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A person in a car wreck might suffer serious injuries. This can lead to needing considerable medical care. The financial aspect can negatively impact the victim and their household. They may opt to pursue a claim for compensation, which means that they need to ensure their case includes specific elements.

One of the things that needs to be shown is that there was an element of negligence involved in the crash. It isn't always easy, so working with someone who is knowledgeable about this is beneficial.

What is negligence?

There are several points that must be present in order for a situation to be deemed related to negligence. All of these must be proven in the case if you are going to make a claim for compensation.

  • Duty: The defendant must have a legal duty to the complainant.
  • Breach: The defendant did something or failed to do something in a way that breached that legal duty.
  • Causation: The defendant's inaction or action caused the accident that led to the complainant's injuries.
  • Damages: The complainant suffered harm due to the breach of duty by the defendant.

How do you prove negligence?

You have to look into the circumstances of the crash to determine negligence. Things like using a cellphone while driving or being impaired can show that the driver was negligent. Other factors can also play into this so you should try to get as much evidence as possible. This can help to show that the defendant was negligent to either the judge or the jury.

Sometimes, defendants will try to work out a settlement because of the amount of evidence you have. This can work in your favor because you may have your case resolved sooner.

What can a claim for compensation do?

A claim for compensation can help to transfer the financial damages from the complainant to the defendant. This includes things like the costs of medical care and personal care needs. It can also cover the money the victim lost if they were unable to work because of their injuries.

When factoring the damages you've suffered, you should include those that you already know about. You can't forget the ones that you will incur in the future. All of these expense and damages can add up to a considerable sum, so try not to neglect any of them.

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Bonifield & Rosenstengel
16 East Main Street
Belleville, IL 62220

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