Springfield, IL asked in Personal Injury for Illinois

Q: How does a negligent person's intent factor into me receiving compensation for an injury?

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2 Lawyer Answers
Robert D. Kreisman
PREMIUM
Robert D. Kreisman
Answered
  • Chicago, IL
  • Licensed in Illinois

A: Intent is different that negligence. Negligence is an unintentional act or omission by definition whose elements are duty, breach of duty, causation and damages. For example, a doctor does not intend to injure a patient, but can be negligent. A driver texting a friend does not intend to crash into another car, but would be negligent if that occurred because of his/her inattention to the traffic and driving generally.

Steve McCann
Steve McCann
Answered
  • Chicago, IL
  • Licensed in Illinois

A: It does not necessarily factor into negligence, however the level of intent can play a role for additional causes of action, such as various intentional tort. In addition, some intentional can open up the potential for additional damages, such as punitive damages. Were you intentionally injured by another person? If so, I would recommend organizing all of the information you believe is relevant to this situation, and consult with an attorney individually. A knowledgeable attorney will review the details, and advise you as to your options moving forward. In addition, many of us offer free consultations, so it will not cost you anything to obtain a tailored, professional opinion.

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