What is the Illinois Negligence Law?
We often hear stories or face incidents wherein we lose a loved one in an accident, or we ourselves are severely injured. Accidents are caused by at least two parties and it is often difficult to analyze who is at fault. But many-a-times, accidents are caused by a negligent motorist or damage is done by a negligent surgeon. Have you ever been injured or had a loved one die due to negligence of another? Under ‘negligence laws by the state’ of all states in the U.S., it is a punishable offense.
Negligence Law Definition
Negligence simply means careless conduct. As per the negligence laws by state of all states in the U.S., if you have caused an injury or death to another person due to careless conduct, then you have committed a punishable offense. Negligence is a mode in which many types of injuries occur. The negligence law definition defines negligence as a breach of a legal duty to take care of self as well as others, failing which results in damage or death. As per the negligence law definition, negligence is more than careless conduct. It connotes the complex concept of duty, breach of duty, and damage suffered by the person to whom the duty was owed (injured party).
Negligence Law Illinois
Every state has negligence laws, but the negligence laws by state differ from one state to another. The Illinois negligence law is not very different from other states. As per the negligence law Illinois, if you have caused damage or death to another person due to negligence, you are liable for punishment as per negligence laws. Like every other law, negligence law Illinois is made to protect the public from the offender. The state of Illinois follows the comparative negligence law and the punishment for negligence in Illinois is as severe as in other states.Comparative negligence Law Illinois
If you are injured due to the negligence of another person, you, as a plaintiff can file a case under negligence laws against the person, party, or company that has caused the damage, also called the defendant. You can seek damages or compensation from the defendant as per the comparative negligence laws. According to Illinois negligence law, the damages are diminished in proportion to your, the plaintiff’s percentage of fault. You, the plaintiff is barred from receiving any damages if your percentage of fault is over fifty percent and the case is settled in favor of the defendant.
Punishment for Negligence in Illinois
Though the negligence laws by state differ from one state to another, punishment for negligence in Illinois is similar to other states in the U.S., and severe as well. As per Illinois negligence law, any accidental death that is a result of negligence is considered involuntary manslaughter. Recklessness or negligence is the key component of involuntary manslaughter and as per the negligence law definition, the loss of life would be actionable in a civil courtroom.
The Punishment for Negligence in Illinois is as Under:
- Involuntary manslaughter is a class 3 felony punishable by a term of 2 to 5 years in the Illinois Department of Corrections. The identity of the victim and his or her relation with the offender is considered a special circumstance in which the penalties increase.
- If the victim is a peace officer who is killed in duty, it is considered a class 2 felony punishable by a term of 3 to 7 years in the Illinois Department of Corrections.
- If the victim is a family or household member, then the penalty is a special Class 2 felony punishable by a term 3 to 14 years in the penitentiary.
Illinois negligence law offers probation to the offenders, but in almost all cases, the judges are reluctant to give the offender probation in cases where there is death caused by negligence.