Whether in the form of a car accident, workplace accident, slip and fall, or by a defective product, an accident that occurs in an instant could have serious and drastic repercussions on the rest of your life. You may incur steep medical bills, lose income from being unable to work, and have to endure lengthy and painful rehabilitation.
If you or a loved one suffered an injury due to another person’s reckless and negligent actions, contact a personal injury lawyer. An Oak Lawn personal injury lawyer is committed to helping personal injury victims and their families recover physically, emotionally, and financially after an accident. En Español.
The Basics of Oak Lawn Personal Injury Law
The State of Illinois has long recognized that an individual who causes another to suffer “death, bodily injury, or physical damage bears the responsibility for paying damages, as enumerated in 735 ILCS 5/2-1116(a). Unfortunately, many individuals and companies simply refuse to properly compensate a person who they injured, making it necessary for these individuals to turn to the legal system.
Personal injury lawsuits are grounded in a common law theory of liability known as negligence. Negligence is a legal theory that generally states every person has a legal obligation and duty to avoid harming others, and when they breach this duty they should be held responsible for any resulting injuries and losses.
Determining the Worth of a Civil Case
At the outset of a personal injury case, it is important to understand that there is no universal value for any particular type of accident. For example, a court in Oak Lawn would never blindly state that a car accident is worth a flat rate of compensation regardless of context. Rather, each case must be closely scrutinized and evaluated to determine what amount of financial recovery is appropriate.
Determining how much a personal injury case is worth necessitates collecting quantifiable evidence of costs stemming from an accident such as medical bills. Furthermore, though, it also requires plaintiffs and their Oak Lawn personal injury attorneys to make reasonable estimations as to how the accident in question may affect that plaintiff in the future.
Generally, a personal injury case will be valued based on:
- Past and future medical expenses
- Past and future loss of earnings
- Past and future pain and suffering
- Past and future disability/loss of normal life
In addition, certain other damages may be included in a settlement demand, such as caretaking expenses, emotional distress, shortened life expectancy, and loss of consortium.
Comparative Fault in Oak Lawn
Like those across the rest of Illinois, Oak Lawn courts follow a theory of negligence known as comparative fault. This means that after an accident, the court looks at every person involved to determine if they were also negligent.
This can be a critical stage in the civil suit process, because under 735 ILCS 5/2-1116(c) a person considered to be more than fifty percent at fault for an accident may not recover compensation for their injuries and losses. In light of this, a seasoned personal injury lawyer in Oak Lawn should understand the importance of supporting a personal injury claim with strong and reliable evidence in order to ensure their plaintiff receives the compensation they need.
Contact an Oak Lawn Personal Injury Attorney for Professional Legal Assistance
If you or a loved one suffered an injury because of another person’s negligence, an Oak Lawn personal injury lawyer could work to hold the responsible party accountable for their actions, whether it be an individual, company, insurance company, or manufacturer who is liable for causing you harm. Call today to schedule a consultation and get started on your case.