You hear the terms “negligence” and “personal injury” a lot. You see them mentioned on ads, billboards, and commercials, and that’s usually just from attorneys screaming at you, promising large financial recoveries.
But what do these terms mean in a legal context? Most people have a general understanding, but I find it helpful to clarify what they mean legally.
Let’s start by explaining a few things.
They are not the same thing, even though they are often used interchangeably.
Negligence = someone had a responsibility (duty) to act carefully and didn't do so. Negligence explains why someone is at fault.
A personal injury refers to the harm caused by the negligence (i.e. damages, which can be physical, emotional, or financial).
A personal injury claim is the process that uses negligence to seek compensation for damages.
Let’s dive in further to explain the difference and why it matters.
Negligence as a Concept
Negligence is the failure to act with reasonable care in a situation where a duty to act exists. This can refer to:
- A specific act (e.g., running a red light)
- An omission (e.g., failing to clean up a spill).
Negligence, by itself, however, doesn’t automatically mean someone will face legal consequences.
It is only when the negligence causes damages (damages are often referred to broadly as personal injury) that someone is entitled to a financial recovery.
Thus, to make a personal injury recovery, there needs to be a formal claim, called a personal injury claim. And as I will explain below, succeeding on your personal injury claim requires proving more than just negligence. The actual act of negligence is only one part of a personal injury claim.
The Four Elements and Personal Injury Claims
To succeed on a personal injury claim, you need to prove not only that someone acted negligently, but that the negligence caused you damages. This is known as the four elements of a personal injury claim: 1) Duty 2) Breach of Duty 3) Causation, and 4) Damages.
Here’s an example where you can have negligence, but no recoverable personal injury claim:
- A driver swerves into your lane of traffic. They nearly run you off the road, but your quick actions avoided an accident. This is an example of negligence (the driver had a legal duty to maintain his lane but didn’t), but you have no personal injury claim because you didn’t suffer any damages.
- This comes up a lot in medical malpractice. You can imagine a situation in which a medical provider acts negligently, but the negligence didn’t cause any or sufficient harm/damages, justifying the expense of pursuing the claim.
- Almost causing injuries does not satisfy the legal damages requirement. Through the years I have had many people call and say, this negligent person did this, and it could have been really bad for me. I understand those feelings, but legally, that is not an actionable claim. There is no damage if it almost injured you.
Now let's compare that to a situation where you can have negligence and a recoverable personal injury claim.
- A driver swerves into your lane of traffic and hits you head-on. You suffer injuries that require medical treatment. This is an example of negligence (driver had a legal duty to maintain his lane), and that negligence caused you damages. You thus can satisfy all four elements: there was a duty owed to you, the other driver violated (breached) that duty, and as a result of that breach, caused you injuries (damages). All four elements are satisfied.
Key Distinction
- Negligence as a legal idea can exist without a personal injury claim. It’s just the failure to act reasonably.
- A personal injury claim needs actionable negligence—when all four elements are present and result in harm.
Why this Matters
A lot of people think that just because you prove negligence, you are entitled to a recovery. That is not true.
It is important to note that in order to make a recovery, you have to satisfy all four elements - that is, you have to prove that the negligence caused you specific damages. That is a lot more complex than most people realize. There are books and legal treatises written about causation alone, not to mention duties owed, and explanations of what constitutes a breach and even damages.
This might highlight how this can get complicated. In the example above, when the other driver collided into you let’s assume you suffered a back injury. But what if you had a history of back injuries before this accident? There will be a dispute about what specific injuries this accident caused because you already had some pre-existing back issues unrelated to the accident. You can’t claim all your back problems are related to the accident. Thus you must prove up and argue how much this accident caused of your current back problems. You can see how this can get real tricky, real fast.
Even if you don’t understand each category, this hopefully helps explain the difference between negligence and a personal injury claim.
Get Guidance for Your Personal Injury Claim – Schedule a Free Consultation Today
And most importantly, if you think you have been a victim of negligence and have a personal injury claim, it's important to consult with an experienced New Mexico personal injury attorney who can thoroughly evaluate your case, assess these factors, and provide guidance tailored to your unique circumstances. An attorney can help you pursue the maximum compensation you deserve for your injuries and losses.
Our dedicated personal injury team here at The Injury and Disability Law Center is here to help you. Schedule your free initial consultation today by calling our office at 575-300-4000, starting a chat, or filling out our online form.
If you want even more information, check out my free book, Car Accident Cases Made Simple(r), where I discuss this topic and more.
