There are a number of factors that go into proving a personal injury claim. While working with an experienced personal injury lawyer or work injury attorney can help you understand the process, it is important to educate yourself on some crucial legal definitions. Learn how personal injury claims are settled with this overview on fault, negligence, and liability.
Fault is defined as being legally responsible for the personal injuries sustained by another person. However, proving fault is not always an easy task, as it requires the defendant to show that the other person was negligent and therefore liable for any injuries or damages.
In personal injury law, negligence is defined as an individual’s failure to provide reasonable care or take measures to avoid injury or loss to another person. Four things must be demonstrated in order to prove negligence, including:
- A breach of duty of care, or obligation of an individual to exercise reasonable care in the conduct of any activity
- The behavior or inaction of the other party did not meet the standard of care that any reasonable person would meet in the same circumstances
- The injury or loss occurred under foreseeable circumstances that could have been prevented
- The injury suffered was the direct result of the breach of duty of care
Liability is similar to fault, in that it refers to an individual’s legal responsibility to another individual due to his actions or failure to act. For example, business owners have a responsibility to ensure the safety of their patrons; in the event that a consumer slips and suffers an injury on the premises due to lack of maintenance or presence of hazards, the business owner would be held liable for the person’s injuries.
With over 80 years of combined experience, our personal injury and work injury attorneys with the Santilli Law Group are devoted to helping our clients gain the compensation they deserve. Let us defend your legal rights by calling (312) 854-0943 to set up an appointment at one of our two Chicago locations.
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