Fault is at the cornerstone of any personal injury case. In most states, the burden of proof is on the plaintiff to prove that the defendant was at fault in a personal injury case. A personal injury lawyer in Chicago, like one from Lerner and Rowe, helps to confirm that the defendant was at fault. Let’s look at what is required to prove fault in Chicago injury cases.
Understanding Negligence and Fault in Chicago Injury Cases
Fault and negligence are essentially the same thing. When someone fails to act to prevent someone else from getting hurt, it is negligence. Proving negligence requires four components: duty, breach, causation, and damages.
- Duty: The plaintiff must establish that the defendant owed a duty of care to the plaintiff. This requires proving that the defendant was legally required to do (or not do) something concerning the plaintiff. For instance, it may be drivers’ duty to obey traffic laws for the safety of others on the road.
- Breach: The plaintiff must prove that the defendant violated this duty of care. A breach happens when the defendant’s conduct (or lack thereof) fails to meet what a reasonable person would do in that same situation.
- Causation: Causation is proof that the defendant’s negligence caused the plaintiff’s injuries.
- Damages: Damages are the actual harm experienced by the plaintiff. A personal injury settlement can cover medical expenses, lost wages, pain and suffering damages, and any other losses related directly to the injury.
Gathering Evidence to Support Your Claim
Evidence must be gathered to support each aspect of negligence in your claim. For example, some things that can prove duty of care include laws, expert witnesses, and shared knowledge. Let’s say that someone ran a red light and caused an accident. The citation they received for running that red light would prove that they violated their duty of care to prevent the accident.
Duty of care involves more compelling evidence. For example, in a slip-and-fall accident, maintenance records or safety inspections could prove that lack of work on a sidewalk contributed to a crack that injured a person.
Causation proves that the injury was the fault of the defendant. Medical records are often the most compelling evidence of causation. Medical documentation dated shortly after a car accident ties a person’s injury to that accident. Witnesses from the scene of an accident who saw someone slip and fall and get taken away in an ambulance also demonstrate causation.
Medical receipts, pay stubs, and other financial records showing the cost of medical care and lost wages prove damages. Experts can also testify about non-economic damages to help with the case.
The Role of Expert Witnesses to Prove Fault in Chicago Injury Cases
Expert witnesses are instrumental in establishing fault in Chicago injury cases, as they offer insight that can quickly unravel complicated parts of your case. For example, medical professionals may be called to the witness stand to testify about your injuries: how severe they are, what treatment you have received, and what lifelong effects those injuries will have on your life.
Accident reconstructions are another type of expert witness commonly used in personal injury claims. They can investigate the scene, reexamine evidence, and recreate an intricate reconstruction detailing how the accident happened. Expert witnesses provide strong evidence to substantiate your story and exemplify the defendant’s carelessness.
What Defenses Are Available to Establish Fault?
There are many different strategies a defendant’s lawyer will use to deny fault in Chicago injury cases. For example, if you were injured in a slip-and-fall accident on a snow-covered path, the defense could argue “natural accumulation.” Other potential defenses in personal injury cases include attempting to break down the timeline of the injury, comparative negligence (which can reduce the claim amount), and assumption of risk. Essentially, the defendant’s attorney is responsible for trying to undermine the plaintiff’s presentation of negligence.
The Legal Process for Filing a Personal Injury Claim in Chicago
How do you file a personal injury claim in Chicago? First and foremost, you should start with an attorney consultation at Lerner and Rowe. If you have a claim, the attorney will begin investigating your case. Reciprocal demand letters will often start the negotiation process. Most cases can be resolved during negotiations.
If negotiations fail, there is a trial. Before the trial, both parties will have the opportunity to see each other’s evidence in a process known as discovery. Various pre-trial motions will seek to dismiss parts of a claim or the entire claim. The trial will allow both sides to present their evidence and arguments, and a jury will arrive at a verdict.
Most cases get resolved before trial, meaning your case could be settled during negotiations. However, if an agreement cannot be reached during negotiations, your personal injury attorney at Lerner and Rowe will advise you on the best actions to take with your case.
Get Help Proving Fault in Chicago Injury Cases
The Illinois injury attorneys at Lerner and Rowe can help you with your personal injury case, particularly finding fault. Your Chicago personal injury lawyer will address all faults of negligence in your case. They will research the proper case law and find a solid footing for your claim. With Lerner and Rowe, you could potentially receive a settlement in your case, helping you receive the compensation you deserve.
To get the legal service and treatment you deserve, contact Lerner and Rowe today. Our office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday, and we’re available 24/7 by phone at 844-977-1900. You can also reach us through our online form or LiveChat service.