“Negligence” is a term associated with virtually all types of personal injury cases. Negligence is the way that someone is held responsible for causing an injury and can be held accountable for their actions. It means that the carelessness of one person put the safety and well-being of another individual at risk. Learn more about negligence claims from our expert Chicago injury lawyers.
Generally speaking, proving negligence is necessary to file a successful claim and involves the following factors:
- The other party owed “duty of care”
- The other party breached their duty of care
- “but for” causation
- Proximate cause (the accident was foreseeable)
- Actual damages
If you or a loved one believe that you were injured based on the negligence of another person, you may be entitled to recover damages for your injury. Working with a personal injury lawyer at Duncan Law Group can help determine if negligence played a part in your injury and how we can work with you to get what you are owed. Contact us for more information!
What Is “Duty of Care” in A Negligence Claim?
Duty of care is a legal term that refers to a person or organization’s responsibility for the safety and wellbeing of an individual. Employers must provide a safe work environment for their employees; doctors must give their patients proper care; product manufacturers must create safe merchandise. These are examples of one party’s duty to protect the best interest and well-being of another person. Without duty, you cannot prove negligence.
- Breach of duty occurs when the defendant fails to uphold his / her duty of care.
Additionally, the plaintiff will have difficulty proving negligence without “but for” causation. In short, this element of the claim must show that the defendant’s negligence is completely responsible for the accident. Without the defendant’s actions, the plaintiff would not have suffered damages.
The defendant is only liable for damages if they were caused by a foreseeable hazard. If the defendant could not anticipate an accident, he / she may not be liable for the injury. Finally, the plaintiff must show that the defendant caused his / her damages. The defendant can only be held liable for damages if they actually exist; if the plaintiff did not suffer any real damages (such as an injury or emotional trauma), he / she may not be entitled to compensation. Speak with our Chicago injury lawyer to learn more about your rights.
How to Contact Duncan Law Group for Chicago Negligence Claims
Was your injury, accident, or suffering caused by someone else’s carelessness? Duncan Law Group can help. Over the years, the legal team at Duncan Law Group has recovered hundreds of millions of dollars for accident victims. Taking action as soon as possible is one of the ways that you can help ensure that you are taken care of!
Don’t wait until it’s too late to get the money that you deserve; call our firm today and request a free, no-obligation case consultation. You can also fill out an online form at your convenience.
Feel free to reach out and speak with our experienced team of professionals who are here to provide you with expert guidance.
