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Negligence is at the heart of most personal injury cases. Whether it’s a car accident, a slip and fall, or a medical malpractice claim, proving that another party’s carelessness caused your injury is essential to securing compensation. But for most people, understanding how to prove negligence in court can seem complicated and overwhelming. In this blog post, let’s break down the process into clear, manageable steps, so you know what to expect and how to strengthen your case.

What Is Negligence?

In personal injury law, negligence occurs when someone fails to take reasonable care to avoid causing harm to others. For example, a driver speeding through a red light is acting negligently because they are ignoring basic traffic laws designed to keep others safe.

To win a personal injury lawsuit, you must prove that the other party was negligent and that their negligence directly caused your injuries. This requires gathering evidence and presenting a persuasive case to show that they failed to act responsibly.

The Four Elements of Negligence

To prove negligence, you and your attorney will need to establish four key elements in court:

Duty of Care: You must demonstrate that the defendant (the person or entity you are suing) had a legal duty to act in a way that would prevent harm. For example, all drivers have a duty to follow traffic laws and drive safely.

Breach of Duty: You need to show that the defendant failed to uphold their duty of care. In the case of a car accident, for example, this could involve proving that the driver was speeding, texting while driving, or otherwise violating traffic laws.

Causation: It’s not enough to prove that the defendant was negligent; you also need to prove that their actions directly caused your injury. For instance, you need to show that you wouldn’t have been hurt if the other driver hadn’t run a red light.

Damages: Finally, you must demonstrate that you suffered actual harm as a result of the negligence. This could include medical bills, lost wages, pain and suffering, or other consequences of the injury.

Each of these elements must be proven for a negligence claim to succeed. Failing to establish even one can lead to a dismissal of the case, so understanding how to gather and present evidence is critical.

Gathering Evidence to Prove Negligence

Building a strong personal injury case hinges on the quality of the evidence you present. Here are some of the most common types of evidence used to prove negligence:

Police Reports: After an accident, police often file a report that includes details about the scene, witness statements, and the officer’s own observations. These reports can be powerful evidence in court.

Medical Records: Medical documentation serves as proof of your injuries. These records will help establish the extent of your injury, how it was treated, and how it affects your day-to-day life.

Photographs and Videos: Visual evidence is often more compelling than words alone. Pictures or video footage from the accident scene, security cameras, or even cell phones can provide strong proof of negligence.

Witness Statements: Eyewitnesses who saw the accident can provide valuable testimony about what happened. Their accounts can corroborate your version of events and strengthen your claim.

Expert Testimony: In complex cases, such as medical malpractice or defective products, expert witnesses can explain how the defendant’s actions fell below the accepted standard of care in their industry.

Establishing Liability

Once you have gathered evidence, the next step is to establish liability by connecting the defendant’s breach of duty to your injury. This involves demonstrating that, “but for” the defendant’s actions, you wouldn’t have been injured.

In many cases, proving causation can be difficult, especially when the defendant tries to shift blame. For example, in a slip-and-fall case, the defendant might argue that you were not paying attention or that the hazard was clearly marked. Having strong evidence that proves the defendant’s negligence caused your injury will make it harder for them to argue against liability.

Presenting a Persuasive Case in Court

Finally, once the evidence is gathered and liability is established, the case must be presented in court. This is where having a skilled personal injury attorney becomes crucial. Your lawyer will know how to build a persuasive narrative, present evidence clearly, and cross-examine witnesses to discredit the defendant’s claims.

A well-argued case backed by solid evidence can make the difference between a favorable settlement and a dismissed case. But if you’re struggling with the complexities of proving negligence, don’t hesitate to reach out for legal assistance.

When to Seek Legal Help

Proving negligence is not always straightforward. There are legal procedures to follow, and the defendant may attempt to deny liability or offer a lowball settlement. If you’re facing challenges in your personal injury case, contact a personal injury lawyer as soon as possible.

