Negligence is one of the most important concepts in personal injury cases. The legal system defines negligence as “the failure to exercise the care toward others which a reasonable or prudent person would do in the same or similar circumstances.” Most of the hard work in a personal injury case involves a plaintiff establishing that the defendant’s actions, or inactions, amounted to negligence.
Proving negligence in a personal injury case is broken down into proving four elements that the courts have established as standard procedure. These elements are as follows:
- Element #1: Duty of Care-To prove negligence in a personal injury case, you must first show that the defendant owed you, or your child, a duty of care. This means that they had an obligation to act with a certain degree of reasonable caution and good sense and this first element is often the easiest to prove.
- Element #2: Breach of Duty-Once it has been shown that the defendant owed you, or your child, a duty of care, you will then need to prove that they then breached this duty owed to you through either their actions or inactions.
- Element #3: Causation-Once you have shown that the defendant breached their duty to you, or your child through reckless behavior, you will need to show that their behavior caused your injuries and damages.
- Element #4: Damages-Finally, once it is shown that the defendant’s actions caused your, or your child’s, injuries and damages, you will need to show that the harm you suffered translates into an amount of money and that amount will help remedy the wrongs that were suffered.
Proving negligence can be more complicated than most people think. This is why it is important to discuss your case with an experienced personal injury lawyer as soon as possible following any accident.
If your child has been injured in an accident, contact America’s Consumer Lawyer for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.
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Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule meeting with us here. We’re here 24/7.
