Negligence is a fundamental concept in personal injury law. Proving negligence is often important to recover compensation for injuries and other damages after an accident. Whether a person is hurt in a car accident, a slip and fall accident, or a workplace accident, they must usually establish that someone else’s carelessness caused their injuries.
Understanding how negligence is defined, its elements, and how it is proven can help you pursue the compensation you deserve.
What Is Negligence in Illinois?
Negligence essentially means “carelessness.” It occurs when a person or entity (like a business) fails to exercise reasonable care, which causes harm to another person. Negligence arises in many personal injury cases, including car accidents, motorcycle accidents, slip and falls, and workplace accidents.
The underlying principle of negligence is that individuals and businesses have a duty to act responsibly and avoid conduct that poses foreseeable risks to others.
Elements of Negligence
You must prove four elements to succeed in a personal injury claim based on negligence. These elements include:
- Duty of care: You must show that the at-fault party owed you a legal duty to behave a certain way. This could involve a driver’s duty to operate their vehicles safely and a property owner’s duty to maintain a safe premise for visitors.
- Breach of duty: You must demonstrate that the at-fault party breached their duty of care and acted negligently or failed to take reasonable precautions to prevent harm. This could involve reckless driving, failing to clean a wet floor, or neglecting medical protocols.
- Causation: You must prove that the at-fault party’s breach of duty directly caused your injuries. This is often broken into two parts. You must show your injury would not have occurred without the defendant’s actions and that the at-fault party’s actions were closely connected to your injury.
- Damages: You must show that you suffered actual harm or losses due to the at-fault party’s negligence. These damages may include economic and non-economic damages for medical expenses, lost wages, pain and suffering, property damage, and more.
Proving negligence in an Illinois personal injury case can be challenging. A Northbrook personal injury lawyer can help you do so with persuasive evidence.
Common Examples of Negligence in Northbrook, Illinois
Negligence can arise in many different situations. Some common examples in personal injury cases include:
- Car accidents: A driver who speeds, runs a red light, or texts while driving may be negligent if they cause a crash.
- Slip and fall accidents: A store owner who fails to clean up a spill or repair broken flooring may be negligent if a customer slips and suffers an injury.
- Medical malpractice: A doctor who misdiagnoses a patient or performs surgery on the wrong body part may be negligent.
- Workplace accidents: An employer who fails to provide proper safety equipment or training may be negligent and responsible for an employee’s injury.
- Defective products: A manufacturer that produces a dangerous or faulty product without adequate warnings can be found negligent.
A Northbrook personal injury lawyer will investigate the facts of your case to determine whether negligence was involved.
How To Prove Negligence
Proving negligence often requires substantial evidence. A personal injury lawyer can help you gather documentation to establish that the at-fault party’s actions caused your injury. Common types of evidence used in negligence cases include:
- Police and accident reports: These reports often contain critical details about how an incident occurred, who was involved, and a first responder’s initial observation.
- Witness testimony: Statements from eyewitnesses can provide valuable insight into what happened and who was at fault.
- Medical records: Hospital reports, treatment records, and physician statements can substantiate your injuries and help establish the extent of the harm you suffered.
- Photographs and videos: Images of your accident scene, injuries, damaged property, and the hazardous conditions responsible can support a claim.
- Expert testimony: Experts such as accident reconstruction specialists, medical professionals, and engineers may provide testimony to strengthen your case.
The burden of proof in negligence cases is usually “by a preponderance of the evidence,” roughly a 51% or more likelihood.
Shared Liability and Comparative Negligence
Illinois follows a modified comparative negligence rule, which means you can recover damages even if you are partially at fault for your injuries, but only up to a point. Illinois law allows you to seek compensation only if you are less than 51 percent at fault for your accident.
If you are 50% or less at fault, you can still get damages, but your compensation will be reduced proportionally by your share of fault. Being blamed for an accident can directly impact your compensation, so speak with a Northbrook personal injury lawyer if you are partly responsible as soon as possible.
The Role of a Northbrook Personal Injury Attorney in Negligence Cases
Navigating a negligence claim can be complex, especially when insurance companies attempt to minimize payouts or shift blame onto the victim. An experienced attorney can assist by:
- Investigating your accident and gathering evidence of negligence
- Handling negotiations with insurance companies
- Filing a lawsuit if a fair settlement cannot be reached
- Representing you in court if necessary
A personal injury lawyer can help you understand your rights after an accident involving negligence. Schedule a free consultation today.
How Much Time Do I Have To File a Negligence Claim?
Illinois law imposes time limits for filing personal injury lawsuits based on negligence. Under state law, you generally have just two years from the date of your injury to file a negligence claim for damages.
However, exceptions may apply in cases involving minors, medical malpractice, or when injuries may not be immediately discovered. Speak with a personal injury lawyer as soon as possible to preserve your right to file a lawsuit for compensation if necessary.
Contact a Northbrook Personal Injury Lawyer Today
Negligence is the foundation of most personal injury cases. Proving negligence typically requires establishing that the at-fault party owed you a duty of care and breached that duty, causing your injuries and actual damages.
Working with Kass & Moses Personal Injury Lawyers can significantly improve your chances of obtaining fair compensation if someone else’s negligence is involved. If you or a loved one has been injured, contact our law firm today at 847-513-9582 for a free consultation.