Our experienced attorneys at The Law Offices of Parente & Norem, P.C. can help you navigate the legal system, gather the evidence you need, and advocate on your behalf. Don’t leave your future to chance—call/text Parente & Norem at 312.641.5926 to help to protect your rights and maximize your compensation.

By understanding the process of proving negligence and working closely with a skilled attorney, you can increase your chances of a successful outcome in your personal injury case. If you need guidance or representation, contact our firm today for a free consultation. We’re here to help you through every step of the process.

Life can change in an instant. One moment, you’re going about your day, and the next, an injury occurs that leaves you facing a permanent disability. Whether caused by a car accident, workplace incident, or medical malpractice, these injuries are life-altering. As you adjust to your new normal, understanding your rights and options is critical.

Permanent disabilities not only affect your physical and emotional well-being but also impact your financial stability and independence. Working with a personal injury lawyer can help ensure you receive the compensation and support you need to manage these changes. Here’s what you need to know about dealing with permanent disabilities after an injury and how a personal injury lawyer can make a difference.

The Emotional and Physical Impact of Permanent Disability

Suffering from a permanent disability involves much more than physical limitations. You may face emotional and psychological challenges, including anxiety, depression, and frustration. It’s natural to grieve the loss of your previous abilities and lifestyle. The process of adapting to your new condition may feel overwhelming at first, but with the right support system, it becomes manageable over time.

Many people with permanent disabilities must undergo rehabilitation, counseling, or therapy. Physical rehabilitation can help regain some functionality or manage pain. Meanwhile, emotional counseling can provide a safe space to process feelings of loss and help you build coping mechanisms. Support from family and friends is also invaluable, as they can provide both emotional and practical help.

Financial Implications of Permanent Disabilities

In addition to the emotional and physical toll, the financial impact of a permanent disability can be devastating. Medical bills, rehabilitation costs, assistive devices, and ongoing treatment can create a significant financial burden. Moreover, if you are no longer able to work or your ability to earn a living has been reduced, you may find yourself struggling to make ends meet.

Compensation from a personal injury lawsuit can help cover these costs and provide you with financial security. A personal injury lawyer can assist in evaluating the full scope of your damages, including lost wages, future earning potential, medical expenses, and pain and suffering. Without adequate compensation, you may face long-term financial instability, making it difficult to adapt to your new life.

Legal Rights for Individuals with Permanent Disabilities

If your injury was caused by someone else’s negligence, you have the right to seek compensation for your damages. This includes not only medical expenses but also the emotional and psychological toll that comes with permanent disability. In addition to personal injury claims, you may also qualify for other benefits, such as Social Security Disability Insurance (SSDI) or workers’ compensation, depending on the nature of your injury.

One of the most important steps after suffering a permanent disability is to work with a qualified personal injury attorney who understands the complexities of these cases. Navigating the legal system can be challenging, especially when you are dealing with the physical and emotional aftermath of a life-altering injury. An experienced attorney will handle the legal aspects of your case, allowing you to focus on your recovery.

How a Personal Injury Lawyer Can Help

A personal injury lawyer will be your advocate, ensuring that your rights are protected throughout the legal process. Here are several key ways an attorney can assist:

Thorough Case Evaluation: Your lawyer will conduct a detailed investigation into the circumstances surrounding your injury, gather evidence, and identify all liable parties. This can involve consulting with medical experts and other professionals to determine the extent of your disability and future needs.

Calculating Fair Compensation: Permanent disabilities often come with long-term financial costs. Your attorney will work to calculate a fair settlement that includes not only current medical expenses but also future care, loss of earning capacity, and compensation for pain and suffering.

Negotiating with Insurance Companies: Insurance companies may try to offer a lower settlement than you deserve. A skilled personal injury lawyer will negotiate on your behalf to secure the maximum compensation possible.

Litigation if Necessary: If a fair settlement cannot be reached, your lawyer will be prepared to take your case to court. They will represent you in front of a judge and jury, presenting the evidence and making a compelling argument for why you should receive the compensation you need.

