Personal injury claims are lawsuits arising from an accident in which a person sustained injuries. Many of these claims revolve around car crashes or pedestrian accidents, but they can also involve other types of accidents such as slip and fallcases and a wide range of other unintentional injuries.
Of course, sometimes an accident is just an accident, and there is no one to blame, but often times injuries are the result of another person’s negligence. In order to hold another person liable for injuries caused in an accident, there must be certain elements.
First, there must be a duty of reasonable care on the defendant’s part. In most cases, this is easily satisfied. For instance, in car accident cases, drivers owe a duty of care to anyone and everyone who might be using the road.
Failure to exercise reasonable care is another element. To satisfy this, the defendant must have done something careless. This could mean speeding, drunk driving, or another behavior that made them dangerous to others on the road.
Next, causation must exist between careless behavior and the injury. If a driver was texting and driving, but the texting and driving did not cause the accident, then the driver was negligent, the driver owed a duty, but the carelessness did not lead to the injury, meaning there is no causation.
Finally, the injured person must have actually suffered damages. Damages can be financial losses, property damage or physical injuries to the person’s body.
If all of these elements are satisfied, then there is a valid personal injury claim for damages against the defendant, and the plaintiff might be able to recover compensation.
Injured? Call Stein Shulman, LLC For Your Instant Case Analysis
Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Car Accident Injury Law. You can receive a free and instant case review by calling our office at 312.422.0500.
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Chicago, IL 60602