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However, you always have the option to file a lawsuit without even exploring the claims route. The choice is up to you, working with your lawyer. The damages principle in a personal injury case is also the same, no matter what type of case it is. If you can prove that someone else was negligent, they must pay you for everything you have suffered. Economic damages - These pay you for your financial damages. These cover things like lost wages, property damages, and all of the costs of medical expenses. Even though these seem straightforward, there is room for significant disagreement when the insurance company tries to estimate what they think you deserve. Non-economic damages - These damages use the money to estimate how you have suffered and what you have lost in your life since your injury. The type of non-economic damage that everyone knows about is pain and suffering. In addition, you can recover damages for things like emotional trauma and loss of enjoyment of life.
The only danger is that you try to handle matters on your own and end up being one in a long line of people on whom the insurance company has imposed their will in the name of profits. Your call to an attorney is one you cannot afford to delay. If you are injured in a car accident, you may be able to recover damages in a personal injury lawsuit. Drivers can breach the duty to use reasonable care while operating their cars in many different ways, including speeding, texting, drunk driving, fatigued driving, and tailgating. In Illinois, drivers only need to carry $25,000 in liability insurance for the injury or death of an individual, and medical bills are often far higher. Sometimes drivers are operating their cars on the road without the required insurance. When an uninsured or underinsured driver causes an accident, you can turn to your own uninsured and underinsured motorist coverage.
Instead, Illinois’s negligence case law and statutes have evolved.For almost all of these cases, an insurance company or jury will use the same test to determine whether someone else should pay for your injuries. Whether you slipped on a wet spot in a store or were injured in a T-bone crash by a car that ran a red light, the legal test is always negligence. There is no one law on the books that says what negligence is. Instead, Illinois’s negligence case law and statutes have evolved. The other party owes you a duty of care - someone does not need to know you to owe you a duty to use reasonable care. A driver who passes by you on the highway you will never meet in your entire life owes you a duty of care because you are close to them on the road. When a commercial business opens its doors, it must provide a reasonably safe premises. The defendant breached the duty of care - the defendant is expected to act reasonably under the circumstances.
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When you put a loved one in a nursing home, you trust that they will be given care and attention. In Illinois, nursing home residents are protected by both federal and state laws. Under the Illinois Nursing Home Care Act, residents have rights such as the right to complain, the right to choose their doctor, the right to be informed of possible consequences of medical treatment, the right to be free of physical restraints, and the right of freedom of communication, among others. If a nursing home fails to uphold its residents’ rights, it can be liable civilly and criminally. Some warning signs of nursing home abuse or neglect include bedsores, personality changes, withdrawal, unexplained fractures, and bruises. Sexual abuse can have significant effects, particularly on a child. Sometimes these effects are permanent. It is important to retain an experienced personal injury lawyer in the Chicago area to pursue compensation after suffering sexual abuse by an authority figure, whether that authority figure is a clergy member, teacher, staff member, caregiver, coach, or even a family member.