Exploring 7 Common Personal Injury Cases

If you’re seeking a personal injury lawyer in Chicago, chances are that you have been injured as a result of someone else’s carelessness. Personal injury claims encompass a variety of scenarios. They can arise from car accidents, workplace incidents, defective products, medical malpractice, slip-and-fall incidents, and more. These claims seek to recover compensation for the physical, emotional, and financial hardship inflicted upon the victim. By holding the responsible party accountable, personal injury claims aim to provide victims with the necessary resources and support to heal and rebuild their lives.

A personal injury case arises when an individual experiences harm or injury as a result of another person’s misconduct. This misconduct can take different forms, but it is most commonly due to negligence. Negligence refers to someone’s failure to exercise proper care or caution, resulting in harm to another person. For instance, a car accident caused by a driver who was not paying attention to the road can be considered a case of negligence.

However, personal injury claims can also stem from more severe forms of misconduct. Recklessness is one such example, which is characterized by blatant disregard for the safety of others. An intoxicated driver who causes an accident would fall into this category.

In addition to negligence and recklessness, personal injury cases can also arise from intentional misconduct. This involves an individual purposely causing harm to another person, such as in a “road rage” incident. These types of cases often lead to criminal charges in addition to the personal injury claim.

Engaging the services of a personal injury attorney is highly recommended when pursuing an injury claim, as they have the knowledge and experience to navigate the legal complexities involved. They can help the plaintiff gather evidence, negotiate with insurance companies, and represent their interests in court if necessary. A qualified personal injury lawyer in Chicago can ensure you have the best chance of getting the compensation you deserve. Let’s take a look at seven of the most common personal injury cases.

1. Motor Vehicle Accidents

Personal injury cases resulting from motor vehicle accidents encompass a wide range of injuries and damages. This may include physical injuries like broken bones, spinal cord injuries, traumatic brain injuries, and internal organ damage. Moreover, victims often suffer financial burdens due to medical expenses, loss of wages, and property damage.

When it comes to personal injury cases arising from auto accidents, motorcycle accidents, trucking accidents, or pedestrian accidents, it’s essential for victims to seek legal representation. An experienced attorney can help navigate complex insurance claims, negotiate with insurance companies, and pursue legal action if necessary. They can fight for compensation for medical bills, lost wages, pain and suffering, and other related damages.

2. Medical Malpractice

Personal injury claims stemming from medical malpractice are another common suit. Medical malpractice refers to situations where a healthcare provider, often a physician, harms a patient due to substandard medical care. There are various scenarios that can lead to a malpractice suit, such as surgical errors, misdiagnoses, failure to diagnose a dangerous condition, or providing improper treatment or prescriptions.

Medical malpractice claims require a thorough investigation, including the gathering of medical records, expert consultations, and the examination of potential damages suffered by the patient. Compensation sought in these claims can encompass medical expenses, lost wages, emotional distress, and physical pain and suffering. It is essential for individuals who suspect they may have been a victim of medical malpractice to consult with an experienced attorney who specializes in this area of law. You’ll want to work with the best personal injury lawyer in Chicago who can assess the merits of the case, guide you through the legal process, and fight to secure the fair compensation you deserve.

3. Product Liability

Product liability claims can give rise to some of the more unique types of personal injury lawsuits. These claims stem from instances in which an individual sustains an injury due to an unreasonably dangerous consumer product. In order to pursue a product liability claim, it is necessary to demonstrate that the product in question was defective in its design or manufacturing or lacked adequate warnings regarding its potential dangers. Often, these claims will target not only the manufacturer but also other entities involved in the product’s distribution chain. This complex network of responsibility can make these lawsuits intricate and require careful investigation and legal expertise.

4. Wrongful Death

Any type of personal injury claim can become a wrongful death claim if the victim passes away due to the injuries. Wrongful death laws can seem complicated and challenging to navigate, which is why it is crucial to seek expert legal representation in such cases. In essence, when a victim dies, their probate estate and specific family members may have the right to file a wrongful death lawsuit and receive compensation for their loss.

