How Can Negligence be Proven in a Personal Injury Case?

Injured man consults a personal injury attorneyMany personal injuries are a result of another party’s negligence. When you initiate a personal injury claim in Illinois, it falls to you and your attorney to prove the negligence of the defendant when seeking compensation. The details of proving negligence will vary with each case, which is one of many reasons that it is important to get help from an experienced Illinois personal injury lawyer.

What is Negligence?

Negligence is a failure to behave with the level of care that is expected in a given situation. It is used to describe situations in which someone fails in their duty to another person, which can result in injuries. Actions can fall under the purview of negligence, but it can also be a failure to act.

Illinois law defines two main types of negligence:

  • If you are found to be more than 50 percent at fault for your injury, contributory negligence is the controlling law, and you will not be able to collect compensation from the other party.
  • If you are found to be less than 50 percent at fault for your injuries, comparative negligence is the controlling law, and the amount of compensation you are able to collect will be reduced in proportion to the percent that you are found to be negligent.

How is Negligence Proven?

How negligence is proven will vary on a case-by-case basis.

In most cases, the defendant’s behavior is compared with that of an average hypothetical reasonable person. For example: would a reasonable person browse the internet on their phone while driving?

There are some cases in which negligence is determined based on a slightly different standard. For instance, in a case involving medical malpractice, a doctor’s behavior will be compared not only to an average hypothetical reasonable person, but also to that of a reasonable physician with similar skills and training.

This is a simplification of a legal principle, and similar actions could be deemed negligence in one case while not being judged as such in another. That is why it is important to discuss the specifics of your case with an Illinois attorney concentrating in personal injury cases.

Rubens and Kress: Concentrating in Personal Injury Cases

If you are in need of a personal injury lawyer in Illinois, contact Rubens and Kress. Concentrating in personal injury cases, Rubens and Kress is a Chicago law firm that charges absolutely no fee unless you collect. To discuss your legal options, contact Rubens and Kress online, at (312) 201-9640, or toll-free at (866) 890-9640.