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Posted 10/20/2017

Explaining Illinois Negligence Laws

Explaining Illinois Negligence Laws

If you’ve been the victim of someone else’s negligence in the state of Illinois, it’s critical to understand how the negligence laws work. This will allow you to determine whether you may be entitled to compensation.

Whether you’ve been involved in a car accident, a slip-and-fall, or something else, you may have grounds for a personal injury claim. Detailed below is a brief rundown of how Illinois negligence laws work.


Elements of Negligence

In order to prove negligence, you must prove all of the following elements:

  • That the defendant owed you a duty of care

  • That he or she failed to meet that duty

  • That you would not have been injured without that failure

You will also need to prove that the failure directly caused your injury and that your losses are quantifiable in an economic sense.


State Negligence Laws in Illinois

Whether you have grounds for a negligence claim will depend on the circumstances of your injury and whether you bear any of the blame. Illinois recognizes contributory negligence, which means that you, the plaintiff, could be found partially at fault for the accident that hurt you.

When you’re involved in an accident in Illinois, the court will consider to what extent you contributed to what happened through your own negligent behavior. If you were involved in an accident, for example, and were found to be 30 percent at fault, then the damages to which you’re entitled will be reduced by 30 percent. 

In Illinois, if you are found to be more than 50 percent at fault in the accident that caused your injury, you will not be allowed to recover any damages.


Chicago Personal Injury Attorneys

If you think you’ve been injured because of someone else’s negligence, it’s crucial that you contact an attorney at Lane & Lane, LLC right away. Understanding and determining how to prove negligence on your own can be complicated and overwhelming. Our attorneys can examine the details of your case and advise you on the best way to proceed with your claim.

Call us at 312-332-1400 or fill out the form on our website to get started with a free, no-pressure consultation.


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