If the deceased victim’s estate has already paid for certain expenses, such as funeral and burial costs, the court will commonly reimburse the estate. It’s worth noting that the laws surrounding wrongful death claims vary from state to state, and the specific circumstances of the case can also influence the outcome. Therefore, seeking knowledgeable legal counsel is essential in understanding and pursuing a wrongful death claim to ensure you receive the compensation and justice you deserve. A qualified personal injury lawyer in Chicago will be devoted exclusively to the pursuit of justice for those who have been injured or have suffered the wrongful death of a loved one.

5. Workplace Accidents

Workplace accidents are very common, and workers’ compensation insurance is a form of insurance that provides coverage for most workplace injuries. It ensures employees who are injured on the job receive compensation for their medical costs, lost wages, and other related expenses. One of the major advantages of filing a workers’ compensation claim is that it doesn’t require you to prove that your employer was at fault for the accident or injury.

However, there are limitations to workers’ compensation claims. One significant disadvantage is that you cannot receive non-economic damages, such as compensation for pain and suffering. Workers’ compensation is designed to provide economic relief by covering medical bills and lost earnings, but it does not address the emotional or psychological impact of an injury. This can be frustrating for those who have suffered severe pain or emotional distress as a result of a workplace accident. As a result, it’s essential that plaintiffs retain a qualified attorney in order to receive the maximum compensation.

6. Premises Liability Accidents

Premises liability is a legal concept that holds the owner or operator of a public establishment, and even a private home, accountable for maintaining a safe environment for individuals who enter the premises. This responsibility extends to guests, workers such as mail carriers, and even certain types of trespassers.

The majority of premises liability claims are usually filed against businesses. Among the various types of premises liability claims, slip-and-fall accidents are the most common. When someone slips, trips, or falls due to a hazardous condition on the property, such as wet floors, broken steps, or uneven surfaces, a qualified personal injury lawyer in Chicago can help get compensation for injuries that range from minor bruises to more serious broken bones or head injuries. In these cases, the owner or operator of the premises may be held liable for the injuries sustained.

If you have a premises liability case, it’s important to consult with a qualified attorney who specializes in personal injury law. They will be able to guide you through the legal process and help you understand your rights as well as the strength of your claim.

7. Assault, Battery, and Willful Violence

In some unfortunate instances, anger or other factors can escalate a disagreement or argument into a physical altercation between two or more parties. This type of clash can have serious consequences and may result in personal injury claims. Various forms of willful violence can lead to lawsuits, including getting into fights, road rage incidents, the pursuit of revenge, and arguments that turn violent.

When individuals engage in physical confrontations, it often results in physical harm to one or both parties involved. This can include injuries such as cuts, bruises, broken bones, or even more severe consequences like concussions or internal injuries. In addition to the physical toll, these altercations can also have a significant financial impact. Medical expenses, therapy or rehabilitation costs, and potential loss of income due to time off work can add up quickly and lead to additional stress.

Regardless of the specific circumstances, incidents involving willful violence can have profound physical, financial, and emotional impacts on the victims. Seeking the assistance of a qualified attorney is crucial in navigating these complex claims and achieving the best possible outcome.

Personal injury claims exist to provide justice and financial support for individuals who have been injured due to someone else’s negligence. By pursuing a claim with a qualified personal injury lawyer in Chicago, like Duncan Law Group, you can not only receive the compensation you deserve but also hold the responsible party accountable for their actions, preventing similar incidents from happening to others in the future.

How to Get a Chicago Police Report

There are many situations where you may need a Chicago police report. You may be involved in a traffic accident and need a copy of the report to file an insurance claim. You may be injured by another person in another incident and require the report to prove your personal injury lawsuit.

Whatever the case, obtaining a police report in Chicago is not as difficult as you may believe. You will need to gather payment and information about the incident and submit your request in person or by mail.

What Is a Police Report and Why Do You Need One?

A police report provides details about an incident to which a law enforcement officer responded. This document includes important information such as the names of the involved parties, a diagram or description of the incident, and the police officer’s thoughts on what happened or how an accident occurred.

When filing an insurance claim or lawsuit, a police report can be a valuable piece of evidence and go a long way in proving your case. You can use this document to corroborate your version of events or provide proof of the at-fault party’s wrongful actions.

Steps for Requesting a Police Report in Chicago

You can request a Chicago police report in person or by mail.

