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IL accident lawyerA personal injury claim may be used to seek compensation for damages, or financial losses, resulting from an injury. In order to be eligible for compensation through a personal injury claim in Illinois, you and your attorney may need to show proof of the defendant’s negligence. If you were injured in a car accident, this may mean proving that another driver was at fault for your accident. Personal injury claims often become cases of “he said, she said” so proving that the other driver was to blame for your accident may be quite difficult. Accident reconstruction is one way that you may be able to demonstrate liability in a car accident injury claim.

Proving the Elements Needed to Win Your Case

Most personal injury claims are founded on an allegation of another party’s negligence. To win a claim based on negligence, you will need to demonstrate four main points. First, you must show that the defendant owed a duty of care. In the case of car accident claims, this is typically the easiest issue to prove because all drivers have a duty to drive in a lawful and safe manner. Secondly, you must prove that the driver breached or violated the duty of care. A driver may breach his or her duty by texting and driving, driving too fast for the conditions, or otherwise driving in a way that could endanger others. Thirdly, you will need to show that the driver’s negligence caused your injuries. Lastly, you must show that you sustained damages such as medical bills or lost income because of your injuries.

Reconstructing an Accident

Accident reconstruction is one tool that may be used to demonstrate how a driver’s negligent actions caused an accident. Accident reconstruction experts are usually highly-skilled in fields such as forensic engineering, physics, and mathematics. They may use evidence such as the location and severity of vehicle damage, skid marks, vehicle information from event data recorders, weather data, traffic patterns, and road conditions to determine what happened during an accident. This information may be used along with computer programs to “reconstruct” or reproduce the events that occurred during the accident in an easy-to-understand format. An accident reconstruction expert may offer assistance during the development of your claim or he or she may be called as an expert witness in court.

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IL injury lawyerBeing seriously injured in a slip and fall accident, car accident, fire, or another type of accident can lead to painful, debilitating injuries. Even if these injuries heal, the accident victim may be left with disfiguring scars for the rest of his or her life. If you or a loved one were recently involved in an accident that led to disfiguring injuries, you may have questions about your legal options. If your accident was caused by another party’s negligence, you may be entitled to financial compensation for scarring and disfigurement.

Accidents That Lead to Disfigurement

There are many different types of accidents that can lead to disfiguring injuries. A serious car accident, truck accident, or motorcycle accident can lead to deep lacerations that leave lasting scars. Cuts to the face, arms, and hands are especially common in car accidents. Fires, explosions, fireworks accidents, workplace accidents, exposure to toxic chemicals, and electrical accidents may cause burn injuries that lead to lasting scars. Amputation of a limb may result from a construction accident or another incident in which body parts are crushed or severed. Disfigurement can have a dramatic impact on a person’s ability to work, perform daily living tasks, and enjoy life.

The Role of Negligence in a Personal Injury Claim Involving Disfigurement

A personal injury claim is a legal claim that is used to pursue compensation for injuries caused by another party’s negligence or wrongdoing. To recover compensation for disfigurement after an accident, you and your attorney will need to show that the defendant acted negligently or broke the law and that this negligence or wrongdoing led to your injuries. Negligence is typically defined as the failure to exercise a level of care and concern a reasonable person would have exercised in a similar situation.

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IL injury lawyerA traumatic brain injury (TBI) occurs when the brain is damaged in some way. The brain injury may be caused by the brain striking the inside of the sufferer’s skull during a forceful impact or it may be caused by an object penetrating the skull and coming into contact with brain tissue. The medical consequences of a traumatic brain injury vary significantly. A person may sustain a minor concussion and not even be aware of it. On the other end of the spectrum, a severe traumatic brain injury can cause lifelong disability. If you or a loved one suffered a TBI, you may have questions about your legal rights. You may wonder if you will be entitled to financial compensation for your injury, and if so, how much compensation you could receive.

The Severity of TBI Symptoms Can Affect the Amount of Damages You May Receive

The brain is responsible for controlling the majority of bodily functions. Traumatic brain injuries are unique in that they can cause physical, cognitive, and psychological consequences. TBI sufferers may experience symptoms including:

  • Headache
  • Confusion
  • Vomiting
  • Fatigue
  • Paralysis
  • Slurred speech and difficulty speaking or understanding speech
  • Difficulty swallowing
  • Body numbness or tingling
  • Facial muscle weakness
  • Loss of bowel and bladder control
  • Ringing in the ears and other hearing problems
  • Vision problems including double vision, blurred vision, sensitivity to light, loss of eye movement, and even blindness
  • Dizziness and problems with balance
  • Difficulty breathing and slowed breathing rate
  • Altered heart rate
  • Cognitive difficulties
  • Atypical emotional responses
  • Memory problems
  • Behavior changes

Typically, the more severe the TBI symptoms and the greater impact the symptoms have on your daily life, the more compensation you may be entitled to via a personal injury claim. You could be compensated for your past and future medical expenses, lost wages, impairment to your income earning capacity, pain and suffering, and more.

