When a victim files a personal injury claim against another party in Illinois, that claim is usually built on the concept of negligence. This means that in order to be successful in their lawsuit, they need to provide evidence to the jury or judge that shows the person they are suing acted in a negligent manner and that negligence resulted in the accident that caused the victim’s injuries. In order to obtain the best outcome based on the circumstances of the case, victims should always consult with a personal injury lawyer Schaumburg, IL clients recommend before filing.
What Is Negligence?
How does the law define negligence? In some cases, it may be easy to show that the other party’s actions were negligent. In other cases, it may not be as obvious, and it is necessary to hire experts to help prove that negligence, such as accident reconstructionists or medical experts.
Typically, negligence is defined as behavior or actions that a reasonable person would not engage in. Failure to act to help a victim that results in injuries can also be deemed as negligence.
When preparing a personal injury lawsuit, a personal injury lawyer in Schaumburg, IL knows that he or she will have to prove four elements in order to be successful on behalf of their client.
The first element is proving that the at-fault party owed the victim a duty of care. For example, a driver owes a duty of care to all others they share the road with to operate their vehicle in a safe manner and obey all traffic laws.
The second element is proving that the at-fault party breached that duty of care. For example, if a driver is checking their text messages while driving and ends up slamming into the vehicle in front of them, they breached that duty of care by not paying attention to the road as they are required to do.
The third element is that the victim’s injuries were a direct result of that breach of duty. In the above example, had the driver not been texting, they would have stopped their vehicle in time and not slammed into the victim’s vehicle and the victim would not have suffered any injuries.
The final element that must be proven is that the victim has suffered losses as a result of their injuries. This can include medical bills for treatment of their injuries and lost income if they were unable to work at any time during their recovery. They can also be compensated for pain and suffering, emotional anguish, permanent disability, scarring, and more.
Illinois Personal Injury Law Firm
If you have suffered injuries in an accident caused by another party’s negligence, contact Therman Law Offices, LTD to schedule a free and confidential case evaluation with a Schaumburg, IL personal injury lawyer and find out what legal options you may have.