After an accident in Bolingbrook, victims often feel overwhelmed and unsure of where to turn for help. Fortunately, a personal injury firm can provide invaluable assistance during such challenging times.
Our team is here to assist you in every way possible, regardless of the extent of your injuries. We take great pride in representing clients in a diverse range of personal injury cases and can help with yours. At our firm, we understand that seeking justice is about more than just financial compensation. It is about holding those responsible accountable for the emotional anguish and physical suffering that you have endured. With our experience and support, you can be confident that you will have the best chance of receiving the compensation you deserve.
For a free initial case assessment with our personal injury lawyers, call Rhatigan Law Offices at (312) 578-8502.
Personal Injury Cases We Handle in Bolingbrook, IL
Personal injury law encompasses a wide range of cases, each with unique considerations and challenges. No matter the type of accident you suffered, our experienced personal injury attorneys can help you obtain the compensation you deserve from the party that injured you. The following are some of the practice areas we cover in Bolingbrook:
Bicycling is a popular activity that provides numerous physical and mental health benefits. However, bicycle accidents can result in severe and life-threatening injuries because of the vulnerability of cyclists on the road. Such accidents can occur when cyclists collide with motor vehicles or encounter poorly maintained roads or faulty cycling equipment.
In the event of a bicycle accident, it is crucial to establish liability and determine who is responsible for the damages. This can be a complex and challenging process, as it requires a careful examination of various factors such as traffic laws, accident reports, and witness testimonies. By analyzing these details, a clearer picture of the events leading to the accident can be established, and liability can be accurately determined.
Car accidents are a common occurrence in Bolingbrook. Car accidents happen for a variety of reasons, such as distracted driving, speeding, driving under the influence, or reckless driving. To determine who is at fault in a car accident, various factors need to be considered, such as the speed of the vehicles, the condition of the road, the weather, and the actions of the drivers involved.
An in-depth understanding of traffic laws is necessary to investigate these factors and determine liability. Additionally, a meticulous investigation of the accident scene, including gathering evidence, interviewing witnesses, and analyzing police reports, can help to establish the cause of the accident and determine who is at fault.
Motorcycle accidents can be devastating for riders as they are more susceptible to severe injuries than others on the road. These cases often involve complex legal issues such as lane splitting, helmet laws, and the inherent risks associated with motorcycle riding. In these cases, the damages you can recover might include medical bills, lost wages, and pain and suffering.
Truck accidents can cause severe damage and injuries because of the size and weight of most commercial trucks. In such cases, determining liability and pursuing compensation can be challenging because of the number of parties potentially implicated. This can include the truck driver, trucking company, and manufacturer.
To win your truck accident case, it is essential to have a team with a deep understanding of federal trucking regulations, which govern various aspects of commercial trucking, such as driver qualifications, vehicle maintenance, and cargo safety.
Uber and Lyft Accidents
Accidents involving rideshare services like Uber and Lyft can be some of the most complex cases. This is primarily because of the involvement of large corporate entities and insurance companies, which can make determining liability a challenging process.
Factors like the driver’s status at the time of the accident and the insurance policies of the rideshare company can also add to the complexity. For instance, if the driver was not actively working for the rideshare company at the time of the accident, the company’s insurance might not cover the accident. Similarly, if the driver was intoxicated or driving recklessly, the company might try to distance itself from the driver’s actions.
In cases where an animal has attacked an individual, we can help determine the animal owner’s level of responsibility. These incidents often involve dog bites, and the legal system generally requires proof of the owner’s negligence to establish liability.
However, in Bolingbrook, a different approach is taken. The strict liability doctrine is applied in dog bite cases, meaning that owners are responsible for any injuries their dog causes, regardless of whether they are aware of the animal’s vicious tendencies. This doctrine is in contrast to the previous “one-bite rule,” which held that owners were only liable if they knew or should have known that their dog was capable of attacking.
Product liability cases arise when a consumer is injured or harmed by a defective or dangerous product. The types of products involved in these types of accidents usually involve faulty appliances, toys, tools, harmful pharmaceuticals, medical devices, and vehicles. These cases are founded on the principle that manufacturers, distributors, and sellers of products have a legal responsibility to ensure that their products are safe for normal use and do not pose an unreasonable risk of harm to consumers.
In order to win a product liability case, you must prove that the product was defective and that this defect directly caused the injury or harm. Product defects can be categorized into three main types: design defects, manufacturing defects, and marketing defects. Design defects refer to flaws in the product’s design that make it inherently dangerous or unsafe, such as a car’s tendency to roll over when making sharp turns.
Manufacturing defects, on the other hand, occur during the production process and can result in individual products that are flawed or defective, such as a bicycle with a faulty brake system. Marketing defects involve inadequate or misleading instructions, warnings, or labeling that fail to inform consumers of the potential dangers associated with the product.
In product liability cases, the burden of proof is on the plaintiff to demonstrate that the product was defective. This typically involves presenting evidence such as expert testimony, product testing results, medical records, and accident reports. In many cases, an expert will need to testify to explain complex issues that a layperson would typically not understand.
