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Negligence is a legal concept used in personal injury law as a basis to obtain compensation for accidents and injuries. Negligence implies that conduct of an individual or organization is culpable because it fails to meet the legal standard required of a reasonable person in protecting individuals against foreseeably risky, harmful acts of other members of society.

Negligent behavior towards others gives a victim of injuries or losses due to that negligence rights to be compensated for the harm to their body, property, mental well-being, financial status, or relationships. Negligence is used as a means of comparison to acts or omissions which are intentional or willful.

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In appellate court decisions, negligence lawsuits are typically analyzed in five distinct stages and proving negligence does not, alone, support an award of damages:

  1. Defendant must have had a duty of care towards the Claimant. This essentially means that the Defendant had some relationship with the Claimant, potential harm to the Claimant was reasonable foreseeable by the Defendant, and that it would be fair and reasonable to impose liability.
  2. Claimant must show that the Defendant breached that duty by not exercising reasonable care.
  3. Claimant must further show that the defendant's negligence contributed to cause harm to the claimant. Fourth, the harm must not be too remote a consequence of the negligence; that is, the negligence must be a "proximate cause" of the harm.
  4. Claimant must be able to establish what kind of damages, or compensation, is reasonable for the injuries or losses sustained.
Illinois Comparative Negligence

Illinois has adopted modified comparative negligence as the basis for recovery of damage in Illinois auto accident cases. Comparative negligence laws dictate how the responsibility for an accident will be shared between the parties directly involved in an accident where bodily injury or property damage was suffered. In these cases, there are two parties involved, referred to as the insured (1st party) and the claimant (3rd party). When both parties contributed to the accident, comparative negligence statutes determine who will receive compensation for losses and how much will be received.

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If live in the Chicago area and you were injured as a result of negligence on the part of an individual or corporation, you may be entitled to compensation for your medical bills and injuries sustained.

You can get a free consultation with an experienced Illionois Negligence Injury Attorney simply by completing the request form.

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Briefly describe circumstances of the incident.

Under Illinois' modified comparative negligence, an injured party may recover damages only if he/she is less than 50% at fault for the injury or damages. However, the recovered amount may be reduced in proportion to the degree that the injured party was at fault. For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.

IT'S RECOMMENDED TO HAVE AN EXPERIENCED NEGLIGENCE ATTORNEY DEAL WITH THE INSURANCE COMPANIES FOR YOU!

The insurance company will make the injured party an offer based on what it believes to be the amount of negligence of its insured. The insurance company may interview the involved parties, including witnesses, and it may also review the accident report in order to determine the amount of the offer. It is important to understand that the issuance of a ticket by the police does not mean that an insurer will make an offer based upon 100% liability or negligence of its insured. An insurance company may believe that its insured was not more than 50% or more at fault for an accident and may not offer to pay any damages for the loss, even though a ticket was issued. The injured party may negotiate with the insurance company until a settlement is reached or until the two parties reach an impasse. If a settlement cannot be reached, the courts make the final determination of comparative negligence.

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