Negligence Attorneys
Negligence is a legal term. It simply means "carelessness" that leads to an injury.
If somebody is operating a car, goes through a red light and hits your car, they are careless. They are negligent.
If a doctor leaves an instrument in your body during surgery, he is negligent.
If a construction site does not have 100% fall protection, we would argue that the general contractor is negligent.
Another way of saying it is that negligence is the doing of something or the failure to do something that an ordinary person would do under similar circumstances.
There can be no negligence without "duty." A person or company must owe you a duty in order for them to be potentially negligent. The law determines who owes a duty to another. Usually, the duty owed is a duty of reasonable care or ordinary care (or not to be careless).
The law in Illinois is that the following people, among others, owe the general public a duty of reasonable care:
- An automobile operator
- A general contractor
- The manufacturer of a product
- A physician
- A homeowner
- A business owner
- A landlord
- An airline
- Many government agencies
- Railroad employers
- Riverboat employers
…even lawyers.
To prevail in a negligence action, we must show that the Defendant owed the injured plaintiff a duty, was careless and that carelessness caused the injury in question.
Retaining an attorney who can investigate on your behalf early is critical. Following an accident or injury, insurance companies enlist their investigators right away to try to destroy any possibility you have to recover compensation.
In Illinois, if the Jury finds the Plaintiff (the injured party) more than 50% at fault, the Plaintiff loses the case. If the Plaintiff is found to be 25% at fault, the Plaintiff's jury verdict will be reduced by 25% and so on.
If you are injured at work, negligence need not be proved (unless you work for a railroad or a riverboat or other exempted employer). The employer is automatically liable for all injuries incurred at work. There are caps on damages, however, unless a third party bears some responsibility for your injury.
The “Egg Shell” Theory
If you are more sensitive to injury than the average person, or if you are not as strong as other people, the Defendant cannot raise that as a defense. This is called the "egg shell" theory. If you have a heart attack during an auto accident because you have a "weak heart," you can recover for the heart attack.
Illinois is one of the great states that recognizes the importance of protecting individual rights and liberties. Unlike some other states and certain politicians who want to take away your rights, an individual in Illinois can fight a corporation. An individual can stand on equal footing in the courtroom. Because of these rights, the individual in Illinois is treated with much greater care and respect than in other states.
Learn more by searching our Frequently Asked Questions.