Adjusting to Your New Normal

Living with a permanent disability requires a period of adjustment, both physically and mentally. Surround yourself with a supportive network, and don’t hesitate to seek help when needed. Legal support is just one part of this journey, but it can make a huge difference in securing the financial resources necessary for your recovery.

If you or a loved one has suffered a permanent disability due to someone else’s negligence, don’t wait to contact The Law Offices of Parente & Norem, P.C. We can help you navigate this difficult time, ensuring that your rights are protected and that you receive the compensation you need to move forward. Call/text us today at 312.641.5926 or fill out a contact form here on our website. 

By working with Parente & Norem’s experienced attorneys, you can focus on healing and rebuilding your life, confident that your legal matters are in good hands.

A 61-year-old man has been charged following a hit-and-run incident that took place on Wednesday morning in Lockport, Illinois. 

The crash occurred just after 6 a.m. at the intersection of 9th Street and Canal Street and involved a van and a motorcycle. According to police, while officers were en route to the scene, they received reports that one of the vehicles, a 2001 Dodge Ram, had fled the area. Upon arrival, they found the motorcyclist, a 43-year-old man who was driving a Harley-Davidson, lying in the roadway without a pulse.

Emergency medical personnel arrived on the scene and administered immediate care to the injured motorcyclist before transporting him to Silver Cross Hospital. He remains in intensive care at the hospital.

Thanks to swift police action, officers were able to locate and detain the driver of the van, identified as James E. Lawler, age 61. Lawler now faces charges including failure to yield at an intersection and leaving the scene of an accident that resulted in personal injury.

Lawler is scheduled to appear for arraignment on October 14 at the Will County Courthouse, where he will face legal proceedings regarding the charges against him.

This incident serves as a reminder of the importance of remaining at the scene after an accident and the serious consequences that can follow when failing to do so. If you or someone you know has been hurt due to another’s negligence, call/text The Law Offices of Parente & Norem, P.C. at 312.641.5926 for a free case evaluation. 

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When an accident occurs, it is essential to gather the right information to protect your interests. One of the most crucial pieces of evidence you can secure is a police report. In Chicago, this document plays a key role in resolving disputes, filing insurance claims, and even pursuing legal action if necessary. Understanding the importance of obtaining a police report and knowing how to secure one will make a significant difference in the aftermath of an accident.

Why Is a Police Report Important?

Objective Account of the Incident

A police report provides an objective, third-party account of the accident. This is especially important when conflicting stories arise between the involved parties. Officers at the scene assess the situation, interview witnesses, and gather critical details. Their observations are unbiased and carry significant weight when dealing with insurance companies or courts. Without this impartial documentation, it may become difficult to prove fault or verify the circumstances of the accident.

Insurance Claims

When filing an insurance claim, the provider typically requests a copy of the police report to substantiate your case. The report includes essential details, such as the date, time, location, weather conditions, and possible causes of the accident. It also contains information about injuries, property damage, and any traffic violations or citations issued. Insurance companies rely heavily on this report to determine liability and calculate the compensation amount. Without it, your claim could be delayed, reduced, or even denied.

Legal Protection

In the event that the accident leads to a lawsuit, a police report can serve as critical evidence in court. The report offers a reliable record of what happened, which can strengthen your legal position if you need to prove negligence or defend yourself against false claims. It can also help ensure that justice is served and appropriate compensation is awarded for any injuries or damages incurred.

How to Obtain a Police Report in Chicago

At the Scene of the Accident

The easiest way to ensure a police report is filed is to call the police immediately after an accident. In Chicago, for accidents involving injuries, significant property damage, or when the other party flees the scene (hit-and-run), you are legally required to report the accident to the police. Officers will arrive, assess the situation, and generate a report. Make sure to obtain the officer’s name, badge number, and the report number before leaving the scene.

