When you’re injured in an accident, expenses can quickly add up. You may be dealing with medical expenses, costs associated with property damage, and even lost wages, and because of this, you feel that it’s fair to seek compensation.
However, being compensated for your damages is a little harder than asking the at-fault party for a check. Ultimately, holding the negligent party accountable financially means proving the accident is their fault.
Proving negligence requires more than your word, you’ll need to provide proof, which applies whether you’re dealing with insurance companies or the legal system. So, how do you prove negligence? You start by proving four essential elements.
The Four Elements of Negligence
Before you can receive compensation for economic and non-economic damages, you must prove negligence. Proving negligence means showing the at-fault party’s actions are directly responsible for the accident.
Negligence has four components, duty, breach of duty, direct cause, and resulting injuries/property damage. Here’s a closer look at what each component entails:
- Duty means protecting others from harm. For example, driving while intoxicated or running a red light are actions that can place others in danger of being involved in an injury-causing accident.
- A breach of duty occurs when the individual’s actions place others at risk. An example is getting behind the wheel while intoxicated, where your actions are breaching your duty of care for others on the road.
- Direct cause refers to the negligent party’s actions since the accident wouldn’t have occurred if they didn’t have a breach of duty. If the intoxicated driver hadn’t gotten behind the wheel, you wouldn’t be dealing with injuries and property damage.
- Because of the other driver’s negligent actions, you’re injuries and property damage occurred.
As you can see, all four of these components are tied closely together, and you must prove all four elements to win a negligence case. Your attorney will work with you to tie these elements to your case to demonstrate you’re the victim of negligent behavior or actions.
Proving Negligence In an Injury Case
Sometimes proving negligence is relatively easy: if the at-fault driver is intoxicated, you can always refer to any charges stemming from the accident. Your police accident report will also list the accident’s cause.
You’ll want to get a copy of the accident report as soon as possible, so your attorney can start working on your injury case. Illinois makes it relatively easy to get your accident report, and you don’t even need to travel to a police station. You can visit the state police’s website and request a copy directly.
There’s a nominal fee to do so but you should have a copy of the report in a few business days. Don’t expect the report to be ready a day or so after the accident. In most instances, it takes around a week before the report is ready.
Other types of negligent behavior can be a little more difficult to prove. Speeding, failing to yield, and running red lights and stop signs are not always obvious causes of a car accident, which can also apply to accidents caused by distracted driving.
Hopefully, there’s a security or red light camera in the area that caught the accident on tape, which can also apply to other drivers involved in the accident or who witnessed the collision. Company trucks and other vehicles frequently have dash cams for their drivers’ safety, and the cameras are also not uncommon on more modern passenger vehicles. Don’t be afraid to ask if anyone recorded the accident. The footage can go a long way towards supporting your negligence claim.
Don’t forget to get contact information from any witnesses since your attorney and insurance company will want to talk with them. Your attorney will want to use their supporting statements and the insurance adjuster to verify your claim.
Proving Injuries and Property Damage
Once you can prove negligence, the rest may seem relatively easy. To move forward with your cause, the next step is to show that the accident is the cause of the damages. In other words, you wouldn’t have injuries or property damage if the accident never occurred.
While this seems a little elementary, you’ll still need to provide proof, which means gathering additional evidence and saving a lot of paperwork. Sometimes, it’s best to save every scrap of paper referring to the accident. You never know what may be important later in your case.
What are some of the records and receipts to hang onto? Keep copies of all of your medical records, which includes diagnosis, tests, and treatment. Keep your medical bills and receipts of any payments you make; the same idea applies to your vehicle. Keep records of the estimated repair or replacement costs—oh, and don’t forget about lost wages! If the accident is causing you to miss work, you can seek financial compensation.
You may also be eligible for non-economic damages, and this can get a little confusing as placing a dollar amount on something intangible like your pain and suffering is subjective. A good tip is to let your attorney guide you on this part of the process.
You may feel like you deserve an unreasonable amount in the eyes of the court, and you may also be considering asking for lower-than-average compensation. Your attorney is familiar with this type of damage compensation and will help you arrive at a fair and reasonable number.
Don’t be surprised if the same witnesses support both your negligence and compensation claim. Your attorney may also call expert witnesses to support your non-economic claims. Sometimes, a digital recreation of the accident is played before the court. While extreme and costly, it is an effective way to ensure the jury and/or judge understand the cause of the accident.
While the burden of proof is lower in a civil case compared to a criminal one, you still need to adequately support your negligence and injury claim.
Talk To An Attorney About Your Negligence Case
You have two years from the date of the accident to file for compensation. Don’t wait until the You have a two-year window from the accident date to initiate a compensation claim, a critical period that should not be underestimated.
Delaying consultation with an accident attorney until the brink of this deadline can jeopardize the strength and effectiveness of your case. An attorney’s expertise is essential in proving negligence, substantiating your damage claim, and navigating the legal intricacies.
Engaging with an attorney promptly ensures ample time for thorough preparation and evidence gathering, significantly enhancing your chances of securing fair and just compensation.