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IL accident lawyerIf you were hurt by the actions or negligent inaction of another party, you may be left with significant financial losses and painful, long-lasting injuries. Ideally, the responsible party and/or insurance company would reimburse you for these expenses, however, getting full compensation through these means is often next to impossible. Insurance companies typically try to settle for less than the injured person’s damages are actually worth and may disregard non-financial damages like pain and suffering. In many cases, bringing a personal injury claim against the at-fault party is the best way to recover compensation after a slip and fall accident, car accident, or other injury-causing incident. If you are interested in pursuing a personal injury claim, you may wonder exactly how a personal injury lawyer will benefit your case.

Hiring a Personal Injury Attorney Increases Your Chances of Success

There are many different reasons that retaining a skilled personal injury attorney will improve your chances of successfully recovering compensation. Your personal injury attorney will help you:

  • Determine the Liable Parties: In many cases, determining which party is liable for an accident is not as straightforward as you may assume. For example, the party legally responsible for a truck accident may be the truck driver, the trucking company, the company that manufactured a faulty truck part, or several other parties. The party liable for a medical mistake could be the doctor himself or herself, the hospital or medical facility, or the manufacturer of a defective medical device.
  • Gather Evidence to Support Your Claim: To win a personal injury lawsuit, you will need to prove that the other party’s negligence or wrongdoing caused your injuries and that you suffered damages as a result. Your attorney will help you gather evidence such as photographs, surveillance camera footage, maintenance records, event data recorder files, and medical records and use this evidence to create a strong argument against the defendant. He or she will also gather testimony from those who were witnesses to the accident as well as expert testimony from medical experts, accident reconstructionists, and other professionals.
  • Reach a Settlement That Covers Your Full Damages: Without an attorney advocating on your behalf, you may settle for significantly less compensation than you are entitled to. For example, you may recover compensation for your past medical bills but not the expensive physical therapy and prescription medication you will continue to need long after the case is over. Your attorney will help you negotiate a settlement that gets you the full financial recovery you need and deserve.
  • Present Your Case During Litigation: If a settlement cannot be reached through negotiations, your case may go to trial. Your attorney will represent you and your best interests thought these legal proceedings. He or she will stand by your side so that you do not have to face this intimidating and confusing process on your own.

Contact a Waukegan Personal Injury Lawyer

The accomplished Lake County personal injury attorneys at Salvi & Maher, L.L.C. have more than 85 years of collective legal experience. We have helped countless clients successfully recover compensation for a wide range of injuries. To schedule a free, no-obligation consultation to learn more about how we can help you, call our office today at 847-662-3303.

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IL injury lawyerIf you or a loved one have been hurt due to the carelessness or misconduct of another party, you may have questions about what it takes to win a personal injury claim and collect compensation. A personal injury claim may allow an injured individual to recover compensation for medical bills related to the incident, ongoing medical costs, pain and suffering, property damage, lost wages, and more. Most personal injury lawsuits hinge upon whether or not a party acted negligently.

Understanding the Legal Definition of Negligence

Although the word “negligence” is often used as a synonym for inattention or recklessness, the legal concept of negligence is much more precise. In order to prove that a party acted negligently, you and your attorney will need to show that four main elements are present in your case:

  • Duty of Care: The defendant owed the plaintiff, or individual bringing the lawsuit, a “duty of care.” This means that the defendant had a legal obligation to act in a certain way toward the defendant. For example, a doctor owes his or her patients a duty to provide reasonably skillful medical care. A landlord has a legal obligation to keep his or her property free of preventable hazards. A store owner has an obligation to maintain a reasonably safe premise for customers. Drivers have an obligation to drive in such a way that does not present a risk of death or injury to other motorists or pedestrians.
  • Breach of Duty: The defendant failed to uphold his or her duty of care.
  • Causation: The defendant’s breach of duty caused the plaintiff’s injuries. There are two types of causation: cause-in-fact and proximate cause. Cause-in-fact is sometimes called “but-for” causation, meaning but for the defendant’s actions, the injury would not have occurred. Proximate cause means that an event was related to an injury in such a way that the court considers the event to be the cause of the injury
  • Damages: The plaintiff suffered some type of injury or loss. If a person breached a duty of care but this did not result in any harm, the person may not be considered negligent. For example, if a pharmacist gave a patient the wrong medication but the patient realized the mistake before taking the medication, the patient would not have a valid personal injury claim. However, if the patient took the wrong medication and suffered serious medical complications requiring hospital treatment, the patient may have a valid injury claim.

Contact a Lake County Personal Injury Lawyer

If you or a loved one were hurt due to another party’s carelessness or recklessness, contact Salvi & Maher, L.L.C. to learn about your legal options. A personal injury claim may enable you to hold the at-fault party responsible for the wrongdoing as well as recover compensation. Call our office at 847-662-3303 and schedule a free, no-obligation consultation with one of our passionate Waukegan injury attorneys.

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