Negligence is a key concept in personal injury law, often forming the basis for determining liability in cases involving accidents or injuries. It refers to the failure to act with the level of care that a reasonable person would use under similar circumstances. This failure can result in harm to others, making the negligent party legally responsible for the damages caused.
This article explains what negligence is, how it applies in personal injury cases, and what you need to know if you believe someone’s carelessness caused your harm.
Defining Negligence
In legal terms, negligence occurs when someone fails to exercise reasonable care, resulting in injury or damage to another person. It is the foundation of many personal injury cases, including car accidents, slip and falls, and medical malpractice.
To prove negligence, a plaintiff must demonstrate four essential elements:
- Duty of Care: The defendant owed a duty to act responsibly toward the plaintiff.
- Breach of Duty: The defendant failed to uphold that duty through careless actions or inaction.
- Causation: The breach of duty directly caused the plaintiff’s injury.
- Damages: The plaintiff suffered measurable harm, such as medical bills, lost wages, or emotional distress.
A personal injury lawyer can help you prove all four elements of negligence.
Understanding the Duty of Care
The duty of care refers to the responsibility individuals have to avoid causing harm to others.
For example:
- Drivers must obey traffic laws and drive safely to prevent accidents.
- Property owners must keep their premises free of hazards to ensure the safety of visitors.
- Medical professionals must provide care that meets accepted medical standards.
The duty of care varies depending on the situation. In most cases, it is based on what a “reasonable person” would do under similar circumstances.
How Negligence Leads to Personal Injury Claims
When someone breaches their duty of care and causes harm, they may be held liable for damages.
Here are some common examples of negligence:
- Car accidents: A driver texting behind the wheel fails to notice a red light and causes a collision.
- Slip and fall accidents: A store owner neglects to clean up a spilled liquid, leading to a customer slipping and injuring themselves.
- Medical malpractice: A doctor misdiagnoses a patient due to not ordering necessary tests, resulting in delayed treatment.
In these scenarios, the negligent party’s actions—or lack thereof—create dangerous situations that lead to injuries.
Proving Negligence
To win a personal injury claim based on negligence, you need to present strong evidence.
This may include:
- Witness testimony: Statements from people who saw the accident.
- Photos and videos: Visual evidence of the scene or injuries.
- Police reports: Official records documenting the incident.
- Expert opinions: Testimony from medical professionals or accident reconstruction specialists.
Each piece of evidence helps establish that the defendant’s actions directly caused your injuries.
Comparative Negligence in Illinois
Illinois follows a modified comparative negligence rule. This means that you can recover compensation as long as you are less than 51% at fault for the accident. However, your recovery will be reduced by your percentage of fault.
For example, if you are found 20% responsible for a car accident and your damages amount to $100,000, your compensation will be reduced by 20%, leaving you with $80,000. If you are more than 50% responsible, however, you won’t be able to recover at all.
This rule makes it critical to work with an experienced attorney who can present evidence to minimize your share of fault and maximize your compensation.
What Compensation Can You Recover in a Negligence Case?
If you prove negligence, you may be eligible to recover:
- Medical expenses: Includes hospital bills, rehabilitation, and future medical care.
- Lost wages: Compensation for time missed from work due to your injuries.
- Pain and suffering: Damages for physical pain and emotional distress.
- Property damage: Costs for repairing or replacing damaged items, such as a vehicle.
The value of your claim depends on the severity of your injuries and the circumstances of the case.
Consult a Peoria Personal Injury Lawyer Today
Understanding negligence is key to holding the responsible party accountable for your injuries. If you’ve been hurt due to someone else’s carelessness, don’t wait to seek legal help. Contact Joel E. Brown, P.C., today to schedule a consultation at (309) 673-4357 with a Peoria personal injury lawyer and learn how we can help you recover the compensation you deserve.
