When an Illinois resident is injured due to the conduct of another person, he may wonder if he has a legal claim against the responsible party. He may be especially interested in the answer to this inquiry if his accident-related injuries prevent him from earning a living or otherwise fully living his life. As with all legal matters, a person’s individual situation will determine if the claim is solid and therefore the following discussion of negligence and fault should only be read for informational purposes.
In Illinois a person may be liable for the injuries of another if his conduct was negligent, reckless, willful and wanton or the breach of a warranty. Each of these bases of fault requires a different level of proof and the various personal injury claims codified in state law each establish their own elements that a victim must prove to be successful on his particular legal claims.
However, at their foundation, many personal injury claims are based upon negligence. Negligence generally occurs when a person acts or fails to act in a reasonable manner, which gives rise to the injuries of another. Negligence usually requires that given the facts of the injury-causing scenario, a reasonable person would have acted differently and in a way that would not have resulted in personal harm.
Reasonableness, negligence and relevance are all factors that Illinois courts will evaluate when making decisions on personal injury claims. Because no outcome can ever be guaranteed and the facts of each case are different, it is not possible to speculate on the outcome of a particular matter. However, attorneys who work in the personal injury field can provide their clients with guidance on how best to prepare for their civil cases to recover damages on their accident-related personal injuries.