Negligence involves a scenario where an entity or an individual owes a duty of care to another individual, breaches that duty, causing injuries to the other person, and the breaching entity or person can be held responsible for their negligent actions. For example, a surgeon who leaves a needle in a patient during surgery, causing infection, is liable for medical negligence. Also, a distracted driver who is texting while driving or driving under the influence of alcohol or other drugs and causes an accident that injures another motorist may be held liable for negligence.
To recover compensation in a negligence personal injury claim, the injured party must prove the following elements of a negligence case:
Duty of care. The injured party must have formidable proof to show that the defendant had a legal duty to employ a level of care under the circumstances stipulated. For instance, in a car accident case, drivers must obey traffic rules. They must maintain proper overlook and not intentionally cause accidents. Thus, when a driver sees a potential hazard, they must not ignore it just because the law implies they have a right of way. Further, when a driver is on a highway street and approaches a green light; it’s their duty not to crash into another vehicle that’s obstructing an intersection.
Breach of duty of care. This element recognizes if there was any lack of proper care by the defendant. After proving a legal duty of care, the plaintiff (injured party) must show that the defendant failed to uphold that duty. The injured party must have formidable evidence to show that the accused party knew, and has an apparent knowledge of the accident, or must have known that his/her actions would cause an undesirable consequence. During car accident cases, a licensed driver must know and understand that following another vehicle closely may cause a rear-end collision. The driver must fully know the distance they need to keep when following another car. Thus, if a driver can’t maintain a proper distance from the other car, a collision may occur. With that said, the driver has breached their duty to keep a safe following distance.
Cause. An injured party in a car accident or uber accidents also needs to prove that the breach of a legal duty of care caused their injuries. Further, the injured party is expected to show a specific bodily injury, such as whiplash, that happened because the defendant ran a red light and caused the accident.
Actual injuries. Finally, the injured party and their Cook County negligence attorney must show an actual injury or harm for which the injured party may receive compensation. This element requires a physical injury and must be actionable. The emotional harm caused by trauma doesn’t qualify for a claim for emotional damage.
Once the injured party and their Chicago personal injury attorney meet all the burdens of establishing negligence based on the four elements mentioned above, they may receive their compensation.