If you were hurt because of someone else’s negligence, then you may be able to bring a claim against them for the damages you sustained. However, pursuing payment for a personal injury can be a challenging and complex process.
Fortunately, our legal professionals can help you fight for the financial compensation you are owed. We can gather evidence and negotiate with the at-fault party’s insurer. Furthermore, we can offer crucial support when navigating complex legal procedures on your path to payment.
Get assistance from our experienced personal injury attorneys at the Rhatigan Law Offices by dialing (312) 586-9429.
Damages Available in Elgin, IL Personal Injury Cases
Personal injury claims span a wide variety of accidents and injuries. As such, damages are just as varied and might be worth a large sum, depending on the circumstances. Compensatory damages are awarded to restore what the plaintiff has lost. This may include economic damages related to actual costs and non-economic damages that are more subjective. Punitive damages are awarded to punish defendants, but these damages are rare and difficult to prove.
Compensatory Damages
Your compensatory damages represent your actual losses. Generally, compensatory damages are divided into two categories: economic and non-economic damages. Your economic damages are related to money you spent or lost because of the accident and may be proved with receipts, bills, and other proof of costs. Non-economic damages are rooted in your painful personal experiences and are inherently more subjective.
Some common examples of economic damages include medical costs, property damage, and lost wages. After being injured, you should go to a hospital as soon as possible. This might mean calling an ambulance (which can be costly) or getting a ride to the hospital as soon as possible. Medical care is notoriously expensive, and even one trip to the ER might be more than you can afford.
Property damage tends to come up in accident cases involving a bit more physical destruction. For example, car accidents can be very destructive, and people often lose their vehicles and all their personal belongings that are inside. These things are expensive to replace, and their costs should be factored into your overall damages.
If your injuries are serious, you might be unable to go back to work for a while. The longer you cannot work, the more income you lose, which can affect your ability to keep up with things like medical bills.
Non-economic damages are based on your personal experienced related to the accident. Perhaps your injuries caused you great physical pain. Maybe the accident was traumatic and caused you serious emotional and psychological distress. Maybe your injuries have left you disabled, and your quality of life is not the same. These experiences are hard to quantify in terms of money, but they are worthy of financial compensation.
Punitive Damages
Generally, plaintiffs do not have an automatic right to claim punitive damages. These are awarded to punish defendants, but only under very serious conditions. As such, plaintiffs must be able to prove their claims and meet specific statutory requirements. According to 735 I.L.C.S. § 5/2-1115.05(b), a plaintiff must prove by “clear and convincing evidence” that the defendant acted in one of two ways. First, they must show that the defendant acted with an evil motive, which might include intentional acts of harm.
Second and alternatively, the plaintiff must prove that the defendant acted with an outrageous and reckless indifference to highly unreasonable risks of injury or harm with a conscious indifference to the safety of other people. Put another way, the defendant must be proven to have acted with gross negligence, which is far beyond mere ordinary negligence.
Proving punitive damages is very difficult. Proof by clear and convincing evidence is a very high legal burden. It is actually a higher burden of proof than a “preponderance of the evidence,” which is the burden of proof for most civil injury lawsuits.
Common Sources of Personal Injuries in Elgin, IL
Personal injuries can result from many different types of accidents. If you were hurt because you suffered any of the following, then our personal injury attorneys can evaluate your potential claim against the at-fault party:
Slip and Fall Accidents
Slip-and-fall accidents are relatively common and can happen in a variety of settings, including stores, restaurants, and public places. They often occur because of hazardous conditions like wet floors, uneven surfaces, or inadequate signage warning of potential dangers.
Slip and fall accidents can lead to a range of injuries, from minor bruises and sprains to more severe injuries. In some cases, individuals may experience head injuries if they fall and hit their head on a hard surface, which can result in concussions or even traumatic brain injuries. Additionally, fractures, particularly of the wrist, hip, or ankle, are also common injuries associated with slip and fall accidents.
Car Accidents
Car accidents are one of the most prevalent causes of personal injuries in Illinois. These accidents typically result from a collision between two or more vehicles, often because of factors such as speeding, distracted driving, impaired driving, or adverse weather conditions.
Injuries stemming from car accidents can vary widely in severity. They can range from minor injuries like bruises and whiplash to more severe and life-altering injuries, such as broken bones, spinal cord injuries, and traumatic brain injuries. In some unfortunate cases, car accidents can result in fatalities.
Truck Accidents
Truck accidents involve large commercial vehicles, and they are often more catastrophic because of the sheer size and weight of the trucks. These accidents usually occur because of factors like driver fatigue, improper loading, mechanical failures, or other forms of negligence.