When submitting your request, include important information about the incident, such as your name and address, the type and location of the incident, and the report number given to you by the police. You should also send or bring a self-addressed, stamped envelope so that the department can send the report to you.

Additionally, you will need to bring a check or money order payable to Department of Revenue, City of Chicago. The fees for obtaining a police report include the following.

Speak to an Attorney About Your Next Steps

If you are filing an insurance claim or personal injury lawsuit in Illinois, a police report is an important piece of evidence for your case. However, it is not the only document that you will require. Depending on your case, you may also need to gather medical records, photographs and videos, witness statements, expert evaluations, and more.

Navigating a claim can be challenging, especially if you are suffering from a recent injury. In these situations, consult with a Chicago personal injury attorney.

A lawyer can help you gather the evidence you need to prove your right to compensation, representing you during negotiations and at trial. As soon as possible following your accident, contact an attorney to discuss your legal options.

What Damages Can I Recover for a Herniated Disk?

A herniated disk is a relatively common injury, often occurring due to repetitive motions while performing daily tasks. In cases where someone else’s actions cause you to suffer a herniated disk, you may qualify for legal action against the liable party.

Herniated disks can be quite painful and lead to limited mobility for quite a while; pursuing a lawsuit can help you recover from the physical, financial, and emotional impact of the injury. However, it is important to know which damages you qualify for.

What Is a Herniated Disk?

The spinal column is made up of a series of bones, called vertebrae, which protect the spinal cord. Between each vertebra is a spinal disk, a rubbery structure that prevents the vertebrae from rubbing together. There are two components of a spinal disk: the annulus, or the tough, rubbery exterior, and the soft center or nucleus.

A herniated disk occurs when the annulus tears, causing the nucleus to push out. This injury can occur in any part of the spine, leading to the following symptoms.

While herniated disks often occur due to gradual wear and tear over time, some injuries occur due to a traumatic event. For example, severe impact during a car accident can cause a disk to slip out of place. Falls from high places may also lead to this injury.

Economic and Non-Economic Damages Available in a Herniated Disk Claim

If you are injured in an accident caused by someone else and develop a herniated disk, you may be eligible for financial compensation. Depending on the circumstances surrounding your injury, you could pursue an insurance claim or lawsuit against the liable party.

There are two categories of damages that you can recover for a herniated disk. You can recover compensation for economic damages, or the financial losses that you suffered in the accident. You can also secure damages for the physical and psychological pain and suffering that you endured.

Below are just a few examples of the compensation that you could recover in a herniated disk claim:

When pursuing a herniated disk claim, it is important to accurately estimate your damages so that you can recover the compensation that you deserve. A Chicago injury attorney can help you calculate the full extent of your losses and advocate for the highest possible settlement.

Speak to an Illinois Attorney

By filing a herniated disk claim, you can hold the at-fault party accountable for the losses that you endured. In order to secure a settlement, however, you will need to show that the defendant’s actions caused your accident and resulting herniated disk injury. Depending on your case, proving your right to compensation can be a complicated task.

In these situations, an attorney can help. A lawyer can conduct an investigation into your case, gather relevant evidence, and craft a compelling case in your favor. Contact an attorney as soon as possible following the incident to discuss your next steps.

What Is a Hypoxic Brain Injury?

Brain injuries can have a drastic impact on your daily life. Depending on the location and severity of the damage, you could require lifelong medical care and experience difficulties with movement, memory, concentration, feeling, and more.

Hypoxic brain injuries, also known as hypoxia, are a type of brain injury that occurs when you suffer prolonged oxygen loss. The longer that your brain is deprived of oxygen, the more severe and life-threatening the condition will be.

Common Causes of Hypoxic Brain Injury

To survive, the brain needs a steady supply of oxygen. Without a reliable source of oxygen, the cells in your brain will begin to die, leading to permanent and life-altering complications. Brain cells cannot regenerate, meaning that once a cell is dead, it is gone forever.

When oxygen to the brain is partially cut off, you can develop a hypoxic brain injury. There are many situations where hypoxia may occur, such as the following:

Treatment for Hypoxic Brain Injury

If you develop a hypoxic brain injury, it is important to call 911 and seek emergency medical attention as soon as possible. Hypoxia is a serious condition and can lead to a coma or death without intervention. Seeking medical care can help reduce the injury’s impact.

