Proving negligence in a personal injury claim

On Behalf of | Feb 2, 2022 | Personal Injury |

If you have been involved in a car accident, slip-and-fall, or other type of accident that resulted in physical, emotional, and financial injury, you may be able to file a personal injury claim against the parties responsible for your accident. Many personal injury claims in Illinois are based on the negligence of one or more parties.

What is negligence?

Generally, when a person breaches a duty owed to another person and causes them injury, they may be found legally negligent, and therefore liable for the other person’s injuries. Some of examples of negligent behavior may include:

  • Failing to clean up spill at supermarket
  • Driving while distracted
  • Failing to supervise employee
  • Failing to provide adequate security
  • Failing to stop at a stop sign

If you are filing a negligence claim, you will need to establish duty, breach, causation, and damages. For example, if you were involved in a car accident and file a negligence claim against the other driver, you will have to show:

  • Duty of care – Establish that the other driver had a duty of care to operate their vehicle safely and follow all driving laws.
  • Breach of duty – Establish that the other driver breached their duty of care by driving too fast for conditions, failing to stop at a red light, driving while intoxicated, or otherwise violating the law.
  • Causation – Establish that your injuries would not have occurred but for the other driver’s negligence and that the other driver’s negligence caused your injury.
  • Damages – Establish that you suffered injuries and damages as a result of the collision.

Proving a negligence claim in court can be challenging and will require solid evidence, including photos of the scene of the accident, witness testimony, expert testimony, police reports, and medical documentation. Your attorney can help gather the necessary evidence and present your case in court to give you the best chance at recovering compensation. If your claim is successful, you may recover damages to cover various accident-related expenses.


Call Now To Schedule an Appointment