What is negligence?
The law defines negligence as a failure to do something a reasonably careful person would do; or doing something a reasonably careful person would not do. Examples of this are reckless driving, failing to fix safety hazards, and neglecting patient needs.
If you have been injured as a result of someone else’s negligent or reckless behavior, it is the law that allows you to recover monetary and personal damages. But recovering damages require establishing the fault of the negligent party, which can be tricky if not handled by a personal injury lawyer.
Determining fault has many factors involved. A proper and thorough investigation of the scene of the accident, complete medical documents, insurance coverage, and expert witnesses are all vital in establishes who is to blame for the accident.
What if I am partially to blame for my injury?
In the state of Illinois, a comparative negligence system is used to asses and determine the level of responsibility or fault of each party. If you are found partially at fault, the percentage of your negligence will be considered before any settlement is given. This means you can only recover damages to the extent that the other party was at fault - or the percentage of damaged based on the percentage of their liability.
For example, if you slip and fall on an unsafe at the pool but were jumping from pool chairs to the pool when it happened. Because of your involvement, the system determined you were half (50%) responsible for your injuries and can only recover up to half of the damages.
This example is only to give you an idea of what comparative negligence law looks like and does not represent actual policy or standards. The best way to establish fault accurately is by hiring a personal injury attorney.
Our firm has highly qualified and experienced attorneys that can help you from the very beginning of your case to a settlement. We will work hard to achieve the best possible outcome - the highest maximum settlement - for your case. Put your legal burdens on our shoulders.