Lipkin & Apter is a general plaintiff's personal injury law firm, handling the full gamut of injury cases, such as car accidents, medical malpractice, nursing home, FELA, construction, and slip and fall (the list is non-inclusive). Inherent in our practice is the requirement of proving negligence, which under Illinois law is defined as the "doing of something a reasonable person would not do, or not doing something that a reasonable person would do.
There are 3 separate elements in proving a negligence case:
- First that the defendant acted in a negligent manner;
- Second that the plaintiff was injured;
- Third that the defendant's negligent proximately resulted in plaintiff's injury.
Proximate causation is defined as any cause that in natural or ordinary course of evens, produces the plaintiff's injury.
A sufficient quantum of proof must be presented for each element. In civil litigation (as opposed to a criminal case) the burden of proof is more probably true than not true, ie. anything greater than 50%. How involved this burden of proof requirement is depends on the facts of each particular case. A rear end car accident case does not automatically entitle you to win, nor does a bad outcome from medical treatment. In many cases, and in all medical malpractice cases, expert testimony is required. Who the expert is depends on the type of case: a doctor, engineer, accident reconstructionist, psychologist, sometimes even a member of the clergy.
If you've been injured in an accident, seek medical help and then contact the personal injury attorneys at Lipkin & Apter. Our team of experienced Illinois attorneys will be there every step of the way to ensure that you receive the compensation that you deserve under the law for your injuries.