Professional Negligence
Serving Cook and DuPage Counties

Professional Negligence: Establishing Fault

The legal elements of negligence or strict liability are relatively straightforward  – a legal duty was owed and this duty was breached thus causing damages. Proving each element can be more difficult and requires facts and evidence with a thorough investigation of the details and circumstances of an injury claim in order to make an informed and legally sound liability decision.

  • Duty: A legal duty owed by the defendant to the plaintiff must exist in every successful injury claim and refers to the legal responsibility one person has to avoid causing harm to another. In a personal injury claim or lawsuit, the first step in proving that another person was negligent is to establish owed duty of care in the situation that gave rise to the injury.
  • Breach: The victim (plaintiff) needs evidence to show exactly how the other party (defendant) failed to meet that duty and therefore breached the duty of care.
  • Causation: The defendant must be the cause of the plaintiff’s harm or injuries.
  • Damages: The plaintiff must incur actual damages from the incident. This means things like incurred medical bills, lost income from time missed at work, property damage, etc.

Examples of Professional Negligence

Professional negligence is a more specific term for the broader category of negligence that can occur within any professional industry. Examples of professional negligence include:

  • Legal missteps, in the case of incorrect legal advice
  • Medical malpractice, in the case of missed diagnoses
  • Accounting negligence, in the event of computing errors
  • IT errors, such as poorly secured data leading to data breaches

If you have been the victim of professional negligence the law office of Bellis & Wachowski have over 25 years experience in Professional Negligence cases and offer a free consultation.

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Client Testimonials

“ I had a previous case no lawyer wanted to take except Peter. He fought for me and won the case successfully. Unfortunately I had another incident a few years later. Sure enough I had lawyers fighting and pushing me to go with them. I remained to stay with Peter, for a job well done he did for me previously. ”

Robert Palazzolo
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Park Ridge

 

15 N Northwest Hwy
Park Ridge, IL 60068

Chicago

 

5528 W Belmont Ave
Chicago, IL 60641

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855-980-0078