Can You Sue if You Could Have Been Injured by Someone's Negligence But Weren’t?

 Posted on August 06, 2026 in Personal Injury

Sometimes, a person so narrowly avoids an injury that thoughts of it haunt them for some time afterward. It may be a car barely missing a pedestrian as they cross the street or a slip on a wet floor that almost turns into a bad fall. The nearness of the miss may be so real for some that they wonder if it’s possible to receive compensation for it.

Although these events can be distressing, compensation is typically awarded only in cases of actual injury. If you want to know whether or not your 2026 case qualifies, a Schaumburg, IL personal injury attorney can help you.

What Does Illinois Law Require for a Personal Injury Claim?

To have a valid personal injury claim in Illinois, four qualifications must be met.

• The defendant must have owed you a "duty of care." In other words, they must have had some responsibility for your well-being. Examples include being invited to their property, or they were in a situation such as driving that required they exercise care on behalf of other people around them.

• The defendant must have breached that duty through negligent conduct.

• That breach must have proximately caused an injury.

• You must have suffered actual, compensable damages as a result.

The compensable damages are the lynchpin for personal injury cases. A case typically cannot be made against a person or institution if they did not cause anyone actual harm, even if their conduct had the potential to cause harm.

Are There Any Circumstances Where a Near Miss Can be Compensated by a Personal Injury Lawsuit?

There is one recognized exception in Illinois for almost causing someone an injury. Illinois courts will sometimes use what is called the "zone of danger" rule. This is also called negligent infliction of emotional distress (NIED) in some cases. It applies in specific situations where a near miss causes serious psychological harm.

This rule was first established by Illinois’ Supreme Court in Rickey v. Chicago Transit Authority. Under it, someone in a zone of danger who had reasonable fear of their own safety can claim that they were caused physical illness or injury by the emotional distress of the event.

The physical illness is an essential part of a Rickey claim. Emotional or psychological harm alone is not enough to bring a claim as a bystander in the zone of danger. Courts expect documentation such as treatment records, diagnoses, and expert testimony about the nature and severity of the distress.

What Should You Do If You Are Almost Injured in Illinois?

If you experience a near miss for a serious injury, document what happened in as much detail as you can as soon as possible. Write down what you saw, where you were, and what negligence the other party committed. Note whether there were any witnesses and what their contact information is (if you have it). Take photographs of the scene if possible.

If you find yourself struggling emotionally in the days or weeks after the incident, seek professional care. This might include extreme anxiety, sleep disruption, intrusive thoughts, or difficulty functioning at home or work. Whether or not those symptoms eventually support a legal claim, treating them is a priority for your health. If they do meet the threshold for an NIED claim, documented treatment is essential.

If someone else was actually injured in the same incident, your observations as a witness can be valuable to their case. Let them know you saw what happened and provide your contact information.

Personal injury claims in Illinois must generally be filed within two years of the date of injury (735 ILCS 5/13-202). Speak with a lawyer well in advance of this deadline to avoid complications with your case.  

Call an Arlington Heights, IL Personal Injury Attorney Today

While many cases in which no injury occurred are not compensable, it’s worth speaking to a lawyer before you forgo filing. Newland & Newland, LLP is made up of local attorneys with many decades of combined experience and millions of dollars in successful verdicts. We can help you understand whether or not you have a claim for damages.  

Call 847-797-8000 today for a free consultation with our Schaumburg, IL personal injury lawyers.