Knowing how to prove negligence in personal injury cases is essential to achieving a successful case outcome. Proving negligence in a personal injury case requires establishing these four elements: duty, breach of duty, causation, and damages.
Call personal injury lawyer Robert Smoler at 312-332-9800 for guidance through every step of the Chicago personal injury claim process.
Key Elements of Negligence in Personal Injury Cases
Negligence is at the core of what happens in a personal injury lawsuit. When someone else’s negligent behavior causes your injuries, that negligent party can be held responsible for paying compensation for damages suffered. You must prove the following key elements to establish the other party’s negligence in Illinois:
Duty of Care
The first step in demonstrating negligence is showing that the defendant owed a duty of care to the injured party. For example, property owners have a duty to maintain their properties in a reasonably safe condition and warn others of hazards.
Breach of Duty
After establishing the duty of care between you and the defendant, you’ll need to show the defendant failed to uphold the duty of care owed to you. In a car accident, distracted driving, drunk driving, and running a red light are examples of drivers breaching their duty of care to other road users to operate their vehicles safely and abide by traffic laws.
Causation
Causation requires showing that the defendant’s breach was the direct cause of the injuries suffered.
Damages
Finally, you must show that you incurred actual damages from the defendant’s breach of duty, such as lost wages, medical expenses, and pain and suffering. Knowing the full extent of your damages is critical in solving the “Should I settle my personal injury case or go to trial” puzzle.
How Evidence Supports Negligence Claims in Chicago Personal Injury Lawsuits
Gathering evidence is a crucial part of proving negligence in personal injury cases. The evidence gathered allows you to prove each element of negligence. It’s harder for a defendant to argue against liability and how much compensation you’re entitled to recover when you have sufficient evidence of the four elements.
Proving negligence in legal claims is rarely straightforward. A personal injury lawyer can help you establish the kind of claim you have, how to prove negligence in personal injury cases like yours, and obtain and preserve the necessary evidence. Personal injury lawyers typically work on cases on a contingency fee basis. Therefore, they only charge you a fee if they successfully recover compensation on your behalf.
Contact us at Smoler Law Office to schedule a free consultation regarding your personal injury case today.
