Chicago Personal Injury Lawyers Aggressively Asserting Your Rights

Taking Legal Action Following an Accident

Most often, personal injury claims are based on the theory of negligence. This applies when a defendant failed to exercise the level of care that should have been used in a particular situation. To succeed in a negligence case, a victim or plaintiff must establish that the defendant had a certain duty of care, the defendant breached the duty of care with a careless action or by failing to take certain precautions, the defendant’s breach caused the accident, and the plaintiff suffered quantifiable damages as a result.

Under the modified comparative negligence rules used in Illinois, fault may be divided among each party when multiple parties share the responsibility for an accident. For example, if you are found to be 10 percent responsible for the accident and your resulting injuries, your total recovery would consist of 90 percent of the damages that you incurred. However, if you are found to be more than 50 percent at fault for causing the accident, you will not be able to recover damages.

The stark differences between these possible outcomes makes it critical to consult an experienced personal injury attorney who can help you fight back against allegations that you contributed to the accident.

In Illinois personal injury cases, plaintiffs may be able to seek a broad range of damages. The amount and types of damages will depend on the details of the case, but generally a plaintiff will be able to seek compensation for medical expenses, any future costs of treatment, lost wages and lost earning capacity, property damage, pain and suffering, and lost enjoyment of life. In the tragic event that you have lost a loved one due to someone else’s careless conduct, you may be able to seek other types of damages through a wrongful death claim, such as funeral and burial costs and loss of companionship.

In certain cases in which the defendant’s conduct is egregious, such as some drunk driving accidents or incidents in which the defendant acted intentionally or with extreme recklessness, a plaintiff may be awarded punitive damages. The idea behind punitive damages is to punish the wrongdoer and deter others from engaging in similarly dangerous behavior.

Like every other state, Illinois imposes a certain time period during which a personal injury claim must be filed, known as the statute of limitations. Typically, a plaintiff has two years from the date of an accident to bring a lawsuit. This means that you need to act quickly to preserve your rights if you think that you may have a claim.

Consult an Experienced Personal Injury Attorney in the Chicago Area

People who are dealing with the harm resulting from someone else’s negligence deserve trustworthy legal advocacy and comprehensive representation. At Kurasch & Klein, our Chicago personal injury lawyers seek to obtain fair settlements for each of our clients, but we are ready to fight for your rights in the courtroom as well. We represent injured individuals in Naperville, Wheaton, Schaumburg, and communities throughout Cook County. To consult a car accident attorney or seek representation in another type of personal injury claim, you can contact us online or call 312-372-7250 to set up a free consultation.