Requesting a Report Online

If the police did not arrive at the scene or you need a copy of the report later, you can request one through the Chicago Police Department website. Reports are usually available within 5 to 7 days of the incident. Visit the e-Services section of the CPD’s website, and navigate to the “Traffic Crash Reports” option. You will need to provide specific details such as the report number, the date of the accident, and the driver’s name.

In-Person or Mail Requests

If you prefer to obtain a report in person, you can visit the Records Division at 3510 S. Michigan Avenue during business hours. Be prepared to provide the necessary details, and bring identification along with any applicable fees (usually around $5). Alternatively, you can mail a request to the same address, ensuring you include all required information and payment.

Obtaining a police report after an accident in Chicago is a vital step in protecting your legal rights, ensuring fair treatment from insurance companies, and securing compensation for any injuries or damages sustained. Whether you obtain it at the scene or request it later, having this document can make the difference between a smooth resolution and a long, frustrating battle. Make sure you follow the correct process to safeguard your interests.

The Law Offices of Parente & Norem, P.C. was proud to sponsor the annual IUEC Local 2 golf outing at White Pines Golf Club in Bensenville, IL. In attendance were partners, Matt Coleman, Dennis Lynch, Cole Munvez, and associate Mike Long. 

The Law Offices of Parente & Norem, P.C. concentrates its practice in the representation of those injured in workplace accidents. If you or someone you know has been injured in a workplace accident, call/text us today at 312.641.5926 or visit us at pninjurylaw.com.

When you’ve been injured due to someone else’s negligence, parts of the process can be overwhelming; with terms you may have never heard before. To help you navigate these legal terms, below we have compiled a list of the most common terms you may encounter during your personal injury case. 

Affidavit: A formal written statement declared under oath.

Arbitration: A non-judicial legal procedure where parties present their dispute to a neutral arbitrator outside of court.

Attorney-Client Privilege: The confidentiality of communications between an attorney and their client.

Complaint: A legal document filed to initiate a civil lawsuit, detailing the plaintiff’s allegations against the defendant and their requests for relief.

Contingency Fee: A fee arrangement where an attorney is paid a percentage of the recovery amount only if they win the case. No fee is charged if the attorney is unsuccessful.

Defendant: The party against whom a lawsuit is brought.

Deposition: Oral testimony taken under oath, where one party questions another party or relevant witnesses.

Discovery: The pre-trial phase where parties gather facts and information to build their case. This can include written questions (interrogatories), requests for production, or oral testimony (depositions).

Docket: The court’s calendar of scheduled actions and hearings.

Evidence: Information presented to support or prove a case.

Expert Witness: A witness with specialized knowledge who provides testimony to support a party’s case.

IDPH: Illinois Department of Public Health.

Independent Medical Evaluation (IME): A medical examination conducted by a doctor chosen by the insurance company or the opposing party to assess the severity of injuries in a personal injury or workers’ compensation case.

Interrogatory: Written questions exchanged between parties in a lawsuit to uncover important information. A type of written discovery.

Jury: A group of people selected to hear the evidence in a trial and make a decision based on the facts presented.

Lawsuit: A legal proceeding between two parties in a court of law.

Liability Insurance: Insurance that provides compensation for injuries or property damage caused by the policyholder’s negligence.

Medical Malpractice: Negligent care by a healthcare provider that fails to meet the established standard of care, resulting in patient injury or death.

Motion: A formal request by one party for a judge’s ruling on an issue, made orally or in writing during a lawsuit.

Personal Injury: Injury to one’s body, mind, reputation, or emotions, as opposed to property.

Plaintiff: The party who initiates a lawsuit against the defendant.

Power of Attorney: A document granting legal authority to act on someone else’s behalf.

Product Liability: Legal responsibility of manufacturers for damages or injuries caused by defective products.

Sepsis: A severe bacterial blood infection, also known as septicemia.

Settlement Mediation: A dispute resolution process where a neutral mediator helps parties reach a settlement to avoid court.

Statute of Limitations: The time period within which a plaintiff must file a lawsuit.