After stabilizing your condition, your medical team will evaluate the severity of the brain damage and determine if you have experienced any permanent damage. From that stage, treatment for hypoxia will focus on managing symptoms and helping you learn or regain certain skills, such as movement and speech.

Is It Possible to Recover from a Hypoxic Brain Injury?

Hypoxic brain injuries are very serious and can lead to lifelong impairments. However, patients with hypoxia typically respond better to treatment than patients who suffer from anoxia, or complete oxygen loss. As a result, it may be possible to recover from a hypoxic brain injury partially or fully.

However, your recovery timeline will depend heavily on your unique case. The symptoms and effects of hypoxia can vary based on the severity of the injury and the affected location. Your care team will discuss your next steps with you and your loved ones to ensure that you understand your prognosis.

Filing a Brain Injury Lawsuit in Illinois

Hypoxic brain injuries can occur due to several factors, including negligence. If you developed hypoxia because of someone else’s wrongful actions, you may be eligible for legal action and financial compensation. In these situations, it is important to consult with a Chicago brain injury lawyer.

Under Illinois law, hypoxia victims may qualify for a lawsuit against a liable party if his or her negligence caused the injury to happen. By filing a brain injury lawsuit, you could recover a settlement to pay for several losses associated with your condition, such as the following:

An experienced Chicago personal injury lawyer can craft a compelling case for your right to compensation, advocating aggressively for your maximum settlement. Contact a lawyer as soon as possible following your accident to identify your optimal path to recovery.

What Happens If Your Spinal Cord Is Severed?

The spinal cord is one of the most important structures in the human body. It is responsible for transmitting messages between your brain and the rest of your body, impacting movement, function, and feeling. If any damage to the spinal cord occurs, the victim can develop permanent limitations.

A severed spinal cord is one of the most severe injuries that you could sustain, often resulting in permanent paralysis. If your spinal cord is severed and someone else is responsible for your injury, you could pursue legal action against the at-fault party.

Common Causes of a Severed Spinal Cord

The spinal cord is a long bundle of nerves that extends from the base of the brain to the lower back. It is protected by several layers of tissue as well as the bones in the spinal column. While these structures are in place to keep the spinal cord safe, it can still be severed during an accident, medical procedure, or act of violence.

According to the National Spinal Cord Injury Statistical Center (NSCISC), the most common causes of spinal cord injuries include the following.

The Long-Term Impact of a Severed Spinal Cord

There are two main types of spinal cord injuries: complete and incomplete. If you experience an incomplete spinal cord injury, you retain some movement and sensation below the injury site. If you sustain a complete injury, you will lose all feeling and function because your body is unable to communicate with your brain below the injury.

If your spinal cord is severed, you will sustain a complete spinal cord injury. Depending on the location of the injury, you could develop paraplegia, or paralysis in the hips and legs, or quadriplegia, which affects the upper and lower body.

To treat your condition, you may require corrective surgery, mobility equipment, and physical therapy. You may be unable to return to work or perform daily tasks without assistance. The lifetime cost of a complete spinal cord injury can be very high; according to the NSCISC, average lifetime expenses can range anywhere from $1.6 million to $5.1 million.

What to Do If Your Spinal Cord Is Severed

If you have sustained a severed spinal cord, you may wonder what to do next. The physical, financial, and emotional toll of the injury can be difficult to bear. However, if someone else’s actions caused your severed spinal cord, you may be eligible for financial compensation.

Depending on the circumstances surrounding your injury, you could file an insurance claim or personal injury lawsuit against the responsible person or entity. Motor vehicle drivers, medical professionals, property owners, coworkers, manufacturers, and many other parties may be liable for your injuries.

In these situations, it is important to speak with an attorney as soon as possible. A Chicago personal injury lawyer can evaluate your case and help you identify your optimal path to justice. Contact an attorney after your accident to discuss your legal options.

