How Does a Personal Injury Attorney Prove Negligence in a Lawsuit?

Posted by Daniel Lawrence on March, 2021

When you’re injured due to the actions or inaction of another person or business entity, you have the right to seek damages. However, the success of your claim will depend on the ability of your Chicago personal injury attorney to prove that party’s negligence. This brief overview shows how negligence is proven in court.

Show That a Duty of Care Was Breached

The first step is to show that the defendant in your injury claim owed you a duty of care, which means they had a reasonable responsibility to ensure your safety. This might mean a store owner is responsible for keeping floors clear of obstructions. You can prove that duty was violated or breached by showing pictures of the obstruction on the store’s floor.

Show That the Breach Caused the Accident

You must also show that the breach of duty was the proximate cause of your accident. If the floor inside the store was wet and that caused you to slip and fall, you can establish that the wet floor caused the fall. However, if you stepped over the wet area of the floor and suffered a heart attack 15 minutes later, you wouldn’t be able to show that the wet floor caused your heart attack.

Establish a Financial Loss

Finally, your Chicago personal injury attorney will also have to prove that the accident caused you to suffer financial damages. This can most easily be proven with medical records that establish your need for the treatment of your injuries. You can also provide proof that your medical care caused you to miss work or subjected you to emotional stress. Your attorney can discuss the full range of damages you can claim in your case.

After you have been injured in an accident, contact Shea Law Group at https://www.shealawgroup.com to discuss your situation.

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