Injuries resulting from truck accidents can be particularly severe and may include fractures, internal injuries, spinal cord injuries, and even fatalities.
Motorcycle Accidents
Motorcycle accidents are a significant concern for personal injury cases in Illinois. These accidents often happen due to factors like reckless driving, road hazards, or other motorists failing to notice motorcyclists on the road.
Motorcycle accidents can lead to a range of severe injuries, with riders at risk of road rash, fractures, head injuries, and even spinal cord injuries. The lack of protective barriers for motorcyclists can make the injuries more severe in such accidents.
Nursing Home Abuse
Nursing home abuse is a deeply troubling issue, and it occurs when residents of nursing homes or assisted living facilities are mistreated or neglected by staff members. The injuries resulting from nursing home abuse can be both physical and emotional. Residents may suffer from bedsores because of neglect, malnutrition due to inadequate care, fractures from physical abuse, or emotional trauma because of the psychological and emotional abuse they may endure. This form of abuse is especially distressing because it affects vulnerable individuals who rely on others for their care and well-being.
Medical Malpractice
Medical malpractice cases in Illinois often arise from healthcare professionals making errors during treatment or diagnosis. Patients can experience a wide range of injuries because of medical malpractice, including misdiagnosis leading to delayed treatment, surgical complications resulting in additional health issues, medication errors causing adverse reactions or overdoses, and infections acquired in healthcare settings due to lapses in hygiene and care standards. These injuries can have severe consequences on a patient’s health and well-being.
Construction Site Accidents
Construction site accidents are common in Illinois, given the extensive construction activities in the state. These accidents are often the result of unsafe working conditions, negligence on the part of contractors or employers, or equipment failures.
Injuries that stem from construction site accidents can be quite diverse and severe. They may include burns from welding or chemicals, amputations caused by heavy machinery accidents, falls from significant heights, and head injuries from falling objects or construction-related incidents. Because of the inherently hazardous nature of construction work, injuries can be life-altering and have long-lasting effects on the injured workers.
Pedestrian Accidents
Pedestrian accidents occur when individuals on foot are struck by vehicles while crossing the road or walking alongside it. These accidents typically happen because of driver negligence, including speeding, distracted driving, or failure to yield the right of way. Injuries from pedestrian accidents can be significant, including broken bones, head injuries, and internal injuries because of the force of impact when a pedestrian is struck by a vehicle. The lack of protection for pedestrians makes them especially vulnerable to such accidents.
Bicycle Accidents
Lastly, bicycle accidents can occur on Illinois roads because of various factors, including vehicle collisions, road hazards, or distracted drivers who fail to notice cyclists. Injuries that may result from these accidents can be quite diverse, with cyclists at risk of fractures, head injuries, and skin abrasions due to contact with the road or vehicles. In severe cases, these accidents can lead to long-term injuries and have a substantial impact on the lives of the individuals involved.
Evidence and Proof to Back Up Your Personal Injury Claims in Elgin, IL
We need proof of your claims just to file the case. When filing the initial complaint, we have to include details about evidence. While we do not have to include enough evidence to meet our burden of proof, we should have enough to show the court that you have a valid cause of action that warrants a trial. Other evidence can be collected later.
If other people were nearby when you were injured, their testimony may prove invaluable. Witnesses might have details about how an accident happened and who they saw cause it. Even if a witness did not see the entire accident or their recollection is incomplete, whatever details they can provide can help us piece together a puzzle for the jury. The more witnesses, the better.
Photos may also make for strong evidence in court. After an accident, it is a good idea to take photos of the damage and your injuries. Also, take photos of the surrounding area and people involved in the accident. You never know what might be important later, so take as many photos as you can.
Security camera footage might also be very useful, especially if a camera recorded the entire accident on video. This kind of evidence is oftentimes so powerful that it is very hard for defendants to refute it. If you are caught on camera, it is hard to prove otherwise.
Time Limit to File a Personal Injury Lawsuit in Elgin, IL
The deadline to file a personal injury lawsuit in Illinois is governed by 735 I.L.C.S. 5/13-202. Usually, you will have two years from the date of an accident to file a claim against the at-fault party. If you fail to comply with this deadline, then you may be unable to recover the payment you deserve. Thankfully, our legal team can help bring your case to court on time.
Contact Our Law Firm for Help with Your Personal Injury Case in Elgin, IL
Seek support and guidance from our experienced personal injury attorneys by calling the Rhatigan Law Offices today at (312) 586-9429.
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