What constitutes personal injury negligence?

When an act of carelessness leads to personal injury or harm this is referred to as personal injury negligence. If personal injury in Rockford IL is caused by an act of negligence then there is a liability associated with it. If the city in which you live fails to maintain the sidewalks and you should trip and fall as a result of the condition of the walk, the municipality is negligent.

If the negligence of another person or entity leads to injury or bodily harm, the injured party has every right to institute a personal injury lawsuit. Not every case is a given however, it is not enough to simply be injured, it must be proven that the injury was caused by the defendant not living up to his or her duty and it was this lack of attention that caused the event that caused the injury. The injured party will also have to prove that the lack of action on behalf of the defendant caused the suffering.

It is assumed that every reasonable individual should be able to see that lack of action on their part will result in injury or even worse. This is called “duty of care” and means that people and institutions must take care to avoid any situation that will put people in harm’s way. It is the responsibility of the individual to clean the ice from his sidewalk as he or she knows that by not clearing the walk, a visitor is likely to slip and fall. By not clearing the walk the homeowner has neglected his duty of care. This is the same if a construction company installing sewers does not barricade the open trench, the company has breached their duty to care when a pedestrian falls in the open trench and is injured.

The plaintiff in a lawsuit who suffers personal injury in Rockford IL must prove that there were damages that were the direct result of the defendant’s action or lack of action. If the plaintiff has lost wages and suffered medical expenses, or a person becomes permanently disabled as a result of the negligence these events are considered to be the damages as he has lost the ability to earn money and care for his family and obligations. Click here to know more.

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