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January 21, 2024
Written by: Anthony Ivone
Tackling Negligence Claims: A Chicago Lawyer’s Perspective
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How to Handle Negligence Claims: The View of a Chicago Lawyer

It might look like a hard task to handle a negligence claim in Illinois, but you’re not alone with Costa Ivone, LLC, by your side. Our team of dedicated negligence claims lawyers Chicago is committed to providing personalized and effective legal representation, ensuring that each client receives the justice and compensation they deserve. We invite you to explore our practice areas to understand the breadth of our expertise. If you’re facing the aftermath of an accident and need guidance, don’t hesitate to contact us for a free consultation or call us directly at (708) 816-2621.


Tackling Negligence Claims: A Chicago Lawyer’s Perspective

Navigating the aftermath of an incident where negligence is at play can feel like traversing a labyrinth without a map. At Costa Ivone, LLC, we specialize in shining a light on the path to justice for our clients, ensuring that each step taken is informed and strategic. This guide aims to demystify the process of handling negligence claims in Illinois, offering insights drawn from our years of dedicated legal practice in Chicago.


Definition and Explanation of Negligence in Illinois

When someone in Illinois doesn’t use the amount of care that a reasonably careful person would use in the same situation, that’s called negligence. Duty of care is the idea behind this idea. Duty of care means that someone has a responsibility to keep another person safe. Negligence happens when someone breaks this duty by doing something or not doing something, and that breach hurts someone else.

For example, if a driver disregards a stop sign and hits a pedestrian legally crossing the street, the driver’s failure to observe traffic laws (and thereby protect the safety of others) constitutes negligence. In this scenario, the duty of care was the obligation to follow traffic laws, the breach was the failure to stop at the sign, and the direct result was the injury to the pedestrian.


The Legal Framework Governing Negligence Claims in the State

The legal framework for negligence claims in Illinois is built around a few key principles:

  • Duty of Care: Establishing negligence first requires proving that the defendant owed a duty of care to the plaintiff. This duty varies depending on the relationship between the parties and the situation. For example, business owners have a duty to ensure their premises are safe for customers.
  • Breach of Duty: Once a duty of care is established, the plaintiff must demonstrate that the defendant breached this duty. This involves showing that the defendant’s actions did not meet the standard of care expected in the circumstances.
  • Causation: It must be proven that the breach of duty directly caused the plaintiff’s injuries. This means showing a direct link between the defendant’s actions and the harm suffered by the plaintiff.
  • Damages: Finally, the plaintiff must demonstrate that they suffered actual damages as a result of the negligence. This can include medical expenses, lost wages, pain and suffering, and other losses.


Under Illinois law, there is also something called “comparative negligence,” which means that both the plaintiff and the defendant may be partly to blame for what happened. This rule says that the plaintiff can get less money in compensation if they were partly to blame. The plaintiff cannot get any money back, though, if they are more than 50% to blame.

Anyone who is involved in a negligence claim needs to know about these things and how they work together in the Illinois legal system. A negligence claims lawyer in Chicago is often needed because these cases are so complicated. They can support the person who suffered harm as a result of the law and strengthen their case.

By understanding what negligence means and how claims work in Illinois, people can better know their legal rights and choices after an accident. With this information, you can start your search for justice and compensation for injuries caused by someone else’s carelessness.


The Role of a Negligence Claims Lawyer Chicago in Your Case

Securing a lawyer who specializes in negligence claims in Chicago isn’t just a step; it’s a leap towards protecting your rights. Our role extends beyond mere representation; we become your advocate, strategist, and guide. We dissect the nuances of Illinois law to build a compelling case on your behalf, ensuring every angle is covered.


8 Key Steps in Handling a Negligence Claim

The journey begins with an initial consultation, where we listen to your story and assess the merits of your case. Following this, our team engages in a thorough investigation and evidence collection, piecing together a narrative that underscores the defendant’s negligence. Filing the claim and entering negotiations come next, with a steadfast commitment to securing the compensation you deserve.

