You might not think a personal accident injury could happen to you until it does. Now that an accident has occurred, you may require a strong legal team to lean on. Personal injury law in Illinois often produces a complex web of legal processes. Fortunately, injured victims may be eligible for significant recovery for their past and future medical expenses, pain and suffering, lost wages from missed time at work, property damage, and other economic and non-economic losses. Whether you or a loved one were hurt because of a dangerous driver, careless corporation, or reckless medical providers, a knowledgeable Lake County personal injury lawyer could evaluate your case and help hold the responsible parties accountable for their actions.
While pursuing a personal injury case may seem daunting, a dedicated attorney could walk you through the different steps of the process. Schedule an appointment to start developing a comprehensive legal strategy.
Establishing Fault in Lake County Personal Injury Cases
A personal injury case may revolve around many different accidents such as a car accident, premises liability, or even a nursing home abuse case. To recover damages in a civil lawsuit, a plaintiff may be tasked with establishing a duty of care that the defendant owed to them. Once the duty of care is established, the plaintiff must then demonstrate—often through their Lake County personal injury attorney—how the defendant breached that standard of care.
Ideally, this determination should focus on what the defendant did or did not do that made their conduct unreasonable under the circumstances. Moreover, the plaintiff should also establish that the defendant should be considered legally at fault for the injuries sustained by the plaintiff.
Role of Comparative Fault
In some personal injury cases, the plaintiff may play a role in causing their injuries, along with the defendant’s negligence. Accordingly, Illinois courts may apply the modified comparative fault rule—listed in 735 ILCS 5/2-1116—to reasonably calculate damages that the plaintiff would receive.
The modified comparative fault rule takes the plaintiff’s negligence into account when determining damages. For instance, if someone was shopping in a grocery store and injured themselves due to a broken floor tile, the store may be deemed 90 percent at fault for not fixing the tile and the plaintiff 10 percent at fault for not watching where they were going. The comparative fault rule would reduce the amount of damages the plaintiff could receive by 10 percent, which is the amount of fault allocated to the plaintiff.
It is important to note that each case is unique, and compensation can vary based on each unique circumstance. For clarification about how much compensation they could receive in their case, an individual plaintiff may be best served by speaking to a personal injury lawyer in Lake County.
The Fault System
Illinois utilizes a “fault” system to handle cases involving injuries sustained from motor vehicles. In a fault system, an injured victim may go to court to prove fault, seek compensation from their insurance carrier, or seek compensation from the driver’s insurance carrier via a third-party claim. As such, many victims start with an insurance claim, reserving the option to go to court if their insurance settlement negotiations do not pan out. Therefore, it is important to consult with a Lake County personal injury attorney who has experience negotiating successful claims.
Contact a Lake County Personal Injury Attorney
When you suffer from the negligence of others, it is common to incur medical expenses, ongoing rehabilitation costs, lost income, or loss earning capacity. With the assistance of an experienced Lake County personal injury lawyer, though, you could have your case thoroughly evaluated by a professional who specializes in cases like yours and could fight on your behalf to hold wrongdoers accountable for their negligent behavior. Call today to learn more.