Skip to content 
The Significance of Duty of Care in Personal Injury Lawsuits
As esteemed personal injury attorneys serving the state of Illinois, the Law Office of Carlson Bier Associates thoroughly understands the intricacies of personal injury cases and the pivotal role that the concept of ‘duty of care’ plays in them. At the crux of any personal injury case lies the duty of care – a legal obligation that dictates the level of caution and attention that a person must exercise to avoid harming others. It is central to proving negligence, which is a principal factor in personal injury lawsuits.
Understanding Duty of Care
The notion of ‘duty of care’ comprises an integral part of negligence claims. When this presumption is breached, it forms the foundation for liability in personal injury lawsuits. The person who fails to meet this standard of care is usually the one being accused of negligence.
Picture, for instance, the case of a driver who fails to stop at a red light, leading to a collision. The driver had a duty of care to adhere to traffic laws and signals, which they failed to do. This failure, if it directly leads to an injury, constitutes negligence and makes the driver legally liable for damages.
Establishing Duty of Care
In a personal injury lawsuit, for a plaintiff to successfully build a case against the defendant, they must prove:
– The defendant had a duty of care towards the plaintiff
– The defendant breached that duty
– The plaintiff’s injury was caused directly by this breach
– The plaintiff suffered from recoverable damages as a result
Importance of Duty of Care in Personal Injury Lawsuits
The concept and establishment of the duty of care play a significant role in personal injury lawsuits because proving this duty of care was present and subsequently breached is often the key to victory in court. To illustrate this point, we explore two landmark case studies that emphasize the importance of duty of care in Illinois.
In the case of ‘Dehoyos v. Cortez’, the Illinois Supreme Court adhered to the customary duty of care analysis even when facing the introduction of a novel duty. The plaintiff, Lydia Dehoyos, was a woman infected by her boyfriend, Augustine Cortez, with the Human Immunodeficiency Virus (HIV). As per documents available on the official website of the Illinois Courts, the court found Augustine culpable because he owed and breached his duty of care towards Lydia when he did not disclose his HIV status prior to their intimate engagement.
On the other hand, the Illinois Appellate Court’s decision in the case of ‘Vancura v. Katris’ shows that foreseeability of harm is heavily dependent on establishing the presence of a duty of care. The case revolves around a notary public’s negligent act of not verifying an individual’s identity before allowing a transaction which resulted in a fraud. The court ruled in favor of the plaintiff, affirming that the notary did owe a duty of care.
Conclusion: Role of Legal Assistance in Duty of Care Cases
The concept of ‘duty of care’ is pivotal in personal injury lawsuits, creating a legal ground for the plaintiff to demand compensation. However, the specifics of proving a duty of care and its breach can be complex and challenging. Therefore, an experienced lawyer’s expertise is valuable in such legal battles.
Here at the Law Office of Carlson Bier Associates, we continually stay abreast with Illinois’s evolving laws and rulings. We strive for your right to compensation with meticulous attention to detail and commitment, equipping you with knowledge, compassion, and a strategic approach to your personal injury lawsuit. Our dedication to delivering justice marks our reputation as one of the finest personal injury law firms in Illinois.