Handling a negligence claim effectively involves several critical steps, each designed to build a strong case and secure the best possible outcome for the injured party. Here’s an outline of these key steps:

  1. Immediate Documentation and Evidence Collection
    • Right after the incident, it’s crucial to document everything related to the accident and your injuries. This includes taking photos of the accident scene, your injuries, and any property damage. Collecting names and contact information of witnesses and obtaining a copy of the police report (if applicable) are also vital steps. This immediate documentation forms the foundation of your claim.
  2. Seek Medical Attention
    • Even if your injuries seem minor initially, it’s important to see a healthcare professional as soon as possible. A medical examination will not only ensure that you receive the necessary treatment but also provide official documentation of your injuries, which is essential for your claim.
  3. Consult with a Negligence Claims Lawyer Chicago
    • Engaging an experienced negligence claims lawyer early in the process can significantly impact the outcome of your case. A lawyer can offer invaluable advice on how to proceed, help with the collection of evidence, and provide an initial assessment of your case’s potential. They will handle the legal complexities and advocate on your behalf throughout the claim process.
  4. Investigation and Further Evidence Gathering
    • Your lawyer will conduct a thorough investigation into the accident, gathering additional evidence to support your claim. This may involve hiring accident reconstruction experts and consulting medical professionals to understand the full extent of your injuries, and collecting any available surveillance footage of the incident.
  5. Filing the Claim
    • Once sufficient evidence is collected, your lawyer will file a negligence claim against the responsible party or parties. This claim will detail the circumstances of the incident, outline your injuries and damages, and state the compensation you are seeking.
  6. Negotiation with Insurance Companies
    • Most negligence claims are settled out of court through negotiations with the defendant’s insurance company. Your lawyer will negotiate on your behalf, using the evidence collected to justify the compensation you deserve. This stage requires skillful negotiation to ensure that the settlement offer adequately covers all your damages, including medical bills, lost wages, and pain and suffering.
  7. Litigation (if necessary)
    • If a fair settlement cannot be reached through negotiation, your case may proceed to trial. In court, your lawyer will present your case, arguing before a judge or jury to demonstrate the defendant’s negligence and the impact of your injuries on your life. Litigation can be a lengthy process, but it may be necessary to achieve the compensation you’re entitled to.
  8. Resolution and Compensation
    • The final step is the resolution of your claim, either through a negotiated settlement or a court verdict. Once a settlement is agreed upon or a verdict is reached, you will receive compensation for your injuries and damages, concluding the claim process.


Each of these steps is crucial to handling a negligence claim effectively. With the guidance of a skilled negligence claims lawyer in Chicago, you can navigate this complex process, ensuring that your rights are protected and you receive the compensation you deserve for your injuries and losses.


Personal Injury Advice Illinois: Navigating the Legal System

The legal landscape in Illinois is as complex as it is unique. Our advice to those embarking on a negligence claim centers on vigilance—from adhering to statute limitations to understanding the impact of comparative negligence on your claim. Avoid common pitfalls by staying informed and choosing the right legal partner to navigate these waters.


Choosing the Right Law Firm for Your Negligence Claim

Selecting a law firm personal injury Chicago that aligns with your needs is pivotal. Look for a firm with a robust track record in negligence claims, one that offers personalized attention and boasts a deep bench of resources. At Costa Ivone, LLC, we pride ourselves on our client-centric approach, ensuring that each case is met with the rigor and dedication it deserves.


Securing Justice for Your Negligence Claims: A Final Word from Costa Ivone, LLC

Costa Ivone, LLC, knows how a negligence claim can change your life, so we work hard to make the process go as smoothly and successfully as possible. Our proven track record, highlighted in our case results, demonstrates our commitment to achieving the best outcomes for our clients. Hear from those we’ve helped in our testimonials and learn more about our commitment to the community through our scholarship program. If you’re ready to take the next step in securing the compensation you deserve, contact us today for a free consultation or call us at (708) 816-2621. Together, we can navigate the legal system and work towards a positive outcome for your negligence claim.

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