If you have been injured in an accident or incident caused by another party, you may have a valid personal injury claim and be able to recover compensation for your damages. You should consult an experienced personal injury attorney in Chicago to determine whether you have a valid claim and what your case may be worth.
Personal injury claims are based on tort law. There are three general types of tort: intentional, negligent, and strict liability. Most personal injury claims are based on negligence. However, others, such as a physical attack, are based on intentional torts. Strict liability torts are most commonly seen when someone is injured due to a defective product.
Do You Have a Valid Personal Injury Claim Based on Negligence?
There are numerous types of negligence personal injury claims. Some common examples of negligence claims include motor vehicle accidents, pedestrian accidents, slip and fall injuries, nursing home neglect, and many other situations in which another party’s negligent behavior caused injuries.
To be successful in a personal injury case based on negligence, you will need to prove:
- The defendant owed you a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty caused your accident and injuries.
- You suffered actual damages because the defendant breached their duty.
At Meyers & Flowers Trial Attorneys, we will carefully examine the facts of your accident to determine its cause and liable parties. We will then work to uncover the necessary evidence to prove each element of negligence to help you recover the compensation you are owed.
Do You Have a Valid Personal Injury Claim Based on an Intentional Tort?
In a negligence personal injury claim, the defendant has breached a duty owed to someone, and damages resulted. However, in some cases, the defendant acts wrongfully and knowingly. Some examples of intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress, conversion, and trespass.
To be successful in a personal injury claim based on intentional tort, you must prove:
- The defendant purposefully committed an intentional act to harm you.
- You did not consent to the act.
- The act caused you to sustain injury.
- You have suffered actual damages because of the defendant’s action.
There are two types of intent – specific and general. When the defendant acts with specific intent, they intend to cause the harm that results. If a defendant acted with general intent, they knowingly committed the wrongful act but did not intend to cause the resulting damage. In an intentional tort, the defendant only needs to act with general intent.
Do You Have a Personal Injury Claim Based on Strict Liability?
Strict liability personal injury claims are often seen in cases of product liability, dog bite claims, and abnormally dangerous activities. In a strict liability personal injury claim, it is not necessary to show whether the defendant was acting carefully or negligently. They may be held liable for any damages caused by the product or activity.
In product liability claims, you must prove the product was defective, the defect existed when the product left the defendant’s control, and you were injured while using the product in a reasonably foreseeable way.
In dog bite and other animal attack strict liability cases, you must prove that the animal attacked you or attempted to attack you, that you were lawfully on the property, and that you did nothing to provoke the dog. Make sure to speak with a Chicago dog bite attorney in this instance.
Abnormally dangerous activities consist of actions such as blasting with explosives, keeping wild or exotic animals, or storing hazardous materials. If the activity is deemed abnormally dangerous, the defendant can be held strictly liable for the harm it causes you.
You should promptly consult an experienced Chicago personal injury attorney to understand whether you have a valid personal injury claim and how to proceed to recover damages.
Contact an Experienced Chicago Personal Injury Lawyer Today
At Meyers & Flowers Trial Attorneys, we have successfully handled a wide range of personal injury claims and have recovered over $6 billion for our clients. We want to help you recover maximum compensation for your damages.
Call (630) 824-3963 or visit our contact page and schedule a free consultation to discuss your case.