How Your Lawyer Will Prove Negligence in a Personal Injury Claim

When you have been injured through the fault of another, pursuing a successful claim will depend on your ability to show that the other party acted negligently. This means you’ll need a personal injury lawyer in Mokena to help you prove the elements that comprise negligence. The following overview explores what this process entails.

Prove a Duty of Care

The first step is to prove that the defendant owed you a duty of care. Generally, this means they had some responsibility to ensure your safety in the situation that led to your accident. For example, a driver has a duty of care to drive safely and obey traffic laws.

Prove the Duty of Care was Breached

The second step involves showing that the duty of care was breached or violated by the defendant. In the previous example, a driver who is speeding or driving under the influence has breached his duty of care. In another example, a store owner who fails to clean up a spill on the floor has also breached their duty of care.

Prove the Breach Caused the Accident

Your personal injury lawyer in Mokena must also prove that the breach led to the accident and that the accident caused your injuries. For example, the driver who was speeding might not have collided with your vehicle if he had been obeying the speed limit. The customer in the store might not have fallen if the store owner had cleaned the spill on the floor. Any injuries that resulted from these accidents are the responsibility of the defendants for breaching their duty of care.

If you have been injured in any type of accident, schedule a consultation with Block, Klukas, Manzella & Shell PC by visiting them online at

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