Illinois Complaint regarding Auto Accident for Negligence
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How to fill out Complaint Regarding Auto Accident For Negligence?
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FAQ
Hear this out loud PauseNot wearing the seat belt does not cause the accident, but it contributes to the damage (the injury in this example). Another example is where an employee has failed to wear safety equipment. An accident occurs for other reasons, but the failure to wear safety equipment contributes to the injury, not the accident.
Hear this out loud PauseAn individual who uses caution approximately yet takes action appropriately to any given situation is considered a ?reasonable person.? The term is a legal standard that creates a basis for defining the actions that make someone a reasonable person, or the opposite, in a negligence case.
Hear this out loud PauseIllinois has adopted modified comparative negligence (735 ILCS 5/2-1116) as the standard for recovery of damages. Under modified comparative negligence, an injured party may recover damages only if he/she is less than 50% at fault for the injury or damages.
Hear this out loud PauseWebster's Dictionary defines an ?accident? as follows: an ?unfortunate happening? that occurs ?unintentionally? and results in ?harm, injury, damage or loss.? By contrast, ?negligence? as defined by most jurisdictions in the United States including California, is the lack of ?ordinary care? or ?skill? in the ? ...
Hear this out loud PauseThe statute of limitations for a personal injury or wrongful death claim is two years in the state of Illinois. For most personal injury claims, the two-year limit begins on the date the injury occurred. For wrongful death, it begins on the date of death. The statute differs slightly for medical malpractice claims.
Hear this out loud PauseThe Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.
Hear this out loud PauseThe plaintiff's contributory negligence, if any, which is 50% or less of the total proximate cause of the injury or damage for which recovery is sought, does not bar his recovery. However, the total amount of damages to which he would otherwise be entitled is reduced in proportion to the amount of his negligence.
Hear this out loud PauseIf the plaintiff's contributory negligence is more than 50% of the total proximate cause of the injury or damage for which recovery is sought, the defendant[s] shall be found not liable. [The term ?plaintiff? includes a counterplaintiff.]