gillis law firm | personal injury lawyers
“No Recovery, No Fee”

Loss is a requirement of a negligence-based personal injury claim

Negligence happens in many different situations. It can occur on the roads when a driver fails to check their blind spot, colliding with another vehicle. It can happen when a store owner fails to clean up spilled water on the floor of their establishment and a customer slips and falls. Negligence leads to many accidents in New Haven each year, and claims based on negligence must successfully plead certain elements.

Duty, breach of duty and causation are often the focal points of negligence-based claims, and they are incredibly important. An acting party must owe their victim a duty of care in order to be held liable based on negligence, and the actions of the acting party must actually cause the victim to suffer. An element that is sometimes presumed in a negligence case that must be proven, though, is injury or loss. Without a loss or injury, a victim may have nothing to be compensated for.

For example, imagine a driver who is texting while operating their vehicle. They swerve in and out of traffic, creating hazards for every other motorist that they encounter. Even though they are acting negligently and breaching their duty of care to others, if no one has actual harm inflicted upon them, then no actual victim may exist under negligence.

It is important that readers remember that this post does not provide any legal advice or guidance. Negligence is a complicated legal concept that requires careful analysis to establish and prove. Individuals who are harmed in negligence-based accidents could take steps to understand if a personal injury action is right for them. A civil action could help a victim recover compensation for losses suffered.

No Comments

Leave a comment
Comment Information
 Gillis Law Firm