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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 lawyerIf you are like most people, you have probably fallen many times in your life. The unique thing about falling is that many fall accidents result in little more than small bruises while some fall accidents result in severe or even permanent injuries. Falling can lead to injuries to the head, brain, spinal cord, vertebrae, and more. Falls can cause broken bones, traumatic brain injuries, and life-long pain. Often, a major fall accident is caused by environmental hazards like spilled liquids or cluttered walkways. If you or a loved one were seriously injured in a slip and fall accident, you should know that you may be entitled to financial compensation.

Property Owners Have a Duty to Keep Premises Clear of Slip and Trip Hazards

According to Illinois law, property owners have a legal duty to keep their properties reasonably safe. These laws protect customers, clients, visitors, and anyone with a legal right to be on a property. Property owners cannot prevent every potential injury on their properties. However, they should take steps to reduce the chances of people being injured on their property to a reasonable degree. Environmental hazards that may lead to a slip and fall or trip and fall accident include:

  • Wet floors caused by spilled liquids, condensation, or leaks
  • Slippery floors caused by cleaners, soap, wax, or dust
  • Broken concrete and potholes
  • Uneven pavement
  • Loose or broken floor tiles
  • Torn carpeting and loose rugs
  • Debris or clutter in aisles, sidewalks, or walkways
  • Broken stairs and missing handrails
  • Inadequate lighting
  • Loose electrical cords

Seeking Compensation for a Slip and Fall Injury Caused by an Environmental Hazard

A slip and fall or trip and fall accident may lead to painful injuries and considerable financial harm. If a property owner or property occupier’s failure to remedy environmental hazards leads to a person’s injury, the property owner or occupier may be liable for damages. If you were injured in a preventable fall accident on someone else’s property, you may be entitled to compensation for your medical expenses, lost income from missed work, pain and suffering, and more.

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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 injury lawyerWhen most people think about car accidents, they picture accidents that occur on highways and roads. However, many car accidents occur in parking lots. Motorists in parking lots are often traveling at lower speeds than they would on the road, but serious and even deadly parking lot accidents still occur. If you or a loved one were hurt in a parking lot accident, you may be eligible for compensation through a personal injury claim.

Liability for a Parking Lot Collision

A parking lot accident can leave an injured person with expensive medical bills, vehicle damage, and other costs. Before you can seek compensation for a parking lot accident, you and your attorney will need to establish how the accident occurred and who is at fault. Liability for a parking lot accident claim can fall to a number of parties. Often, another driver is at fault. However, if the parking lot accident was caused or exacerbated by defects with the parking lot itself, the owner of the parking lot may also be liable. It is also possible that the injured person shares fault for the accident. Fortunately, Illinois is modified comparative negligence state. This means that you may still be entitled to compensation for an accident even if you contributed to the accident. As long as you are not more than 51 percent at fault, you may still be able to recover partial damages.

Proving the Elements Needed to Win Your Claim

There are four main elements in a parking lot accident claim. First is that the defendant owed a duty of care. All drivers have a duty to watch out for pedestrians, yield the right-of-way when appropriate, and drive in a safe, responsible manner. The second element is the breach of duty. Next is causation. You and your attorney will need to show that the defendant’s actions caused your injuries. Finally, you will need to show that you sustained damages. Damages may include vehicle damage, medical bills, lost income from missed work, and more. Evidence such as security camera footage, police reports, eyewitness statements, and medical records are often used to establish each of these elements in a personal injury claim.

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