In a legal sense, personal injury is a violation of the rights of an individual to be free from injury. It may involve injury to the body, emotions, or mind. Negligence is the basis for liability in most personal injury lawsuits. It occurs when the responsible party has breached a duty of care to the victim.
At Horwitz, Horwitz & Associates in Chicago, our team of experienced negligence lawyers is well-versed in all aspects of personal injury law. This includes negligence as a basis for liability. If you have been injured in an accident caused by the negligence of another, you may be entitled to recover compensation for your injuries. Schedule a consultation with one of our Chicago personal injury lawyers to find out if you have a case.
How Is Negligence Established in Personal Injury Claim?
Negligence generally involves a situation in which an entity or person who owes a duty to another person. The entity or person breaches that duty, which causes injury to the other person, for which the breaching entity or person will be liable. For example, a surgeon who leaves a sponge in a patient during surgery that causes infection may be held liable for medical negligence. Another example of negligence is a distracted driver who is texting while driving and causes an accident that injures another motorist.
To recover damages in a negligence personal injury claim, the plaintiff (injured party) must prove all the elements of a negligence case, as follows:
- Duty: Defendant (responsible party) owed a duty of care to the plaintiff.
- Breach of duty: Defendant breached that legal duty.
- Cause in fact: If it were not for the defendant’s breach of duty, the plaintiff would not have been injured.
- Proximate cause: Defendant’s breach of duty was reasonably foreseeable to result in plaintiff’s injuries.
- Damages: Plaintiff has been injured.
Damages in a Chicago Negligence Personal Injury Claim
The plaintiff must have suffered damages for the defendant to be held liable in a personal injury claim. Even if you can prove that a defendant acted negligently, you will not recover damages if you have not suffered injury or loss. Damages in a negligence personal injury claim that may be recovered include:
- Medical expenses
- Lost wages or earnings
- Property damage
- Out of pocket expenses
- Pain and suffering
- Mental anguish
- Loss of enjoyment
Comparative Negligence in Illinois Personal Injury Cases
The type of negligence system followed in a state can have a significant impact on personal injury claims. Illinois follows a modified comparative negligence system. This system reduces the plaintiff’s recovery of damages by a percentage of fault for the accident assigned to the plaintiff. Under this system, there is a threshold of fault. If you are determined to be more than 50% responsible for the accident that caused your injuries, you will not be able to recover any damages.
Top-Rated Chicago Personal Injury Law Firm
Our Chicago negligence attorneys at Horwitz, Horwitz & Associates have decades of experience. We have a high success rate recovering settlements and verdicts for our clients. When we represent you in a personal injury claim, we will thoroughly investigate the accident. Our Chicago negligence lawyers will determine who was at fault, access the full extent of your injuries, and aggressively pursue full and fair compensation for your losses. We are dedicated to helping injured people. Contact us for legal assistance if you have been harmed through someone else’s negligence.