Identifying and Proving Cause in Fact Negligence

Responsibility for actions is a critical part of a negligence case when it comes to determining if a defendant's actions caused your injuries. Proximate cause is the scope of a defendant's responsibility in a negligence case. Whether or not the defendant should have foreseen the likelihood that their actions caused your injury is left to interpretation by the court.

An example of a reasonably obvious case of cause in fact is when a business owner is aware of a drainage problem on their property. Runoff from a roof that is known to freeze on the walkway and cause ice patches should be obvious that it creates a hazard. If you slipped and fell on this ice, you could claim that the business owner's neglect in fixing their drainage problem in fact caused your injury.

The injuries you sustain must have been directly caused by the negligence of the other party. In most claim investigations, past medical records may be examined to ensure that the injuries are recent and not pre-existing conditions.

Providing evidence that your injuries were caused directly by the actions of another party can be difficult depending on the nature of the accident and presence of witnesses. You should keep careful records of all events, reports and statements involving your accident and be prepared to submit these to help prove your claim.

There are other types of negligence factors that may come into play when dealing with a negligence case. Learn more about the elements of an Illinois negligence case by visiting our library. 

An experienced Chicago personal injury lawyer at The Law Offices of Barry G. Doyle, P.C. can help you identify the parties responsible for your injuries, compile your case and take it to court. Contact us today for a free case evaluation. 312-263-1080.