Skilled attorneys in Illinois understand that negligence is crucial to personal injury law. It is the basis for most claims involving car accidents, medical malpractice, and slip-and-fall cases. Understanding negligence law is essential for anyone involved in an accident claim.
Negligence occurs when someone does not exercise reasonable care and harms someone else. A car accident will typically be an example of negligence. For instance, a driver who runs a red light may be considered negligent if their actions harm others.
A plaintiff must show four elements to prove negligence:
- Duty of Care
- Breach of Duty
- Causation
- Damages
These four elements are all linked and must be present for a negligence claim to exist.
- The defendant must owe a duty of care to the plaintiff, which means the defendant has a legal obligation to act to prevent harm.
- The defendant breached this duty of care by not acting reasonably.
- The breach of duty had to cause the injury. Illinois law requires both actual causation and proximate causation. The breach of duty had to cause the harm directly, and the harm had to be foreseeable.
- The plaintiff must also suffer actual damages because of the defendant’s negligence. The damages may be physical injuries, emotional distress, or financial harm.
These four elements create the basis for much of personal injury law, and a skilled personal injury attorney can review your case to determine if you have a valid claim.
Comparative Negligence
Illinois law follows a modified comparative negligence rule. If the plaintiff is not more than 50% responsible for the incident, they can recover damages even if they were partially at fault. The plaintiff’s percentage of fault reduces the amount of compensation. For instance, if a plaintiff is awarded $100,000 in damages but is 30% at fault for the accident, their recovery is $70,000.
Personal injury cases involving negligence include:
- Car Accidents
- Medical Malpractice
- Premises Liability
- Product Liability
What are Some Defenses to Negligence Claims?
The defendant can claim several defenses in negligence cases. The defendant can argue that they did not owe a duty of care to the plaintiff under the circumstances. In addition, they may also argue the plaintiff voluntarily accepted the risks associated with an activity. For example, if you choose to go to a paintball park, you accept the risks associated with getting hit by paintballs.
Comparative negligence also allows the defendants to argue that the plaintiff’s actions contributed to their injuries. Finally, proximate causations require plaintiffs to show that their harm was a foreseeable result of the defendant’s actions.
How Does the Plaintiff Prove Negligence?
Proving negligence often requires a combination of evidence and legal expertise. An experienced attorney can gather the necessary evidence to prove your case. Evidence may include witness testimony, photos of the accident, medical records documenting your injuries, or expert opinions. Attorneys are crucial in gathering and presenting this evidence effectively.
Statute of Limitations for Negligence Claims
Illinois law imposes strict deadlines for filing negligence claims, known as the statute of limitations. The statutes of limitations vary depending on the type of negligence.
- Most people filing personal injury claims typically have two years from the date of the injury to file a lawsuit.
- Medical malpractice claims are also two years, but the period may be extended if the injury was not immediately discovered.
- Property damage claims typically have a five-year deadline.
Seeking Legal Help for Negligence Cases
A skilled attorney at Fabbrini Law Group understands the steps necessary to file a negligence claim in Illinois. Negligence law holds people accountable for the harm caused by their actions. To speak with our experienced attorneys who understand the complexity of negligence law, please contact us online or call 312-494-3131.