What Types of Injuries Can Result in a Personal Injury Claim?
Almost any injury in which another party’s negligence caused you harm might qualify for a personal injury claim. What’s most important is our ability to prove the other party was negligent and was totally or at least primarily responsible for the accident or injury.
Generally, this depends on evidence such as witness statements, video or photos, electronic data, and more.
If we find evidence of the other party’s negligence, we will consider their insurance coverage. In most cases, there is some type of relevant insurance policy available—car insurance, homeowners insurance, renters insurance, business liability insurance, etc.
When another party is negligent but lacks sufficient insurance coverage, we may have to consider other options. Suing the at-fault party is a possibility, but if they don’t have any assets we can seize, it’s not a worthwhile endeavor.
Occasionally, we can pursue a claim against a third party, but only if they also contributed to the accident or injuries.
We caution you not to assume you know about every insurance policy or someone else’s finances. If you think another party is at fault for your injuries but have doubts about how to recover damages, please talk to a lawyer who can research the matter further.
Establishing negligence is the key to determining if you have a claim, but there are several common categories of personal injury cases:
Motor Vehicle Accidents
Motor vehicle accidents are one of the leading reasons for personal injury claims. However, this category extends far beyond standard car crashes, encompassing incidents involving motorcycles, trucks, bicycles, pedestrians, and more.
Disputes about fault are common, and while the police report includes “contributing factors” for the collision, it is not necessarily the final say on fault.
Typically, a police report has a long list of potential contributing factors, including infractions like speeding, running a red light, distracted driving, etc. These are often attributed to one of the drivers.
However, some factors, such as weather or road obstructions, are beyond either motorist’s control.
What happens if both drivers are assigned some contributing factors? Illinois uses modified comparative negligence statutes for personal injury cases, including car accidents.
A driver who is less than 50 percent at fault can still recover some of their damages, minus their share of fault.
The stumbling block in this situation is the insurance adjuster or adjusters, who decide the breakdown of responsibility. If they overestimate your culpability, you could lose a substantial portion of your damages, so an Orland Park car accident lawyer will carefully study the insurance adjuster’s decision on fault.
If the numbers seem inaccurate, we’ll build a strong case in your favor and negotiate for a recalculation.
Planes, Trains, Boats, and Other Transportation Incidents
Aside from road accidents, some transportation collisions occur on the rails, on the water, or in the sky. Others may happen off-road, involving an ATV, golf cart, or other low-speed vehicle.
Crashes involving planes and trains are not very common, but when they do occur, they are usually very deadly. However, this isn’t the only way to suffer an injury when flying or riding on a train.
A surprising number of people are injured on airplanes and trains due to simple mishaps like falling luggage, runaway drink carts, trip-and-fall accidents, and occasionally, assaults by other passengers. Depending on the reason for your injury, there could be several potentially liable parties, including the airline or railway company, a defective product manufacturer, or even the FAA.
Premises Liability
Premises liability is a term to describe a situation where you are injured on another party’s property due to their negligence. The last part is critical—you can’t file a claim against someone simply because you were hurt at their home or business.
However, you may have a case if we can show the following:
- An unreasonably hazardous or dangerous condition existed on the property. This can cover a wide range of situations, including puddles, items on pathways, loose or snagged carpets, poorly lit stairs, and more—and those are just slip/trip-and-fall hazards! But not every premises liability case is about falling. Other hazards might include toxic chemicals, an unsecured pool or other “attractive nuisance,” lack of security, failure to follow building codes, etc.
- The owner knew or should have known about this hazard. This generally refers to regular, appropriate maintenance. In the case of a business like a store, the owner does not have to be personally responsible. If their employees failed to address a hazard for an unreasonable period of time, the owner could be held liable. For instance, if the store manager does not check the aisles or ask another employee to check them regularly, they might be unaware of a spilled drink that should be cleaned up. If a customer slips and falls, the store may be negligent.
- This hazard caused your injuries. For example, you slipped and fell because of the spilled drink, breaking your arm and straining your back.
- You suffered damages from your injuries. Damages may include medical bills, lost income or earning potential, noneconomic damages like pain and suffering, property damage, and more.
- You were legally on the property.
Daycare and Nursing Home Injuries
The Illinois Department of Children and Family Services (DCFS) reports there were 95 serious injuries at state daycare centers in the past fiscal year. Of course, not every injury is preventable—sometimes, children get hurt in ways that couldn’t be anticipated.
However, daycare centers have a responsibility to maintain a reasonably safe environment for their charges. If they fail to do so, kids can be hurt unnecessarily. Here are some of the most common incidents we see:
- Falls from playground equipment
- Exposure to toxic chemicals or accidental ingestion of toxic substances
- Items falling onto a small child from above (usually from a desk or table)
- Injuries from defective toys or equipment that was recalled but not removed from the daycare
- Car accident injuries worsened by an expired car seat
- Burns from heaters or equipment such as bottle warmers
- Lacerations from scissors or sharp objects
If your child has suffered a serious injury at daycare, you may have concerns. It’s hard to know what happened or if the injury could have been prevented.
One possible first step to gaining more information is to access the center’s video records if these are made available to parents.
If not, ask for more details in a polite, non-confrontational way. We understand you’re probably upset, but if the daycare staff think you blame them, they may stonewall further efforts to learn what happened.
Once you’ve discovered all you can, your next step should be to speak with a personal injury lawyer about your options.
Nursing homes care for our elderly or disabled loved ones who cannot live alone. Unfortunately, if the facility is understaffed or poorly managed, your loved one could spend a lot of time alone—and they may even be neglected.
Bedsores are a common sign of neglect, forming when nursing home staff fail to turn a patient regularly. If your loved one has developed bedsores, we recommend contacting an attorney as soon as possible.
Here are some other signs of abuse and neglect to watch out for if your family member resides in a nursing home:
- Unexplained bruises
- Any new injury, as these are sometimes caused by a lack of supervision or assistance
- Mood or behavior changes
- Unhygienic conditions in their room or the facility at large
- Sudden changes in your family member’s finances or spending habits
- Broken mobility aids
- Signs your loved one was restrained, such as marks on the wrists
- Failing to bathe or dress the patient properly for the weather
- Unexplained weight loss or other signs your family member isn’t getting enough to eat or drink
If you notice any of these signs, again, it’s important not to accuse the staff of anything—this could worsen the situation for your family member. Instead, start spending more time with your loved one.
Ideally, try to visit at random times so the staff doesn’t know when to expect you. Document any injuries or incidents with photos and detailed notes about what happened, and speak with a personal injury lawyer about your concerns.
Workplace Accidents
These are typically handled as Worker’s Compensation cases rather than personal injury claims. Although Worker’s Compensation is a “no-fault” system, there are many other potential pitfalls that can get in the way of recovering the settlement you deserve.
Fortunately, an experienced personal injury lawyer can assist you with Worker’s Comp claims as well. If your claim has been denied or you are just starting, we can answer your questions and help you pursue your benefits.
Where Can You Get Assistance From an Orland Park Personal Injury Law Firm?
If you or someone you care about has been injured because of another party’s negligence, please contact The Personal Injury Lawyers™ for a complimentary consultation. Our skilled legal team is prepared to evaluate your case, conduct any necessary investigations, and outline your available options.
There’s no obligation to proceed, but if you decide to work with us, you won’t pay any fees unless we successfully resolve your case through a settlement or verdict. Contact us today at 312-999-9990.
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