Many people misunderstand how an experienced and skilled personal injury attorney from Illinois assembles a successful claim. Car accident victims or concerned family members of accident victims often believe that suffering an injury in an accident equates to a successful injury claim. Suffering an injury in an auto accident, premises liability, or other accident due to another’s negligence is a prerequisite to winning your case. However, other issues must be resolved in the victim’s favor before the case is won.
The law of negligence in Illinois may be broken down into three parts. The claimant, or plaintiff when filing a case in court, must prove all three elements by a fair preponderance of the credible evidence. That fancy legal phrase might be more easily understood as proving the case by a margin of 51% to 49%, or “more likely than not.”
The first element of negligence that a plaintiff must prove in Illinois is that the negligent driver, for instance, had a duty to act and did not adhere to that duty. For example, every motorist in the state has a duty to drive in a safe manner. Therefore, a plaintiff needs to prove that the person violated that special duty to drive safely.
The second part or element that the plaintiff must prove is causation. Causation is a link in the chain that led to a person’s injuries. For instance, a person who experiences neck pain after a car crash but did not have the pain before the collision could argue the accident caused her neck pain.
The third part is injuries. There can be no claim without cognizable injuries such as medical expenses, lost wages, along with pain and suffering, for example. Other losses might be compensable under Illinois law provided that those losses are tied to the breach of the defendant’s duty in a logical way.
INJURED? CALL STEIN SHULMAN, LLC FOR YOUR INSTANT CASE ANALYSIS
Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Personal Injury Law. You can receive a free and instant case review by calling our office at (312) 422-0506.