Negligence, like medical malpractice in Waukegan, is one of the most common types of personal injury lawsuits. When a person acts in a careless manner and someone is hurt as a result of these actions, there can be a negligence complaint. Even though medical negligence may take expert knowledge to understand, it should not be overlooked because we know the damage it can do to you and your family and we do not want you to suffer. At Ryan, Ryan & Viglione we look at the facts and make sure you receive the compensation you deserve.
Discussing Negligence Elements
There are five elements of negligence that a jury should look at while they compare the facts, testimony, and evidence in a case.
- Duty: Does the defendant owe a duty to the plaintiff? A duty is when the law recognizes a relationship between the defendant and the plaintiff that requires the defendant to act a certain way towards the plaintiff. A judge determines if there was a duty owed under the facts of a case.
- Breach of Duty: Once the plaintiff proves that the defendant owed him or her a duty, they must also prove that the defendant breached the duty. A breach of duty could be something like failure to exercise reasonable care. Whether a defendant breached their duty is decided by a jury.
- Cause in Fact: A plaintiff needs to prove that the defendant’s actions were the actual cause of the plaintiff’s injuries. If the defendant didn’t act in a certain way, would the plaintiff be fine—or not injured? This is the main question to be answered during cause in fact.
- Proximate Cause: This relates to the scope of a defendant’s responsibility in a negligence case. Going hand-in-hand with cause in fact, the plaintiff needs to be able to prove that the defendant’s actions were the proximate cause of the plaintiff’s damages. Without proof, there is no case.
- Damages: Negligence cases reflect the damage to a person who the defendant owed a duty of care. If there are no actual damages, the failure to exercise reasonable care is essentially inconsequential.
Who Is Responsible?
Negligence liability is a case where you have to prove that someone acted negligently or carelessly, resulting in injury. There are times when a person is responsible for the individual’s injury, but sometimes it can be a manufacturer due to a faulty product. It’s important that the injured party reaches out to a lawyer as soon as possible to gain the help they need to help them with their case moving forward.
Contact Us Today
Medical malpractice and negligence claims are examples of just some cases that Ryan Ryan & Viglione can help you with and can assist you in taking the right steps to put your life back together. If you think that you or someone you know may have been the victim of negligence, you should contact the attorneys at Ryan, Ryan & Viglione to discuss your case at 847-244-1436. Reach out today, so we can help you determine the next steps.
