Illinois Personal Injury Basics
While you may have a general understanding of the fact that people who are hurt in accidents often can recover compensation from the person or business that caused their accident, many victims of often have questions about basic issues related to personal injury law and the way that claims proceed. Here is some general information about
personal injury1 law in Illinois.
Victims Who are Hurt by Negligence are Entitled to Recovery
Not every accident entitles victims to recover compensation. In order to be entitled to damages, victims need to be able to establish that their accident was caused by someone else’s negligence. You probably already have an intuitive understanding of this: if you slip and fall because you failed to tie your shoe, it would be difficult to blame your accident on someone else. On the other hand, if you slipped and fell because of a grocery store’s failure to warn you that the floors were wet after being mopped, it makes sense to say that the accident was “their fault.”
Damages are Available for Both Economic and Non-Economic Losses
Many accident victims come to us and wonder which of their losses will be compensated. Illinois law allows people who are hurt in accidents can recover for both their economic losses like their medical expenses, and their non-economic losses
like pain and suffering. Some of the more common damages that are sought in Illinois personal injury cases include the following:
- Past, current, and future medical expenses
- Lost income
- Loss of quality of life
- Physical and emotional pain and suffering
- Property damage
You Can Still Recover Even if You Were Partially at Fault
Under Illinois’ contributory fault statute,2 you are still able to recover for your losses even if you were partially at fault for your accident, so long as your fault is not more than 50 percent of the cause of the accident. If your fault is more than 50 percent of the cause of the accident, you will be barred from recovering anything. If you are deemed to be partially at fault, your recovery will be reduced in proportion to your degree of fault.
Contact Abels & Annes, P.C. Today to Speak with a Chicago Personal Injury Lawyer
If you have been hurt in an accident that you believe was caused by someone else’s negligence or recklessness, you should speak to an attorney immediately. To schedule a free case evaluation with one of our Chicago PI attorneys, call Abels & Annes, P.C. today at 312-924-7575 or 1 http://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/injury.html
2 http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116