If you’ve been injured in an accident in Illinois, you may be entitled to compensation. However, you’ll have to prove another party was legally at fault for your injuries to recover damages. Whether the injury resulted from a car crash, a slip and fall, a workplace accident, or another incident, establishing liability is the first step toward securing the financial recovery you need. Your Geneva personal injury attorney will work to uncover the facts of your accident and secure fair compensation on your behalf.
Understanding Negligence in Illinois Personal Injury Claims
Most personal injury lawsuits in Illinois are based on negligence. To prove that someone else is liable for your injuries, you must demonstrate the following elements:
- Duty of care. You must show that the defendant owed you a legal duty to act with reasonable care. (e.g., drivers must follow traffic laws, and property owners must maintain safe premises).Â
- Breach of duty. You must show that the other breached their duty by acting unreasonably. Examples include running a red light, failing to clean up a spill, or not securing dangerous equipment.
- Causation. There must be a direct connection between the defendant’s actions (or omissions) and your injury.
- Damages. You must prove you suffered measurable harm, such as medical expenses, lost income, or pain and suffering.
You will need sufficient evidence to establish all four elements. Depending on the circumstances of your case, helpful evidence may include:
- Police or incident reports
- Eyewitness statements
- Photographs and videos from the scene
- Medical records
Testimony from accident reconstructionists, financial experts, or other specialists may also be needed to prove your case.
Types of Compensation Available in Personal Injury Cases
If you prove another party was at fault for your accident, you will be able to recover both economic and non-economic damages, such as:
- Medical bills, including future treatment needs
- Lost income and loss of future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Disfigurement or disability
- Loss of enjoyment of life
- Loss of companionship or consortium (in wrongful death or severe injury cases)
However, Illinois follows a modified comparative fault rule. If you’re found partially (but not mostly) responsible for your injuries, your compensation will be reduced by your percentage of fault.Â
For example, if you were awarded $100,000 in damages but were found 20% at fault, you would receive $80,000. However, if you are found to be 51% or more responsible, you will be barred from recovering compensation under Illinois law.
That’s why it’s so important to work with a skilled attorney who can push back against exaggerated or unfair claims of shared fault.
An Experienced Illinois Personal Injury Lawyer Can Help You Prove Fault
Proving fault in a personal injury lawsuit is not always straightforward, especially when insurance companies are involved. They may dispute liability, downplay your injuries, or argue that you were mostly to blame.
An experienced Illinois personal injury lawyer can help you prove that another party is liable for your injuries by:
- Investigating your accident to gather evidence and identify liable parties
- Calculating and establishing your damages
- Working with experts in different disciplines to strengthen your case
- Handling all communications and negotiations on your behalf
- Taking your case to court if the insurance company refuses to compensate you
If you’ve been injured due to someone else’s negligence, don’t wait to get help. Contact Feagans Law Group for a free consultation to help understand your rights and options.