Medical malpractice cases occur when a healthcare provider fails to provide the expected standard of care to a patient, resulting in injury or harm. These cases can involve a wide range of medical errors, such as misdiagnosis, surgical errors, medication errors, birth injuries, and failure to diagnose a condition in a timely manner.
To successfully pursue a medical malpractice claim, expert testimony is typically required to establish the standard of care expected for the patient’s condition and how the healthcare provider failed to meet that standard, causing harm or injury to the patient. This testimony is given by medical professionals with experience and expertise in the specific area of medicine related to the case.
What You Need to Prove to Win Your Bolingbrook, IL Personal Injury Case
Personal injury cases typically revolve around the legal principle of negligence, which involves one party causing harm to another because of a failure to act with reasonable care. To win a personal injury case, you must prove the following four elements:
Duty of Care
First, you will need to prove that the defendant had a legal responsibility, also known as a “duty of care,” towards you. This duty of care implies that the defendant was obliged to act in a specific manner or refrain from taking certain actions to prevent harm from being inflicted upon the plaintiff.
However, the duty of care varies depending on the circumstances of each case. For example, when it comes to auto accidents, all drivers are held to a standard of care that requires them to operate their vehicles with caution and in a manner that ensures the safety of other road users. This duty of care extends to taking necessary precautions to avoid accidents, such as obeying traffic rules, driving at a reasonable speed, and keeping a safe distance from other vehicles.
Breach of Duty
The next step is to show that the defendant breached this duty and that the breach caused your harm. A breach occurs when the defendant fails to meet the standard of care that a reasonable person would have exercised in a similar situation.
This can mean failing to take reasonable precautions to prevent harm, such as a driver exceeding the speed limit, a doctor misdiagnosing a patient’s condition, or a property owner not maintaining safe premises.
In assessing whether a breach has occurred, the court will consider factors such as the nature of the risk, the foreseeability of harm, the severity of the harm that could result, and the burden and feasibility of taking precautions to avoid the harm.
Direct and Proximate Causation
The third element is causation, which requires demonstrating that the defendant’s breach of duty was the direct cause of the plaintiff’s injury. Two aspects must be considered to establish causation: direct and proximate causation.
Direct causation means that the defendant’s breach of duty was the direct cause of the plaintiff’s injury. This means there must be a clear and direct link between the defendant’s actions and the plaintiff’s injury. It is not enough to show that the defendant’s actions were just one of the many factors that contributed to the injury. Usually, the court asks if this accident has occurred but for the defendant’s negligence.
Proximate causation, on the other hand, refers to the defendant’s ability to reasonably foresee that their actions could cause injury to another person. This means that if the defendant had a reasonable expectation that their actions could cause harm to someone else, and subsequently, they did indeed cause injury, they can be held liable.
The final element that needs to be proven is damages. This essentially means that the plaintiff has suffered actual harm as a direct result of the defendant’s breach of duty.
The damages can be physical, such as injuries or property damage, but they can also be emotional or financial in nature. This can include pain and suffering, emotional distress, loss of wages or earning capacity, medical expenses, and other economic losses.
Generally, the amount of damages that can be recovered will depend on the severity of the harm suffered by the plaintiff and the extent to which it has affected their life. To recover damages, the plaintiff must provide sufficient evidence of the harm they have suffered and the extent of the damages incurred. That is why you should keep detailed medical records and records of any expenses related to your accident.
Time Limit to File a Personal Injury Lawsuit in Bolingbrook, IL
In Bolingbrook, the time limit to file a personal injury claim is determined by the “statute of limitations.” This law sets a deadline for filing a lawsuit after an injury or accident has occurred. In most personal injury cases, the statute of limitations is two years from the date of the injury under 735 I.L.C.S. 5/13-202.
This means that if you have been injured because of someone else’s negligence, you generally have two years from the date of the incident to file your lawsuit. In most cases, the clock starts ticking on the day of the accident or injury, not the day you discover the injury or decide to file a lawsuit.
If you do not file your lawsuit within the two-year limit, the defendant can use this as a defense to dismiss the case. This means that even if you have a strong case, you might not be able to recover compensation for your injuries if you wait too long to file.
Fortunately, there are exceptions. For instance, if the injured party is under 18 or legally disabled at the time of the accident, the statute of limitations does not begin until the minor turns 18 or the disability is removed. They will have two years from their 18th birthday or the date they are declared competent to file their claim.
Another primary exception to the statute of limitations is the “discovery rule.” This rule acknowledges that some injuries might not become apparent until a later date. In such instances, the clock starts ticking on the date the injury was discovered or reasonably should have been discovered. However, you cannot rely on this exception if you should have reasonably discovered your injury earlier. Thus, you should always seek medical care following an accident.
Our Bolingbrook, IL Personal Injury Lawyers Are Ready to Help You Win Your Case
For a free case assessment with our personal injury attorneys, contact Rhatigan Law Offices by calling (312) 578-8502.