How is Negligence Defined in Illinois Personal Injury Cases?

 Posted on May 12, 2021 in Personal Injury

When you are injured because of someone else’s carelessness, you have the right under the law to be able to claim compensation for your injuries and losses related to them. However, not everyone will be willing to compensate you, even if they know the injury was their fault. In those cases, you can benefit from filing a personal injury lawsuit to attempt to legally force them to compensate you. Before your case can be successful, however, you will need to prove that the other person involved is at fault for the accident. In most cases, this is done by proving that the other person was negligent in their actions.

What is Negligence?

In the context of a personal injury claim, Illinois defines negligence as a person doing something that a “reasonably careful” person would not do, or failing to do something that a “reasonably careful” person would do. Negligence is often left to the judge or jury to interpret, taking into consideration the circumstances surrounding the accident.

Proving Negligence

In order to recover compensation for a person’s negligent actions, you must do more than simply demonstrate that the person did not act reasonably carefully. There is a specific set of criteria that must be met in order to claim negligence. Typically, this includes the following four points:

1. The person had a duty of care, or legal obligation, to act in a certain manner toward you. For example, any driver has the legal obligation to drive in a safe manner and avoid actions that may endanger others on the road.

2. The person breached that duty of care or failed to act in the way they are meant to.

3. The person’s breach of duty was the cause of your injuries, and your injuries would not have occurred if not for the person’s actions.

4. The injuries you sustained caused you to suffer a loss, such as medical expenses, lost wages, disfigurement, or disability.

Contact a Cook County Personal Injury Lawyer Today

If you have been injured because of the negligence of another person, our Barrington, IL personal injury attorneys can help. The team at Barrington Injury Attorneys has the knowledge and experience you need in a lawyer to help you get maximum compensation for your injuries. To speak with one of our attorneys, contact our office today at 224-900-HURT to schedule a free consultation.

Sources:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/10.00.pdf

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116