When you suffer an injury or damages because of someone else’s negligence or recklessness, you can sue for compensation. Suffering an injury through an accident caused by someone else can significantly impact your life physically, financially, and even emotionally. It can throw your life off balance and leave you with significant medical bills, not to mention you may lose your ability to work due to a long-term injury.
Thankfully, you can file a personal injury claim with the help of a personal injury lawyer to seek recovery for the damages you have suffered. However, you must prove negligence for you to be compensated.
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What is negligence?
If you suffer an injury or harm due to another individual’s carelessness or recklessness, you can sue them, and they can be legally held responsible for your damages. That carelessness is known as negligence in personal injury law.
According to a Chicago personal injury attorney, negligence law allows you to sue an individual or company for the harm they caused you through their negligent actions. Negligence happens when the individual’s actions fall below a reasonable standard of care. The reasonable standard of care is how the average individual in the same position would act under similar circumstances.
Some examples of cases of negligence
Negligence occurs across many professions, industries, and circumstances. It occurs when someone acts recklessly. Some everyday situations where negligence may be evident include:
- A car accident- when a driver acts recklessly, causing a car accident that leads to injuries, death, or car damage.
- Medical malpractice- when a healthcare professional acts recklessly, leading to permanent damage or death.
- A slip and fall accident that can occur due to a defective or hazardous sidewalk or premises.
- Workplace accidents which can occur in your workplace.
- Physical or emotional assault due to violence, bullying, etc. which can lead to long-term emotional damage or suicide.
- The harm a child suffers when left with an incompetent caregiver.
- The harm seniors suffer due to inadequate care in a nursing home.
- Shooting in public venues leading to injuries.
Negligence may play a role in any of the situations mentioned above. As earlier mentioned, you must establish negligence or a lack of reasonable care to prove a personal injury claim.
Aspects of negligence
There are five aspects of negligence: duty, breach, cause, proximate cause, and injury or harm. The personal injury lawsuit must establish the following to prove negligence:
- A legal obligation existed between the claimant and the defendant.
- The defendant (person being sued) breached that duty.
- The claimant suffered injuries or harm.
- The injury was a result of the breach of duty.
Duty is the responsibility an individual or professional has to other members of society, and sometimes it is mandated by the law. For instance, many states, including Chicago, require you to stop and help someone hurt in an accident, and it is a failure of duty to involve yourself in actions that cause harm to other individuals. Breach of duty also applies to professionals like medical personnel who are required to take care of their patients reasonably.
A knowledgeable personal injury attorney can provide the guidance you need to prove a negligence case.