Incomplete vs. Complete Spinal Cord Injuries

A spinal cord injury occurs when you sustain damage to the sensitive bundle of nerves and cells that run from the base of the brain to the lower back. Victims of spinal cord injuries often pay millions of dollars for treatment over their lifetimes, often requiring mobility equipment, physical therapy, and ongoing care. If you or a loved suffered a serious spinal injury, a Chicago spinal injury attorney can help.

The severity of spinal cord damage depends on the location and the type of injury that the victim sustained. There are two categories of spinal cord injuries: incomplete and complete.

What Is a Complete Spinal Cord Injury?

A complete spinal cord injury occurs when you lose all movement, sensation, and function below the site of your injury. This type of spinal cord damage often results in paraplegia, or the total loss of mobility in the hips and legs, or tetraplegia, which affects the upper and lower body.

Complete spinal cord injuries require extensive treatment and medical care. According to the National Spinal Cord Injury Statistical Center (NSCISC), lifetime treatment costs for tetraplegia can range from $2.3 million to $5.1 million dollars. The exact cost depends on the location of the injury and your age at the time of the injury.

What Is an Incomplete Spinal Cord Injury?

An incomplete spinal cord injury does not result in a total loss of feeling and function. You may have some movement and sensation below the injury site. In some cases, one side of the body is affected more than the other. The level of mobility that you retain will depend on the severity of your injury.

According to researchers, people with incomplete spinal cord injuries may be more likely to make a full recovery than those with a complete injury. Additionally, the cost to treat an incomplete spinal cord injury is usually lower than most complete injuries.

However, incomplete spinal cord injuries still have a major impact on your life. Lifetime treatment costs can total hundreds of thousands of dollars and higher. You may require mobility equipment and live-in care. In some cases, you may be unable to work due to your injury.

Legal Options for Spinal Cord Injury Victims

A spinal cord injury can severely impact your life. If someone else is responsible for your accident, you have the right to hold him or her accountable for your injuries. By filing a claim against the at-fault part, you can recover compensation for medical expenses, property damage, pain and suffering, and more.

Depending on the cause of your spinal cord injury, you could file an insurance claim or lawsuit against the defendant. However, proving a spinal cord injury claim can be very complex and require a great deal of evidence, resources, and legal knowledge. In these situations, it is important to speak with a personal injury lawyer.

An attorney can help you understand your legal options and identify your optimal path to compensation. He or she will advocate aggressively for your right to recovery and help you hold the at-fault party accountable for your injuries, securing the settlement that you deserve.

As soon as possible following your accident, contact an attorney with experience handling spinal cord injury claims to discuss your legal options.

Illinois Subrogation Statute

After an unexpected accident, few people can pay for their medical bills or vehicle repairs out of pocket. While waiting for an insurance claim or personal injury lawsuit to conclude, it is common for Illinois residents to direct payments through their insurance companies.

Once a settlement is reached, however, these entities may demand compensation for previous payments made on the plaintiff’s behalf. This process is known as subrogation.

The Subrogation Process in Illinois

Subrogation is a common term that you may hear throughout your injury case. Essentially, subrogation occurs when an entity—typically a health insurance carrier or auto insurance company—requests reimbursement for previous payments made on your behalf.

Personal injury cases can take a year or even longer to reach a conclusion. If you require life-saving treatment or need vehicle repairs quickly, you cannot always wait to receive a settlement. As a result, you may direct the payment to your insurance company. At the conclusion of your claim, you may need to provide a portion of your settlement to these entities.

For example, say that you are severely injured in a car accident and require emergency surgery. After the procedure, you receive a $15,000 bill. Not wanting to fall into debt while waiting for your claim to conclude, you send the claim to your insurance company, who pays the bill.

During your case, your personal injury attorney will take full inventory of your damages, including your medical expenses. He or she will include that $15,000 bill as part of your settlement. When you receive the award, you will still have the compensation you need to pay for your other damages and losses—you just need to give back what the insurance company has already paid.

Illinois Laws on Subrogation

Like many other processes, Illinois maintains strict rules and procedures regarding subrogation. For example, Illinois state courts may still enforce subrogation rights even if you do not receive full compensation for your injuries. Additionally, insurance companies may pursue a lawsuit if they do not receive reimbursement from upfront payments.

