Illinois negligence law follows the modified version of comparative negligence, which stipulates that an accident victim may seek compensation for injuries provided that the individual was not more than 50 percent at fault. 

There are a lot of complex legal aspects to negligence law that may be difficult for the general public to navigate. However, there are several key aspects of which anyone contemplating filing a personal injury claim should be aware.

Important Things to Know About Negligence and Personal Injury Cases

Accident victims might be able to file a claim and pursue financial reimbursement for injuries they received in an accident, according to Illinois negligence laws, if they can demonstrate to the insurance companies or courts that the other party’s actions contributed to the injury.

When going through the personal injury claims process and attempting to prove negligence, keep in mind these three important issues: 

  • Negligence doesn’t have to be on purpose. Plaintiffs don’t have to show that the defendant meant to harm, only that the defendant’s actions or inaction caused the harm. Accidental negligence does not excuse the defendant’s responsibility nor negate legal duty.
  • Collecting as much proof as possible can greatly and positively affect a claim. With adequate evidence, it will be much easier to minimize the plaintiff’s degree of fault, and obtain a higher settlement award.
  • Testimonies and statements can impact a personal injury case. Parties may inadvertently admit guilt in the aftermath of the accident. These statements may be used later to prove or dismiss a case, so victims should try to avoid making statements until they’ve sought counsel.

Personal Injury Law Firm in McHenry County

For specific questions about negligence laws in Illinois, or to discuss a personal injury case, accident victims or their families may contact Franks & Rechenberg, P.C. at (847) 854-7700, for a free case evaluation.