What to Expect from an Illinois Personal Injury Lawsuit
Personal injury law covers all types of cases. These cases include auto accidents, slip and fall cases, dog bites, defective products, construction accidents, and medical malpractice claims. This area of law is also sometimes known as “torts.” Torts refer to the legal rights a victim has to seek compensation for injuries he or she sustains due to the negligent or reckless act of another. These personal injury cases allow for victims to seek monetary compensation for damages suffered to both property and the person. If you or someone you love has been injured in an accident caused by another party’s negligence, contact a seasoned Rockford personal injury lawyer right away to discuss your rights and legal options.
Personal Injury Basics
Generally, state law governs personal injury cases. There is, however, an exception. This exception refers to cases where the accident involves parties from different states or countries. In such a circumstance, federal – or even international – law may apply. Without this specific exception, most personal injury cases are filed in the state where the injury occurred. Some types of personal injury cases include:
- Medical malpractice: Any negligent medical treatment by a doctor or other healthcare provider that results in injury or death;
- Industrial diseases: Diseases caused by work or working conditions, such as exposure to toxic chemicals or environments, in permanent injuries such as cancer, asthma, hearing loss or allergies;
- Car or truck road accidents: Injuries caused by car or truck drivers’ negligence or reckless behavior;
- Workers’ Compensation: Injuries that occur while an individual is working;
- Premises liability: Injuries that can occur anywhere, such as a school, a home, or a commercial building, because of the property owner’s failure to maintain a safe environment on the property. Depending on the facts of the case, the owner or renter of the property may be liable for injuries due to negligence.
Comparative Fault and Damages
Damages in personal injury cases can include funds to cover a victim’s medical bills, his or her loss of income, and temporary or permanent disability coverage. A knowledgeable and experienced Rockford personal injury attorney will work hard to seek the compensation a personal injury victim deserves. How negligence is determined, however, depends upon the law applicable to the case.
There are three types of negligence theories that may be used when determining the amount of compensatory damages owed to a personal injury victim. These are:
- Strict comparative negligence: a plaintiff may seek damages even if he or she is found to be partially responsible for the accident. Damages are awarded as a percentage of the responsibility found for each party;
- Contributory negligence: the “all-or-nothing” determination. In order for a plaintiff to be awarded damages, he or she cannot be found responsible for any portion – at all – of the auto accident;
- Modified comparative negligence: limits the plaintiff’s ability to file a claim if he or she is found to be more liable for the accident than the defendant. Illinois state law allows a party to recuperate losses only if that party is found to be less than 50 percent responsible for the accident.
Rockford Personal Injury Attorneys
Personal injury cases, no matter what the circumstances, can be stressful for both the victim and his or her loved ones. Often, these accidents are life-changing events and can cause temporary or permanent injuries for those involved. If you or someone you know has been injured due to the negligence of another party, contact a dedicated and aggressive Rockford personal injury attorney. Serving Central Illinois, Rockford, and the greater Chicago area, the legal professionals at Brassfield, Krueger & Ramlow, Ltd. have been putting their clients first for more than 75 years. Call our firm today at (815) 315-9845 to schedule your initial consultation.