Subrogation actions are subject to a two-year statute of limitations. If the company fails to file the lawsuit within two years of the date of your injury, the court will likely dismiss the case. Facing a subrogation lawsuit can be a challenging experience, so it is important to know which payments must be made to the insurance company ahead of this escalation.

Speak to an Illinois Personal Injury Attorney

Navigating subrogation during an Illinois personal injury claim can be complex. In these situations, hiring an attorney can help. A Chicago accident lawyer can evaluate the full extent of your damages and explain which payments may be subject to subrogation.

Using this information, your attorney will fight for your maximum possible compensation and help you secure the settlement that you deserve. As a result, you can pay for the future costs of your medical treatment, reimburse any lost wages or benefits, and recover compensation for non-economic pain and suffering losses.

After your accident, seek medical treatment as soon as possible, even if you do not feel hurt. Once you are able, contact a personal injury attorney to schedule a free consultation and discuss your legal options.

What Is a Letter of Representation?

When you are filing an insurance claim, you may want to hire a lawyer to represent your case. During this process, your attorney will draft a legal notice called the Letter of Representation and send it to the insurance company. This document informs the insurance carrier that your lawyer will take over your claim and requests valuable information to support your case.

Understanding the Letter of Representation

A letter of representation serves as the first point of communication between the insurance carrier and your personal injury lawyer. In this letter, the attorney has the opportunity to introduce himself or herself, explain that you have obtained legal representation, and make it clear that any communication from the company should be with the attorney rather than you.

Additionally, your attorney will use the letter of representation to confirm coverage for the accident and request important information, such as a copy of the relevant insurance policy. Your lawyer will also provide his or her contact information for the insurance claims adjuster.

The purpose of the letter of representation is to signal to the insurance company that you have obtained a lawyer and are serious about obtaining a settlement. Once your lawyer sends the letter, you do not need to correspond with the claims adjuster. Your attorney will handle all aspects of your claim on your behalf.

If an insurance adjuster does contact you after the letter of representation is sent, simply state that he or she will need to speak with your attorney. Keep your interaction brief and do not answer any questions. Afterwards, contact your attorney and inform him or her that the adjuster contacted you.

Do You Need an Attorney for an Insurance Claim?

When you are involved in an accident, it can be easy to wonder whether you should hire a lawyer. You may believe that the incident was straightforward and that you shouldn’t face any issues while recovering compensation. However, hiring a lawyer can help protect your best interests during this process.

An insurance company’s goal is to protect its bottom line and paying a maximum settlement to each and every claimant does not help achieve this goal. As a result, these companies often search for ways to minimize a potential award.

On the other hand, a lawyer’s job is to protect your interests and help you recover the compensation you deserve. An attorney can provide several benefits to an insurance claim, including the following:

After your accident, seek medical attention as soon as possible and save all relevant evidence. Once you receive treatment, do not speak with the insurance company. Instead, contact a Chicago accident attorney to discuss your case and strategize your next steps.

What Are the Different Types of Negligence?

To recover compensation in a personal injury lawsuit, you must prove that the at-fault party’s negligence caused your accident and resulting injuries. However, determining liability is not always straightforward. There are multiple types of negligence that arise in civil courts across the United States, including comparative negligence, contributory negligence, and gross negligence.

Pure Comparative Negligence

In some personal injury claims, the plaintiff and the defendant are partially responsible for the accident. Under states that follow a pure comparative negligence system, the plaintiff’s portion of liability will be deducted from his or her personal injury settlement.

For example, if a plaintiff requests $50,000 in compensation after an accident but is responsible for 40% of the accident, he or she will receive $30,000. In a pure comparative negligence state, plaintiffs can recover compensation even if they are 99% responsible for the accident.

Contributory Negligence

Under contributory negligence systems, a plaintiff cannot recover compensation after an accident if he or she is partially responsible. If a plaintiff contributed to the accident in any way, he or she would not recover a settlement at all.

For example, if a plaintiff is 40% liable for an accident in a contributory negligence state, he or she would not recover any compensation. Many states are repealing contributory negligence rules in favor of a fairer system.