Summary Judgment: A court decision resolving a lawsuit in favor of one party based on the law, without a full trial, usually due to no material facts being disputed.

Summons: A legal document issued by a court informing the defendant of a lawsuit.

Testimony: Evidence given by a witness under oath during a deposition or trial.

Tort: Negligent or wrongful conduct causing injury to another person for which damages may be sought.

Witness: A person who provides testimony under oath in legal proceedings, offering firsthand experience or expert opinion.

Workers’ Compensation: A form of insurance providing wage replacement and medical benefits to employees injured during their employment in exchange for mandatory relinquishment of the employee’s right to sue their employer.

Wrongful Death: A death caused by another’s negligence, leading to a lawsuit usually filed by the deceased’s family or beneficiaries.

As always, the staff at The Law Offices of Parente & Norem, P.C. is here to answer any questions you may have throughout the duration of your personal injury case. If you would like to speak with our office, call us at 312.641.5926 or fill out a contact form right here on our website. 

The Law Offices of Parente & Norem, P.C. was proud to support the Will & Grundy Building Trades Annual Golf Outing! This outing was held Monday, July 22nd, at both Inwood Golf Course in Joliet, Illinois and Wedgewood Golf Course in Plainfield, Illinois. Our firm was represented by our attorneys Cole Munvez and Taylor Matichak.

Throughout the year, the Will and Grundy BTC contributes to multiple charities, programs for children & the underprivileged. as well as other events within their community. This annual outing benefits charities such as Lightways Hospice, which is a nonprofit that does not turn away anyone based on their ability to pay. They also support Operation St. Nick; a charity that grants wishes to military families experiencing hardship.

Parente & Norem is so proud to be able to support these causes, through our sponsorship, as well as have an opportunity to network with the local building trades, politicians, and union representatives that are fundamental to the growth of Will & Grundy County.

For more information on The Law Offices of Parente & Norem, P.C. or speak to an attorney, call/text us at 312.641.5926 or visit us at pninjurylaw.com

The Law Offices of Parente & Norem, P.C. was proud to be a sponsor of the annual De La Salle Institute Golf Outing held July 18, 2024 at Silver Lakes Country Club in Orland Park. 

This golf outing benefits the scholarship fund of the De La Salle Institute to ensure that tuition remains affordable for their students and families. In attendance on behalf of the firm this year were our Work Injury Attorneys Matthew Coleman and Taylor Matichak. 

The Law Offices of Parente & Norem, P.C. concentrates its practice in the representation of those injured on the job, or due to another’s negligence. If you or someone you know has been injured on the job or in an accident, call/text us today at 312.641.5926 or visit us at pninjurylaw.com.

The Law Offices of Parente & Norem. P.C. was honored to be a gold sponsor at the Illinois Valley Building Trades Council Annual Charitable Trust Golf Outing. In attendance were our work injury lawyers Matthew Coleman and Taylor Matichak. This event benefitted two charitable organizations this year. Arukah Institute of Healing and the United Way of Illinois Valley. 

The Law Offices of Parente & Norem, P.C. concentrates its practice in the representation of those injured in construction accidents. If you or someone you know has been injured in a construction accident, call/text us today at 312.641.5926 or visit us at pninjurylaw.com.

Please join us in welcoming Parente & Norem’s summer Law Clerks, Elizabeth Borchardt and Matthew Korcek. 

Matthew currently attends Colorado State University and is pursuing a degree in political science with a concentration in US Government/Law with a minor in Philosophy. His hobbies include powerlifting, skiing, wakesurfing, and reading. Matthew plans to attend law school and hopes to one day practice personal injury law. 

Elizabeth is currently a rising senior at Indiana University studying Law, Ethics & Decision-Making and Management within the Kelley School of Business. She’s from Elmhurst, Illinois and some of her hobbies include golfing and traveling. Elizabeth plans to attend law school in Chicago next fall and is super excited to begin a career in law.