Personal Injury Lawyer Near Me
Searching for a Personal Injury Lawyer Near Me in Kane County? Contact the Law Offices of Anthony R. Scifo at 847-628-8311
In personal injury law an injured person may obtain compensation if another person’s intentional or negligent actions caused the harm. There are many various situations that may lead to a personal injury law case. However, not each incident that involves an injury will lead to another’s liability. Some of the most typical types of cases involving personal injury are:
Motor Vehicle Accidents
Not surprisingly, vehicle accidents are the most common type of personal injury case. When they occur, it is often because a motorist isn’t driving as cautiously as he or she should. Or, they simply didn’t follow the rules of the road. A careless motorist is usually responsible for injuries resulting from a vehicle accident they cause.
Generally, there are two kinds of legal claims that stem from vehicle accidents: personal injury and property damage. In fatal accidents, wrongful death claims might also result.
After an accident happens, the at-fault motorist is typically accountable for the resulting injuries and damages. The responsible motorist’s insurer provides coverage for all or some of the injuries. The motorist pays through higher premiums. Determining fault generally has the greatest influence on what occurs from a legal standpoint after an accident.
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In many accidents determining fault is fairly straightforward. All parties are usually aware when one of the motorists did not follow rules of the road and is accountable. A basic example is a rear-end crash that an impartial witness observes. However, fault may not be as clear in other types of accidents. To show liability for a vehicle accident, an injured party has to prove that:
-A party owes a legal obligation. With respect to vehicle accidents, all motorists owe a duty to others on the roads. Once behind the wheel, it’s the obligation of the motorist to operate their vehicle with reasonable care.
-The motorist violates that duty of care. The plaintiff must show the defendant did not fulfil their duty to use caution. Because the duty is to act as a reasonably responsible motorist would, the standard applies as a gauge of when a breach of duty exists in accidents. This basically means the actions of the motorist who is at fault is assessed in terms of how a reasonably careful motorist would have acted. If the reasonable party would have acted more carefully, then the motorist at issue may be viewed as negligent and considered to be at least partly at fault. Proof that a motorist received a traffic violation due to the accident is useful for showing the duty to use caution was not followed.
-Breach of the standard of care resulted in injuries. It is not sufficient for the other motorist to have acted with negligence to show responsibility for a vehicle accident resulting in injuries. The negligence must have been the direct cause of the vehicle accident. This essentially means the accident wouldn’t have taken place if the other motorist had practiced more caution.
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In the event your vehicle sustains damages in an accident, you might have a few options to get your vehicle repaired. These options depend upon who is at fault for the motor vehicle accident, which type of vehicle insurance coverages you carry and whether the other parties involved sustain injuries.
Liability Coverage for Property Damages – Personal Injury Lawyer Near Me
Drivers must purchase liability insurance coverage for their registered motor vehicles. Following a vehicle accident, the responsible driver’s property damage liability coverage insurance policy should take effect and pay for resulting damages to your vehicle. This basically means that if another party is responsible for an accident that damages your car, their insurance carrier will provide payment for repairs to your vehicle – or payment for your vehicle’s market value. In this case, you would have a right to file an insurance claim with their carrier.
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Illinois has many state laws relating to personal injury cases. They apply when a lawsuit is filed in court, and can be a consideration when parties are negotiating a settlement with an insurance provider.
Time Limitations for Filing Injury Lawsuits in the State of Illinois
Illinois places a limit of two years for filing a lawsuit for an injury claim in a civil court. This statute of limitations typically starts the day the accident occurs. In some cases, though, it may begin on the date the victim learns of their injury instead of the date of the incident. This is referred to as the date of discovery.
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There is a one year limit to make a personal injury claim against a city or county governmental body.
The limit to file a claim against the state government is two years, but in order to sue a formal claim must be filed within one year.
Injury Cases and Comparative Fault – Personal Injury Lawyer Near Me
Rules relating to comparative fault are intended to sort through damages in the event more than one party is liable – at fault – for injuries resulting from an accident. It’s not uncommon for a party in an injury case to allege that the injured party is partly or fully at fault. In these cases, state courts will apply the modified comparative fault rules to determine damages the injured party may possibly receive.
Comparative fault may also come up in negotiation with insurance companies too.
Vehicle Insurance Laws in the State of Illinois
Like a lot of other states, Illinois follows a “fault” system when it comes to handling motor vehicle accidents. In this application, someone suffering an injury has an option of proceeding to court to show fault, looking for compensation from their insurer or from another motorist’s insurer. In many accident cases, the person with an injury starts by making an insurance claim while keeping the option of going to court in the event negotiations for a settlement don’t pan out.
Strict Liability in Dog Bite Cases – Personal Injury Lawyer Near Me
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Pet owners have protection against injury liabilities in some states the initial time their dog hurts someone if there was no prior reason to consider the animal as dangerous. This is frequently known as the one bite rule. But in the state of Illinois a certain statute declares that the owner is “strictly” liable. This means that despite the dog’s previous behavior, the owner is liable for injuries caused by their pet.
Damage Caps on Illinois Injury Claims
The role of a damage cap in a personal injury case is basically to place limits on the amount of compensation the plaintiff may receive. Damage caps vary from state to state. Some caps are in effect in particular kinds of cases such as physician malpractice. Other forms of damage caps only apply to specific kinds of damages such as pain and suffering. Presently, the state of Illinois doesn’t have a damage cap upon any variety of personal injury cases. The state’s cap upon damages in malpractice cases was struck down in 2010 as a violation of the Illinois constitution.
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