While some personal injury cases are filed by victims of deliberately harmful behavior (also known as intentional torts), most of these cases concern negligent actions. While the word “negligence” can have many different meanings in everyday use, it has a very specific definition in civil law. This article will outline the components of actionable negligence.
If you have been harmed by another party, you may be eligible to receive compensation from him, her, or it. The Champaign personal injury attorneys at Spiros Law, P.C. can keep you informed as you pursue justice. Call us today at (217) 328-2828.
The Components of Negligence
Building a successful personal injury claim requires organized and sometimes extensive evidence. In order to be awarded for an injury, you will need to demonstrate that:
- The defendant owed you a certain duty of care – We all have a responsibility to respect the rights of others and not place others in danger unnecessarily. Certain relationships create additional responsibilities. For example, product manufacturers have a responsibility to make sure that customers can safely use the items they sell.
- You suffered from the defendant’s failure to meet this duty – You will need to demonstrate that a direct relationship between the defendant’s negligence and your injuries. If your injuries would likely have occurred even without the defendant’s contribution to the accident, you may not be eligible for compensation.
- Your injuries are significant enough to merit compensation – In order to receive compensation, you need proof that you experienced medical or financial losses. Medical records, property repair bills, records showing missed days of work, and other forms of evidence can all be useful.
Even if your case seems straightforward, persuading a judge, jury, or mediator can be difficult. Before pursuing a claim, it is recommended that you discuss your case with an experienced Champaign personal injury lawyer.