As lead counsel in thousands of cases across Maryland, New York, and Florida, I have recovered millions for clients whose claims were wrongfully denied and delayed. Whether denying fair compensation for a personal injury victim or denying benefits to a homeowner, Insurance companies employ policy exclusions, technicalities, and lowball offers to deny and defeat claims. They also hire very good lawyers to fight you in court. So should you. When an insurance company unfairly rejects a claim, I stop them.
