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A review of negligence as the grounds for a personal injury claim

This Honolulu-based personal injury legal blog has provided to its readers a number of informative posts that have discussed numerous ways that victims of personal injuries may encounter their harm. Victims are made through vehicle and boat accidents, the use of unsafe products and accidents at poorly maintained properties, and through poor care and attention by medical professionals. Although the ways in which personal injury victims are made are unique, there is generally one common element that ties all of their incidents together into a single legal theory: negligence.

Negligence happens when a person does something they should not have done or does not do something that they should do. The negligent party generally has a duty of care to their victim and through their actions or inactions they fail to meet that duty. As a result of the negligent party's conduct the victim suffers injuries and losses and has a case for the recovery of their damages.

For example, a doctor has a duty of care to their patient, and a doctor who performs the wrong surgery on their patient clearly does not meet their duty to act reasonably under the circumstances. A patient who undergoes an erroneous surgery and who still must cope with their original ailment has suffered physical and emotional harm and may choose to pursue their losses through a personal injury lawsuit.

Personal injury cases can be diverse, so it is important that victims understand their options. The requirements of filing a personal injury lawsuit in Hawaii are specific, and those who do not meet the pleading requirements of their claims may have their lawsuits dismissed.

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