The laws in Illinois are designed to defend the rights of citizens as well as to protect them from harm and wrongdoing. Fortunately, when an injury occurs due to another’s reckless actions or behavior, the law allows individuals to seek justice.

If you or a loved one were injured due to the negligent actions of another, an Evergreen Park personal injury lawyer could provide you with advice to help you move forward. Regardless of how your accident has occurred, a skilled attorney could work on your behalf to get you the compensation you need. En Español.

Determining Negligence

Most personal injury cases rely on the legal concept of negligence. Negligence is how the courts determine liability or fault for an accident. To prove negligence, the plaintiff’s Evergreen Park personal injury lawyer must prove the following:

  • The defendant owed a duty to the plaintiff
  • The defendant breached that obligation
  • The plaintiff’s injury was caused by the defendant’s failure to act as a reasonable person would under the circumstances

Modified Comparative Negligence

The State of Illinois follows the modified comparative negligence rule. Under 735 Illinois Compiled Statutes 5/2-1116, the injured claimant may be eligible to recover compensation from the defendant even if they are partially responsible for the accident. As long as the plaintiff is found to be less than 51 percent liable for an accident, they may still be eligible to recover compensation. The injured claimant’s award for damages may be reduced by their percentage of fault

If a claimant is deemed to have been more than 50 percent negligent, they might recover nothing. A skilled personal injury lawyer in Evergreen Park may discuss this concept more in person.

Types of Personal Injury Claims

An injury could occur in many different scenarios. The most common types of personal injury claims include:

  • Animal bites or attacks
  • Automobile, truck, bicycle and motorcycle collisions
  • Occupational hazards
  • Medical errors
  • Wrongful death
  • Traumatic injuries
  • Property accidents
  • Abuse and neglect

Fortunately, when an injury occurs, a seasoned personal injury lawyer could hold the responsible parties accountable in court.

Product Liability

A dedicated attorney could also help with cases involving hazardous drugs and products. If a dangerous and defective product caused an individual to be injured, the retailer, distributor, and the manufacturer could be held liable for all damages.

Settlement Negotiations in Evergreen Park

To avoid the complications and challenges of a trial, both parties may decide to settle out of court. The plaintiff’s personal injury attorney and the defendant’s lawyer will negotiate the terms in order to resolve the conflict. Under some circumstances, the court may need to approve the settlement agreement, even though the injured party has already consented to the terms.

After accepting the settlement offer, an injured person must provide a release of liability to the defendant. Under 735 ILCS 5/2-230, once the injured claimant has delivered the release, the defendant has 30 days to tender all sums due to the plaintiff under the terms of the settlement.

Schedule a Consultation with an Evergreen Park Personal Injury Attorney

Regardless of how your accident occurred, an Evergreen Park personal injury lawyer could help you understand your legal rights and options. With the help of an experienced attorney, you may be eligible to recover compensation for your injuries. Call today to learn more about how an attorney could help your case.