Illinois Negligence Laws

When you’re injured by another person, understanding the Illinois negligence laws affecting your personal injury claim will make a difference. You’ll need to get the full compensation you deserve, but without the full understanding you need, you could be risking your claim.

Fortunately, a lawyer from Hipskind & McAninch, LLC can review your claim and help you understand the effects of Illinois laws on your claim.

Negligence and Liability for Injuries

When you’re injured, you’ll first need to prove that someone was negligent with your safety. So, what is negligence? Typically, negligence laws state that we have a duty of care to the people around us. You’ll need to do everything within reason to avoid harming another person.

For example, if another driver is driving carefully but they’re rear-ended, they might have hit you and caused a collision. They did what they could within reason, but they couldn’t stop the other driver from hitting them. However, say the driver who hit them was texting, causing the accident. As such, that driver was not acting carefully.

This is a breach of their duty of care, which means they were careless and didn’t meet the standard expected to avoid injuring another person. They’re then responsible for the injuries they caused. If you believe they acted negligently, you should be able to file a claim against them and fight back.

Comparative Negligence Laws

Unfortunately, their actions don’t mean that you couldn’t also be partly responsible for the accident. Partial responsibility, or comparative negligence, can harm your claim. In some cases, it may even leave you without the compensation you need for a full recovery.

Comparative negligence addresses the fact that an accident is rarely only one person’s fault. Instead, it’s usually a mix of factors. However, you’ll want to avoid taking responsibility for the accident. If you do, your compensation will be reduced by the amount you’re found at fault for. In Illinois, if you’re found more than 50 percent at fault for the accident, your claim will be dismissed.

For example, let’s say you were walking through a store when you slipped and fell. At the time, you were texting, and you’re called negligent for that. If you don’t fight back, the judge might decide that you are 10 percent at fault. While you’ll still receive 90 percent of your compensation, that can make a major dent in the compensation you need to recover.  

Understanding Laws for Your Illinois Claim

While understanding negligence laws can help you understand who’s at fault, you’ll also need to take care to protect your compensation as well. If you’re not focused on your compensation, you could lose the funds you need to recover.

Fortunately, you have the chance to get the help of a lawyer from Hipskind & McAninch, LLC. Our attorneys understand how difficult it can be to recover from an injury, so we’ll help you take action, starting with a free consultation. When you’re ready to begin, get your questions about Illinois negligence laws answered by calling 618-641-9189 or by completing the online form below.