Illinois law provides various mechanisms for holding individuals accountable when someone is injured due to another person’s actions. Two of the most common legal frameworks are negligence and intentional torts. Both allow an injured person to recover damages but involve very different types of conduct and potential outcomes.
Understanding the difference can help you make informed decisions after an accident, assault, or other injury.
What Is Negligence?
Negligence is the foundation of most personal injury claims. It generally means someone failed to use reasonable care, and their carelessness caused you to get hurt.
To succeed in a negligence case, you must typically prove four elements:
- Duty of care: You must show that the responsible party had a legal responsibility to act reasonably under the circumstances. For example, Illinois drivers have a duty to obey traffic laws, property owners have a duty to maintain safe conditions, and medical professionals have a duty to follow the standard of care in their field.
- Breach of duty: You must show the responsible party violated their duty by acting carelessly. This could include speeding, failing to clean up a spill, or ignoring medical symptoms.
- Causation: You must show the breach of duty was the direct cause of your injury, not an unrelated event.
- Damages: You must show that you suffered real losses as a result, such as medical bills, lost income, pain and suffering, or property damage.
Negligence does not require an intent to harm. Instead, it generally focuses on avoidable carelessness. Common negligence-based cases include car accidents, slip and falls, medical malpractice, and injuries on unsafe premises. These cases frequently involve disputes over whether the victim shares any blame.
What Are Intentional Torts?
Intentional torts involve purposeful actions meant to cause harm or actions taken with knowledge that harm is substantially certain to occur. Unlike negligence, the focus is on intent, not carelessness.
Common intentional torts seen in personal injury cases include:
- Assault and battery: Someone intentionally threatens or physically strikes you; this may include fights, domestic violence incidents, or unprovoked attacks.
- False imprisonment: Someone intentionally restrains your movement without lawful justification, even briefly.
- Intentional infliction of emotional distress (IIED): Someone’s extreme or outrageous conduct is meant to cause severe emotional trauma, such as harassment, threats, or sustained intimidation.
- Trespass to land or property: Someone enters your property without permission or interferes with your lawful possession in a way that causes harm or damages.
Intentional tort cases often overlap with criminal charges, but a civil case serves a distinct purpose. It allows victims to recover financial compensation for their injuries, even if a criminal conviction never occurs.
Damages Available Under Illinois Law for Intentional Torts and Negligence
Both negligence and intentional tort claims allow injured victims to seek compensation, but the types of damages available may differ. The nature of the conduct often plays a role in how damages are calculated.
Common recoverable damages may include:
- Medical expenses and future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In intentional tort cases, Illinois courts may also allow punitive damages when the conduct was especially reckless or malicious. These damages are designed to punish wrongful behavior and deter similar conduct in the future. The more egregious the conduct, the more likely courts are to scrutinize the defendant’s behavior when assessing damages.
Contact Our Peoria Personal Injury Lawyer at Joel E. Brown, P.C. for a Free Consultation
Illinois law places strict deadlines on personal injury claims. In most cases, you typically have two years from the date of your injury to file a lawsuit. Missing this deadline can prevent you from recovering compensation, even if your claim is otherwise valid.
Determining whether your case involves negligence or an intentional tort can be complicated. A Peoria personal injury lawyer can review the facts, explain your options, and pursue the compensation you deserve.
To learn more, contact our skilled personal injury attorney at Joel E. Brown, P.C to schedule a free consultation. We are conveniently located in Peoria and proudly serve Peoria County, IL, and the neighboring communities.
Joel E. Brown, P.C
416 Main Street Suite 1300, Peoria, IL 61602
(309) 673 4357
Available 24/7