Tort claims allow victims to seek compensation for damages caused by the wrongful conduct of others. A tort refers to a wrongful act that harms another party. The primary purpose of tort claims is to allow the injured party to receive financial compensation for their injuries. However, punitive damages may sometimes be awarded to deter similar conduct. A skilled personal injury attorney can guide you through the complex process of tort lawsuits.
Illinois law recognizes three primary types of tort claims, each addressing different forms of harm and legal responsibility.
- Intentional Torts occur when a person deliberately engages in actions that cause harm to another. Victims of intentional torts must prove that the defendant intended to cause harm or with the knowledge that harm would likely result. Examples of intentional torts include assault, defamation, and intentional infliction of emotional distress.
- Negligence is the most common type of tort claim in Illinois. It occurs when someone causes harm because they didn’t exercise reasonable care.
The plaintiff must establish four things in order to have a valid negligence claim. A person suing under negligence must be able to prove that the defendant owed 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, which caused the injury. The plaintiff must also suffer actual damages because of the defendant’s negligence. Examples of negligence may include car accidents, slip and fall accidents, and medical malpractice.
- Strict Liability claims occur when the defendant can be held liable whether or not intent or negligence was present. These claims typically involve inherently dangerous activities or defective products. Examples of a strict liability claim may include animal attacks and dangerous product liability cases.
Filing a Tort Claim
To pursue a tort claim in Illinois, the plaintiff must follow specific procedural steps and meet legal requirements, including filing deadlines and proving damages.
The statute of limitations is the timeframe within which a tort claim must be filed to be valid. In Illinois, the statute of limitations for most personal injury claims is two years from the date of injury. Property damage claims typically have a five-year statute of limitations. There are also exceptions for minors.
Illinois law follows a modified comparative negligence rule. The plaintiff can recover damages if they’re not more than 50% responsible for the incident. Their percentage of fault will reduce their compensation. For example, if a plaintiff is awarded $100,000 in damages but is found 20% at fault, they would only receive $80,000.
What are the Damages in Tort Claims?
Plaintiffs can seek many types of damages in tort claims. Economic damages compensate for financial losses, which may include medical bills, lost wages, and property damage. Non-economic damages cover emotional distress, pain, and suffering. Finally, punitive damages punish the defendant for egregious behavior.
Why Hire a Lawyer for a Tort Claim?
Navigating the complexities of Illinois tort law can be challenging without professional legal guidance. A skilled personal injury attorney can evaluate your case, gather evidence, negotiate on your behalf, and represent you in court. An experienced lawyer ensures your rights are protected.Tort claims can be complex, so it is crucial to contact a skilled attorney early in the process. Fabbrini Law Group understands tort law in Illinois. Our attorneys can help whether your case involves intentional misconduct, negligence, or strict liability. To speak with our experienced attorneys, please contact us online or call 312-494-3131.