An Illinois negligence case is determined by two main elements: duty and cause. The relationship between you (the plaintiff) and the other party (the defendant) is critical in determining how your case is structured by your Chicago personal injury attorney.
Breach of Duty in an Illinois Negligence Case
Most Illinois negligence cases stem from a breach of duty from the responsible party. In this type of claim the relationship between you and the other party is examined to determine if the defending party had a duty to keep you from harm. An experienced Chicago personal injury attorney can help you provide evidence as to how your relationship with the defendant would be subject to breach of duty.
An example of where a breach of duty would come into question in an Illinois negligence case would be a customer who slips and falls on a spill in a grocery store. Because the store relies on customers walking in their aisles to purchase items, the store also has a duty to keep those aisles clean and free from hazards which may injure their customers.
Cause in Fact in an Illinois Negligence Case
Another less common type of Illinois negligence case is based on cause in fact, where you must prove the defendant’s actions specifically caused your injury. In claims like these, your injury would not have happened if it weren’t for the defendant’s actions.
An example of cause in fact would be a child who is struck by a bag of grain being loaded on a truck by a worker. As long as the child was legally allowed to be there (it was not private property) and you could prove the worker could have foreseen the harm that would have resulted in the bag striking the child, you have cause in fact for negligence.
Continue reading to see how these elements are proven in an Illinois negligence case and how a Chicago personal injury attorney can investigate the full details of your case to determine liability.
Providing Evidence of Negligence in an Illinois Negligence Case
In most instances of an Illinois negligence case, the definition of the relationship between you and the defendant is determined by a judge. The court must find that a relationship exists between you and the defendant in which the defendant owes you a duty of care to prevent you from harm.
Proving cause in fact is a bit more difficult in an Illinois negligence case. You may find it best to hire a Chicago personal injury attorney to help you with this process, as their experience with similar cases will enable them to more efficiently investigate and handle your claim. The biggest argument the defense will use against cause in fact is that you should have been aware of the dangers.
Evidence of Injury in an Illinois Negligence Case
In addition to establishing that the defendant had a duty to keep you from harm, a valid Illinois negligence case will show that you sustained injuries as a direct result of the negligence of the defendant. Your medical records, doctor reports, and witness statements will all help substantiate your claim.
For the best structuring of your claim as well as help in proving who was negligent and responsible for your injuries, you may require the help of a Chicago personal injury attorney.
Hiring a Chicago Personal Injury Attorney
Plaintiffs who utilize the expertise and experience of a Chicago personal injury attorney often find their Illinois negligence case goes quicker and results in a larger settlement. Cases handled seriously by an attorney have less chance of being wrongfully denied or under-compensated by insurance companies.
The Chicago personal injury attorney team at the Law Offices of Barry G. Doyle, P.C. can help you understand the claims process. Contact us today for a free case evaluation – 312-263-1080
