Catastrophic Injury Lawyer in McHenry County, Chicago
Tenacious Accident Attorney Helping Victims in McHenry County, Chicago
File a Negligence Claim to Protect Your Rights
Catastrophic accidents can occur in situations such as workplace incidents, car crashes, or construction mishaps. Many of these traumatic events happen all too often. According to the Illinois Department of Transportation, more than 12,000 serious injuries were caused by auto collisions alone in 2012.
Fortunately, a victim may have legal options. Illinois law gives people who were hurt by the negligence of another person or entity the right to seek compensation by filing a lawsuit.
In most cases, the claim’s success will depend on whether the victim and their lawyer can prove that:
- The defendant owed the victim a duty of care;
- The defendant breached that duty;
- The victim’s injuries were caused by the defendant’s carelessness; and
- The victim incurred actual damages as a result of the accident.
In most situations, a defendant has a duty of ordinary care that requires him or her to refrain from engaging in needlessly risky conduct that might harm others. Someone who fails to exercise the same degree of care as an ordinary person in similar circumstances likely will be deemed to have breached this duty. If the defendant’s careless behavior was a direct and foreseeable cause of the victim’s harm, the defendant probably will be liable for damages.
There may be two types of compensation available to an injured person who succeeds in a negligence lawsuit. The first is called economic damages. These essentially reimburse the victim for the financial costs of the injury. They include hospital, physical therapy, and other medical expenses, both incurred in the past and expected in the future. Lost wages are also classified as economic damages. They can be shown by introducing records of medical bills, normal salary, and other evidence during settlement negotiations or at trial.
The second type of compensation, noneconomic damages, reimburses the plaintiff for injuries where the cost is harder to quantify. Pain and suffering, emotional distress, and disfigurement are a few common examples. At trial, a jury determines the amount of noneconomic damages based on evidence presented by the victim, such as testimony about the extent of his or her injuries and the pain that he or she continues to endure. There is no longer any statutory cap on noneconomic damages in Illinois.
Consult a Lawyer for Your Catastrophic Injury Lawsuit in McHenry County, Chicago and Southwest Florida.
People recovering from a serious accident often wonder where to turn for assistance. An experienced attorney can help you determine who is at fault for harming you and assert your legal rights.