In legal terms, negligence is carelessness that leads to the personal harm of another. Contrary to other unlawful actions, negligence is a passive wrong. It’s not necessarily what you do, but what you don’t do that hurts the other party. For that reason, negligence can be difficult to prove. It takes an experienced attorney to prove negligence in a personal injury case.
How Does an Attorney Prove Negligence?
Negligence is one of the most important components of personal injury law. It can involve legal entities from large corporations to homeowners. To prove negligence, an attorney will need to show that the defendant had knowledge that an action or lack of action could cause harm, and that his or her failure to perform that action led to a personal injury. For example, if you slip on the ice and become injured outside a home, an attorney would need to prove negligence in order for you to collect damages from the homeowner. Analyzing whether the homeowner had ample time to clear the ice, the circumstances of your fall, and a host of other factors would be instrumental in proving negligence.
How Do You Obtain Compensation in a Negligence Case?
To obtain compensation for your injuries in a case involving a personal injury, you will need to first prove that the defendant violated his or her duty of care, and that you suffered such damages as the inability to work and medical bills as a result. Duty of care refers to the obligation that we all have to reasonably avoid actions or situations that could cause harm to others. If you have suffered physical harm due to the breaching of duty of care by another person, you are entitled to damages.
Negligence is a highly complex area of personal injury law, so you will need an experienced attorney to help guide you in your case. At Malman Law, we have years of experience helping clients obtain their just compensation. To learn more about our practice, call our Chicago office at (312) 983-6193.
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