Modified Comparative Negligence

Modified comparative negligence rules are a combination of contributory and pure comparative negligence systems. In a modified comparative negligence state, a plaintiff’s percentage of fault will be deducted from his or her overall award. If the plaintiff’s liability exceeds a certain threshold, he or she would not be eligible for a settlement.

Illinois is a modified comparative negligence state where injured plaintiffs can recover damages only if he or she holds less than 50% of the liability. If the plaintiff holds 50% or more of the fault, he or she would not recover any compensation.

Gross Negligence

Gross negligence concerns the actions of a defendant rather than a plaintiff’s potential liability. If a defendant’s actions show a complete disregard for others’ safety and wellbeing, he or she could be guilty of gross negligence. If the case involves an intentional act, such as physical assault, a defendant may also be liable for gross negligence.

Gross negligence differs greatly from ordinary negligence, in which a person does not mean to cause harm. If you can prove that a defendant committed gross negligence, you may be eligible for additional compensation in the form of punitive damages.

Hire a Personal Injury Lawyer

Negligence in personal injury lawsuits can be highly complex, but it is important to fully understand these concepts. In order to secure compensation in your claim, you must prove that the at-fault party’s actions are responsible for your losses. You must also protect yourself against allegations of shared fault.

If you plan on filing a personal injury claim in Illinois, speak to a lawyer as soon as possible. With the guidance of a Chicago personal injury attorney, you can navigate the legal process, gather the evidence you need to prove your claim, and protect your best interests from consultation to settlement.

After you receive medical attention for your injuries, contact a lawyer. Your attorney will evaluate your case, discuss your legal options, and strategize your optimal path to maximum recovery.

Can a Pre-Existing Injury Affect My Personal Injury Claim?

When discussing personal injury cases, many people assume that the victim was in perfect health before the accident. However, this is rarely the case. Millions of people across the United States live with a pre-existing condition, such as a previous injury or a chronic illness.

Whether it be a bad back or an extremely fragile skull, a pre-existing injury could complicate a personal injury claim. However, your injury should not prevent you from recovering compensation as long as you have a valid case.

How a Pre-Existing Condition Could Affect a Personal Injury Claim

When you file a lawsuit after an accident, you are holding the at-fault party accountable for the losses you experienced due to that accident. If you have a pre-existing injury, it can be difficult to discern whether or not your damages are related to the accident or a symptom of your previous condition. You can only collect compensation for the new injuries you sustained, as well as any aggravation of your pre-existing injury.

In these situations, it is important to schedule a consultation with a Chicago personal injury lawyer. Your attorney will have access to valuable resources to prove your right to certain damages. For example, he or she can enlist the help of an expert medical professional who can evaluate your injuries and testify on your behalf.

The Eggshell Skull Rule and Illinois Personal Injury Lawsuits

If you have a pre-existing injury, it is very common for the at-fault party’s defense attorney to attempt to use this information against you. The defense may claim that your injuries make you more susceptible to damages than the average person and therefore the at-fault party shouldn’t be liable for your damages. According to a legal doctrine known as the eggshell skull rule, however, you still have the right to recover full compensation.

The eggshell skull rule states that a victim in a personal injury lawsuit can hold the at-fault party accountable for their damages, regardless of previous injury. For example, say that a person with a skull as fragile as an eggshell is involved in a car accident and sustains a very severe brain injury. The at-fault driver must pay for the damages that the victim suffered, even if the injuries are significantly worse than what a person with a harder skull would have sustained.

Pre-Existing Injuries and Insurance Claims

Many personal injury lawsuits begin as insurance claims, such as motor vehicle accidents and premises liability cases. During the insurance process, it is common for the company to search through a claimant’s medical history and attempt to find evidence that the accident did not affect your health. The company may claim that your pre-existing injury is responsible for the symptoms you experienced, not the accident.

As a result, it is very important to hire a lawyer to represent your case. Your attorney can evaluate your complete medical history and consult with experts to strengthen your claim. When negotiating with the insurance company, your lawyer can advocate for your maximum compensation and help establish your right to maximum recovery.

What to Do After an Accident in Illinois

As soon as possible following your accident, seek emergency medical attention and save all records related to your treatment and injuries. If possible, collect any evidence that you have about your pre-existing injury. Once you gather this information, contact a personal injury lawyer to discuss your case and legal options.