Most personal injury claims are based on negligence. Whether a Chicago resident is harmed in a car accident, premises liability accident, medical malpractice accident or other type of accident, in many cases the person's injuries will be due to the negligence of another or others. Although negligence is one of the major bases from which personal injury claims arise, individuals with potential cases should consult with legal professionals to better understand if negligence or another legal theory best supports the facts of their cases.
For negligence to form the basis of a case, the harmed party must first have been owned a duty by the negligent party. The duty can be relatively formal, such as that between a doctor and a patient. It can also be rather informal, such as between strangers. In situations between unconnected persons, individuals are expected to act reasonably given the circumstances surrounding them. When they fail to up hold this duty negligence can result.
If a party fails to uphold the person's duty to others and the person's actions are the cause of another person's injuries then the party may be liable for those injuries under the theory of negligence. There must be a causal link between the negligent party's actions and the harm sustained by the victim in the personal injury case.
Finally, an injured party generally must suffer some form of damages. If a negligent party does not cause harm to another then a court may not award a suing party any recovery if there are no losses.
Readers of this blog should understand that the foregoing discussion of negligence, duty of care and damages is very general. To determine if a person has a personal injury claim based on the legal theory of negligence, that individual should seek out own specific legal guidance for the person's situation.