Springfield, IL asked in Personal Injury for Illinois

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

Related Topics:
2 Lawyer Answers
Robert D. Kreisman
PREMIUM
Answered

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.

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.