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Can I Recover Damages if I Was Partly At-Fault for an Injury?
Illinois personal injury law, or tort law, deals with injuries against people and property. Personal injury lawsuits are often based on the legal theory of “negligence.” In the context of a lawsuit, negligence means the failure to uphold a legal duty. For example, the owner of a restaurant has a legal duty to ensure that the property is in reasonably safe condition and does not pose a risk of injury to restaurant guests. Similarly, the owner or possessor of a newly constructed building has a duty to ensure that the structure meets the relevant building codes. Negligence also applies to car accident and truck accident cases. A driver may act negligently by driving too fast for the weather conditions. A trucking company may act negligently by failing to maintain the trucks.
If you were hurt because of another party’s negligence, you may wonder, “What if the accident was partially my fault?”
Can You Sue for Injuries and Deaths at a Swimming Pool?
For many, one of the most enjoyable parts of summer is going for a dip in a swimming pool. Unfortunately, swimming pools can also be dangerous, and in some cases, even deadly. If you were injured or a loved one died while visiting a public swimming pool, waterpark, resort, hotel, or other establishment, you may have grounds for a legal claim against the liable party. You may be entitled to damages for medical bills, funeral costs, lost income or financial support, and more.
Injuries from Swimming Pool Accidents
When a party’s negligence leads to an injury, the injured person may be able to file a personal injury claim and recover financial compensation for damages like emergency room and hospital bills, medication, and lost wages from missed work. The injured person may also be entitled to compensation for non-financial losses such as his or her lost quality of life, physical pain, and disfigurement.
Who Is Held Accountable for Pedestrian Accidents?
Unfortunately, pedestrian accidents are a daily occurrence in the United States. In fact, in 2019, 6,590 pedestrians were killed in accidents. If you were recently injured in a pedestrian accident, you should consult a personal injury lawyer promptly. Your lawyer can help you determine all the liable parties and pursue the compensation you deserve.
Responsible Parties for Pedestrian Accidents
If you were hit by a vehicle and suffered injuries, it is important to consider all the liable parties. Here are several parties that may be to blame for your injuries.
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The driver - In most cases, a negligent driver is responsible for a pedestrian accident. If a driver, for example, diverts his or her focus to a text message or other distraction, the driver may not notice a pedestrian crossing the street and hit that person. Other examples of negligent driving include speeding, failure to come to a full stop at a stop signal, drifting into the pedestrian lane, and fatigued driving.
When Can You Sue Your Employer for an Injury You Sustained at Work?
Being injured is not something that anyone expects to happen, but when it does, it can significantly affect your life. According to the Bureau of Labor Statistics, there were nearly 3.5 million workplace injuries that occurred in both private and governmental organizations in 2019. Most of the time when you are injured at work, you will be covered under workers’ compensation, which will typically pay for your medical bills and lost wages. In most cases, you will not be able to file a lawsuit against your employer for being injured at work. However, workers’ compensation benefits do not cover your full work wages, and this can leave you with expenses that you cannot afford to pay. In some rare cases, you might be able to sue your employer to help compensate for your injury.
Potential Reasons You Can Sue Your Employer
How is Negligence Defined in Illinois Personal Injury Cases?
When you are injured because of someone else’s carelessness, you have the right under the law to be able to claim compensation for your injuries and losses related to them. However, not everyone will be willing to compensate you, even if they know the injury was their fault. In those cases, you can benefit from filing a personal injury lawsuit to attempt to legally force them to compensate you. Before your case can be successful, however, you will need to prove that the other person involved is at fault for the accident. In most cases, this is done by proving that the other person was negligent in their actions.
What is Negligence?
In the context of a personal injury claim, Illinois defines negligence as a person doing something that a “reasonably careful” person would not do, or failing to do something that a “reasonably careful” person would do. Negligence is often left to the judge or jury to interpret, taking into consideration the circumstances surrounding the accident.
What Damages Can I Recover in an Illinois Personal Injury Lawsuit?
A personal injury claim is a claim used to seek restitution after an injury caused by wrongdoing or negligence. Car crashes, truck accidents, slip and fall accidents, dog bites, and many other situations can lead to a personal injury claim. The party responsible for the injury may be a property owner, business, trucking company, drunk driver, or another party. Personal injury claims not only hold the liable party answerable for the harm caused by their actions, they may also provide financial relief. The amount of compensation you can get in a personal injury case varies depending on the severity of the injuries and other factors.
What Are the Long-Term Effects of a Traumatic Brain Injury?
Of the different types of injuries that a person may experience, traumatic brain injuries (TBIs) are among the most serious. Unfortunately, injuries affecting the brain are not always recognized or understood. Following an incident such as a car accident or a slip and fall, a person will likely focus on forms of bodily harm that are immediately evident, such as broken bones. They may not even realize that they suffered a brain injury until several days or weeks later, and they may not associate their symptoms with the accident where the injury occurred. For those who have been injured, it is important to understand the effects that a brain injury can have, and by doing so, they can pursue compensation for the ways the injury has impacted their life.
Can I Sue If a Fatigued Driver Caused My Injuries in a Car Accident?
Most people greatly underestimate the effect that being sleepy has on their ability to drive. According to the National Safety Council, being awake for 20 or more hours straight has the same effect on driving as being intoxicated. If you were injured in a car accident caused by a driver who was too fatigued to drive safely, it is important to know your rights. You may be able to hold the driver accountable and recover compensation through a personal injury claim.
Negligent Driving Caused by Sleep Deprivation
What Must I Prove to Get Compensation for Slip and Fall Injuries?
In a split second, a slip and fall accident can cause agonizing injuries. If you or a loved one were hurt in a slip and fall or trip and fall accident, you may be interested in seeking compensation for your damages. Medical expenses, lost wages, pain and suffering, and other damages may be recoverable through a premises liability claim. To receive compensation, however, you will need to prove that your injuries were caused by the property owner’s negligence.
Property Owner Negligence in a Slip and Fall Accident
Slip and fall accidents can lead to painful injuries that incur a massive amount of medical debt. Many slip and fall accident victims are also left unable to work or complete daily responsibilities because of their injuries. Financial compensation for these physical injuries and other losses may be available through a premises liability claim. However, the burden of proof in a slip and fall case is on the person seeking damages. This means that you and your attorney will need to demonstrate that the property owner or property occupier’s negligence caused the accident.
What Are the Laws Regarding Dog Attacks in Illinois?
Dogs can be loving, loyal companions. However, dogs are also animals with sharp teeth and claws that are capable of causing severe injuries. If you or a loved one were bitten or otherwise injured by a dog, you may have questions about your legal rights. You may wonder, “Is the dog’s owner liable for my injuries?” or “Who will pay my medical bills?”. The laws regarding liability for dog attacks vary from state to state. In Illinois, there are many cases in which a dog owner is liable for damages caused in a dog attack.
Illinois is a Strict Liability State
State laws regarding injuries from dog attacks typically fall into two categories: laws based on strict liability and laws based on negligence. Some states do not hold a dog owner responsible for injuries caused in an attack if the owner did not know that the dog was dangerous. Dog owners in these so called “one-free-bite” states may avoid liability for injuries caused by their dog if their dog has never bitten someone before. However, Illinois is a strict liability state with regard to dog bites. An owner may be liable for injuries caused in a dog attack even if the dog has never bitten anyone or showed previous signs of aggression.
Barrington Injury Attorneys
224 West Main Street, #100, Barrington, IL 60010
