If you want to succeed in a personal injury case, you and your personal injury attorneys need to be able to effectively prove that negligence truly caused your injuries. There are many elements in negligence cases that you should consider before filing a lawsuit, but attorneys can also help you better understand these aspects. The five elements that juries have to examine include Damages, Duty, Breach of Duty, Cause in Fact, and Proximate Cause.
Even if negligence has affected an individual, he or she cannot successfully sue the negligent parties in a personal injury lawsuit if an injury isn’t apparent. Medical records and police reports provide evidence of injuries sustained, and should be readily available in a negligence case.
A judge will usually determine if a defendant owed a duty of care to a victim of negligence, which heavily influences the outcomes of many cases. An example of this would be a caregiver at a nursing home whose negligence caused harm to residents, when they were responsible for the residents’ wellbeing.
Determining a breach of duty differs from determining owed duty in that a breach of duty occurs when a defendant fails to exercise reasonable care while fulfilling his or her duties. Breach of duty acknowledges that the defendant owed a duty of care, but normally the jury decides if that duty was fulfilled competently or negligently.
Plaintiffs in negligence cases must also prove that a defendant’s actions were directly responsible for injury. Personal injury attorneys and plaintiffs help prove that injuries could have been prevented if not for the defendant’s actions. The concept is often referred to as “but-for” causation. For example, but for a legal guardian’s negligent actions, a child would not have been injured.
Negligence cases also require defendants to have been able to foresee the consequences of their actions. When harms caused by defendants fall outside of the zone of acknowledgeable risks, plaintiffs and their personal injury lawyers will not be able to prove proximate causation.
If you want to file a negligence claim, these main elements will help you succeed and recover the maximum amount of compensation. Personal injury attorneys can provide representation that carefully addresses each of these to strengthen your case as much as possible.
Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.
Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2023
Britany WeaverView more testimonials
Cheryl WagemannView more testimonials
Elvira G.View more testimonials
Tony S.View more testimonials
DEVIN JONESView more testimonials
Devin JonesView more testimonials
Annie OngView more testimonials
Eugenia CatheryView more testimonials
Omolewa SnyderView more testimonials
Trevor HarrisView more testimonials
Ernest PittsView more testimonials
Ariel FlemingView more testimonials
Carmen RiveraView more testimonials
Greg GustafsonView more testimonials
Malak St.ClairView more testimonials
Devri LottView more testimonials
Adrian LopezView more testimonials
Vanessa LeonView more testimonials
Nyah VuljanicView more testimonials
Jeff WalkerView more testimonials
Steve AcostaView more testimonials
Adrianna GomezView more testimonials
Jose CruzView more testimonials
Meagan CruzView more testimonials
Eddie VillarrealView more testimonials
Madissen MillerView more testimonials
Christina OconView more testimonials
Adriana MartinezView more testimonials
Virgil SannerView more testimonials
Jazlyn CaraballoView more testimonials
Ashley JenkinsView more testimonials
Schedule a free consultation with one of our experienced lawyers today by filling out the form below or call us at 1 (888) 625-6265
Speak to Lawyer 24hrs a Day