When you’re injured by another person, you may be able to sue them for the injuries you sustain. But before you can take the responsible party to court, you need to be able to prove negligence in your personal injury claim. Though proving negligence can seem difficult, it’s a fairly straightforward process that your Chicago personal injury attorney can help you navigate. However, it’s still beneficial to understand what you’ll need to show the court before you file your claim. Let’s take a closer look.
The Components of Negligence in Personal Injury Claims
Every personal injury claim must be able to show that the other party was negligent in their actions. This is done my satisfying the following components.
Duty of Care
To prove negligence, you must be able to show that the other party owed you a duty of care. This means you must be able to show that they were expected to act in such a way as to prevent your injuries in the first place. In car accidents, this may involve showing that the other driver owed everyone on the road a duty to drive responsibly and safely.
Breach of Duty of Care
You’ll also need to show that the other person breached their duty of care in the course of their actions. This means you’ll need to show that the other person behaved irresponsibly and in a way that’s inconsistent with what a reasonable person would do under the same circumstances. For car accident cases, this may involve proving that the other driver was driving irresponsibly by speeding, being distracted by a phone call or text message, or other similar scenario.
Causation
You’ll need to show the court that the responsible party’s breach of the duty of care effectively caused your injuries. In car accident cases, this may involve showing that the driver’s actions ultimately led to the crash. Your Chicago personal injury attorney will help you establish causation by examining the evidence surrounding your accident.
Damages
You’ll need to show that the accident caused enough harm to cause you to experience some form of monetary loss. This could be damage to your vehicle, physical or emotional distress requiring medical treatment or causing you pain and suffering, or other monetary loss. Your attorney will help you determine if you suffered enough monetary loss to prove negligence.
What Proof Do You Need?
To fully show that the other party acted negligently, you’ll be expected to provide clear evidence showing that the breach of duty of care happened. The types of evidence you’ll need to provide will vary based on the circumstances of your case, but may include the following:
- Photos you took of the scene of the accident
- Witness statements
- Your police report
- Surveillance footage if available
- Medical records showing the extent of your injuries
Provide as much documentation as you can to your attorney and let them help you find any other evidence to strengthen your claim. Remember, you don’t have to do this on your own.
How a Chicago Personal Injury Attorney Can Help
If you’ve been injured in an accident, working with a Chicago personal injury attorney can help take the stress out of holding the other driver responsible. They’ll help you track down relevant evidence, find expert witnesses who can testify to the extent and severity of your injuries, and will represent your interests in court if your case goes to trial.
You’ll have access to an expert who can give you advice and help you navigate your personal injury claim with confidence.
Schedule a Consultation Today
The sooner you speak with an experienced attorney, the better. At Fabbrini Law Group, our team has helped drivers like you hold other drivers accountable for their actions on the road for years. Contact us today to schedule a free consultation and see if you have a valid personal injury claim.