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IL injury lawyerBeing in a car accident places an enormous amount of force on the occupants’ bodies. Bones break, ligaments snap, and sharp edges of the car’s interior cause lacerations and bruises. Some car accident injuries heal in a few weeks or months. Others leave the victims with long-lasting or permanent loss of functioning. Back injuries, including herniated disks, spinal cord injuries, and fractured vertebrae, are especially debilitating. If you or a loved one suffered a back injury in a car crash, you may be able to seek financial compensation through a personal injury claim. The amount of compensation you may recover depends on the nature of your injuries, how the injuries impact your earning capacity, and other factors.

Recovering Financial Compensation for Medical Bills After a Wreck

Whether a crash is caused by a drunk driver, a tire defect, or another reason, the victims of the crash may be left with painful, debilitating injuries. These injuries usually require extensive medical treatment which can lead to massive medical bills. Fortunately, car accident victims may be entitled to compensation for medical expenses. If you suffered a back injury in a crash, you may be compensated for expenses related to:

  • Emergency room and hospital treatment
  • Surgery
  • X-rays and other diagnostic tests
  • Wheelchairs, crutches, or other assistive devices
  • Medications
  • Ongoing medical treatment, including physical therapy

Lost Income and Lost Earning Capacity Caused by a Back Injury

Back injuries are not only painful, but they may also prevent the sufferer from being able to complete job duties. If you suffered a back injury in a car accident, you may be entitled to your lost income from missed work. If you can no longer work at all or must take a lower-paying job due to your injuries, you may be entitled to compensation for your lost earning potential.

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IL injury lawyerStudies show that most car accidents are caused by negligent driving such as intoxicated driving or distracted driving. However, sometimes, the at-fault party in a car accident case is not a person. Rather, it is a government entity such as a city or state. If you or a loved one were hurt in a car crash caused by a state government employee or negligence on the part of a government agency, it may be possible to sue the government for damages.

Personal Injury Claims Brought Against the State Government

Personal injury claims may be used to recover financial compensation for damages caused by a car accident. An injured person or a deceased person’s estate may be entitled to compensation for vehicle damage, medical expenses, lost income, and more. In Illinois, employers are usually liable for car accidents caused by on-the-clock employees. Similarly, when a government employee causes an accident in which someone is injured or killed, the government may be liable. Injured persons may wish to file a claim against the state of Illinois if they were hit by a state government employee or otherwise harmed by the negligent actions of a government agency.

Car Accident Cases Subject to the Illinois Court of Claims Act

Illinois law states that an injured person may be able to recover damages from the state of Illinois if the same claim would be possible if it were brought against an individual or company. However, personal injury claims brought against the government are subject to a special set of rules. The government is immune from legal claims in some situations. Furthermore, claims brought under the Court of Claims Act have tighter deadlines than claims against private individuals. If you wish to bring a claim against the state of Illinois, you will need to either file a notice of the claim or the actual lawsuit with the Court of Claims within one year of the injury-causing accident. You have two years to file the actual lawsuit regardless of when the notice is filed.

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IL injury lawyerThe idea of not realizing immediately that you have been injured may seem counterintuitive. Many people believe that car accident injuries are always immediately apparent, and in many cases they are. Injuries like lacerations or puncture wounds are generally obvious. Other types of injuries, like whiplash-induced spinal cord injuries, may take longer to present themselves.

If you were in a serious car accident, it is probably a good idea to get in contact with an attorney even if you do not think you are seriously injured. Reaching out to a lawyer promptly after a car crash is an important way to make sure evidence you may need later is preserved just in case you end up going to court.

How Could I Not Notice an Injury Right Away?

Motor vehicle accidents can be intensely frightening experiences. When you get into a major accident, you experience a serious adrenaline rush. Adrenaline can act as a natural pain reliever. Without pain to signal to you that something is wrong, an injury that does not prevent you from getting up and walking away may go unnoticed until the adrenaline rush has worn off, which could take hours. By then, you may have already gone home.

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IL injury lawyerBy now, most people are tired of hearing about the dangers of distracted driving. However, for victims of distracted driving accidents, these warnings are more important than ever. Driving while using a cell phone is one of the most dangerous types of distracted driving. When a driver is texting and driving, using smartphone applications, sending emails, or otherwise using their cell phone, their hands, eyes, and attention is not on the road. It is hard to say for sure just how many car accidents are caused by distracted driving. However, many experts agree that the problem is getting worse.

Statistics About Cell Phone Use Behind the Wheel Are Grim

Everyone knows that they should pay attention to the road and avoid distracted driving. However, society has become so reliant on technology that many people struggle to put their phones down even when operating a vehicle. A recent study conducted by State Farm found that 36 percent of people admit to using the internet while driving. Over 40 percent admit to texting and driving. About a quarter of participants admitted to updating social media or taking pictures while driving. Just under 90 percent of drivers surveyed admitted to at least one activity involving cell phone use behind the wheel.

Legal Recourse After an Accident Caused by a Distracted Driver

Distracted driving puts others’ lives in danger. If you or a loved one were injured in an accident caused by a distracted driver, you may have legal recourse. You may be able to file a personal injury claim and collect financial compensation. You could be entitled to reimbursement for emergency room bills and other medical costs, lost wages from missed work, vehicle repair, pain and suffering, and more.

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Posted on in Car Accidents

Il injury lawyerCountless different factors can coalesce in a car crash. Drivers may be distracted by their phones or in-vehicle controls, the road may be slippery due to recent rain, or a vehicle’s brakes may be in need of repair. Whatever the exact circumstances that led to a collision, car accident investigations are complicated. If you or a loved one were involved in a serious wreck, you may be entitled to compensation for your damages. However, to recover compensation and hold the at-fault parties accountable, you must prove several elements. There are many different ways that personal injury attorneys investigate crashes in a personal injury case. Read on to learn more.

Evidence is Needed to Prove Liability and Damages

In any personal injury case, four main elements must be demonstrated: Duty, breach of duty, causation, and damages. Establishing a party’s duty of care is often the most straightforward of these elements. All drivers have a legal duty to follow traffic laws and drive with a reasonable level of caution. Breach of duty refers to the illegal or negligent actions taken by the at-fault party. This may involve negligent driving behaviors, negligent design or manufacture of a vehicle component, or another form of negligence or wrongdoing. Causation refers to the relationship between the at-fault party’s actions and the victim’s injuries. Damages are the financial losses suffered by the victim or victim’s family caused by the injuries or death.

Evidence is needed to prove these elements. Personal injury lawyers may use forensic evidence at the crash scene like vehicle damage, debris patterns, and skid marks. They may use footage from dash cameras or traffic cameras, photographs, and other documentary evidence. Many vehicles are now equipped with event data recorders that record technical vehicle information before, during, and after a crash. This information can be used to piece together exactly what happened during the accident and who is at fault.

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