If you want to win compensation after getting hurt in an accident, you have to prove someone else was at fault. You can base your claim on several legal reasons. But the most common reason is negligence. Our Illinois personal injury lawyers will help you gather and use evidence to prove the other party’s negligence.
Staver Accident Injury Lawyers, P.C. is here to fight for you to win the maximum settlement or jury award possible. We have a strong track record of success after car accidents, other auto accidents, medical malpractice, nursing home neglect and abuse, product liability, premises liability, and other types of claims.
To learn more about proving negligence in your personal injury case, call us at (312) 236-2900 or use our online form to request a free, confidential consultation.
Negligence occurs when a person or business fails to act as a reasonably prudent person would under similar circumstances. Most people owe a duty of ordinary care—meaning they must take reasonable steps to avoid foreseeable harm to others. What’s “reasonable” depends on the situation. For example, a prudent driver should slow down and increase following distance during a nighttime thunderstorm compared with a clear, dry day.
This is an objective standard. If someone acts carelessly (e.g., speeding in heavy rain) and causes injury, that breach of care can constitute negligence under Illinois law.
To establish negligence, you must prove four elements by a preponderance of the evidence (more likely than not). If your case goes to trial, the jury must find each element met to hold the defendant liable.
You must show that the defendant owed you a duty of care. Drivers owe others on the road a duty of ordinary care. Professionals (like physicians and dentists) must meet the applicable professional standard of care. Property owners and manufacturers have duties defined by premises and product-safety principles. An attorney evaluates the relationship and circumstances to identify the correct standard.
Next, you must prove the defendant’s conduct fell below the applicable standard. Breach can involve doing something unreasonable (e.g., texting while driving) or failing to do something a reasonable person would (e.g., a store not cleaning or warning about a known spill).
You must connect the breach to your injuries through both cause in fact (“but for” the breach, the harm would not have occurred) and proximate cause (the harm was a foreseeable result of the breach).
You must prove losses—physical, emotional, and financial—known as damages. Evidence can include medical bills and records, pay stubs, expert opinions, and testimony about pain, limitations, and life impact.
Ordinary negligence involves carelessness; gross negligence reflects reckless or willful and wanton conduct that shows an indifference to safety. The distinction matters because gross negligence can support punitive damages, which punish egregious conduct rather than simply compensating losses.
When direct proof of specific careless acts is unavailable, the doctrine of res ipsa loquitur (“the thing speaks for itself”) may apply. If the type of accident ordinarily doesn’t occur without negligence, the instrumentality was under the defendant’s control, and no reasonable alternative cause exists, a jury may infer negligence from the circumstances.
Under negligence per se, violating a safety statute or ordinance can establish breach when the law was intended to protect against the type of harm you suffered. You still must show causation and damages, but the statute sets the standard of care.
Negligence looks different across case types. Here are practical examples tied to our core practice areas:
You don’t have to prove the defendant was 100% responsible. Illinois recognizes contributory fault and follows a modified comparative negligence rule. If multiple parties share blame, the insurer or court assigns percentages of fault. You can recover if you’re less than 50% at fault, but your award is reduced by your share. At 50% or more, recovery is barred.
Types of Injuries We Handle in Chicago
After a car or commercial truck crash, gather evidence early: photos/video, black box or telematics data, vehicle inspections, and witness statements; seek prompt medical care to document injuries; and have an attorney preserve company records and cell phone data. Together, these show duty, breach, causation, and damages.
Liability often turns on notice—did the owner know or should they have known about the hazard and fail to fix or warn? Time-stamped photos, incident reports, surveillance, cleaning logs, and witness statements help establish notice and breach.
In most malpractice cases, yes. A qualified medical expert explains the professional standard of care, how it was breached, and how that breach caused your injury, supported by your medical records and studies.
Usually, yes—if you are less than 50% at fault. Your compensation is reduced by your percentage of responsibility (e.g., 25% fault reduces a $100,000 award to $75,000).
Most personal injury claims have a two-year statute of limitations from the injury date; some claims (e.g., against government entities) require quicker notice, and certain medical claims have special rules. Speak with a lawyer promptly to protect deadlines.
Your UM/UIM coverage can step in. We evaluate policy limits, stacking, and coordination with health insurance and med pay to maximize recovery.
Not necessarily. Illinois law allows recovery for the aggravation of pre-existing conditions. Your medical history and expert opinions help distinguish new injuries from aggravation and value the full impact.
Coverage and liability can depend on the app status (off, waiting, en route). Multiple insurers may apply. We identify applicable policies and fault allocations to pursue full compensation.
Economic (medical bills, future care, lost wages, diminished earning capacity) and non-economic (pain, suffering, disability, disfigurement, loss of normal life). In egregious conduct, punitive damages may be available.
Get medical treatment, follow your care plan, save all bills and records, take photos, avoid posting about the accident online, and call an attorney to preserve evidence and handle insurers on your behalf.
Illinois has several laws that apply to torts, like personal injury cases based on negligence. Our attorneys at Staver Accident Injury Lawyers, P.C. know these laws forward and backward, so you don’t have to. You don’t need to learn the law while recovering from unexpected injuries. Instead, you can partner with us. We’ll guide you through the insurance claim process.
If you’ve been hurt in an accident that was someone else’s fault, please don’t hesitate to contact us. You can send us your information through our online form or call (312) 236-2900. We offer free consultations, and there are no fees unless we win.
When you’re fighting for maximum compensation, we know what it takes to get it.
