Accidents can happen anytime, anywhere. Knowing whether there’s a valid personal injury case is important for getting the compensation deserved.
Several factors determine the viability of a personal injury claim.
The presence of an injury
A personal injury case starts with an actual injury. This injury can be physical, emotional, or both. Medical records and reports help prove the existence and extent of the injury. Without these, it is hard to show that an injury occurred.
Negligence or fault
Someone else’s negligence or fault must have caused the injury. This means the responsible party failed to act with reasonable care. For example, a driver who runs a red light and causes an accident is negligent. To establish negligence, four elements need proving: duty, breach, causation, and damages.
Duty of care
The injured party must demonstrate that the responsible party owed them a duty of care. In the context of car accidents, drivers have a legal obligation to operate their vehicles safely to avoid harming others on the road. Similarly, in slip and fall incidents, property owners are required to maintain their premises in a safe condition for visitors to prevent accidents.
Breach of duty
After establishing that a duty of care existed, it must be shown that the responsible party breached this duty. A breach occurs when the party fails to act with the level of care that a reasonably prudent person would under similar circumstances. For instance, a store owner breaches their duty by neglecting to clean up a spill, thereby creating a hazardous condition that leads to a slip and fall accident.
Causation
Causation connects the breach of duty directly to the injury sustained. The injured party must prove that the breach was the proximate cause of their injury, demonstrating that the injury would not have occurred but for the actions or inactions of the responsible party. This establishes a direct link between the breach and the harm suffered.
Damages
Finally, the injured party must have suffered damages. Damages can include medical expenses, lost wages, and pain and suffering. Without damages, there is no basis for a personal injury claim.
Understanding these factors helps determine if a personal injury case exists in Illinois.
