Personal Injury: Thinking Beyond Accidents
So far, we’ve mainly discussed accidents, possibly bringing to mind car crashes, boating incidents, slip-and-fall situations, and other sudden calamities. However, it’s important to note that negligence can happen in other situations and may not always be a sudden, one-time occurrence.
For example, a defective medication might cause organ damage if taken over months or even years. Or, a worker who performs the same movements every day on a factory line could develop a repetitive motion injury like carpal tunnel syndrome.
In the latter case, the worker would most likely have a Worker’s Compensation claim rather than a personal injury case, but a personal injury lawyer can also assist you with Worker’s Comp claims.
Dog bites make up another category of injury that you may not always think of as an accident but that can be caused by another party’s negligence. Illinois has strict liability for dog owners when the dog bites and injures someone.
As a result, you don’t have to prove the owner was negligent (although they might be), but you do have to show the following:
- The dog attacked and injured you. Always seek medical attention immediately after a dog bite (or any other injury). This not only ensures you receive prompt treatment but also documents the injury.
- You were “peacefully conducting yourself” and did not “provoke” the dog. This generally means that you didn’t yell at, taunt, or hit the dog or have an altercation with the dog’s owner.
- You were lawfully on the premises. In other words, you weren’t trespassing.
Personal Injury and Criminal or Intentional Acts
While personal injury cases are usually based on negligence, we sometimes see cases involving intentional acts, including crimes. However, in many cases, it is easier to prove negligence than a crime because the burden of proof is lower in civil cases.
For this reason, some people who feel they did not get justice through the criminal court system may consider a civil claim.
In some intentional or criminal acts, there may also be other negligent parties besides the person who caused your injuries. For example, if you are assaulted in a public place like a store, parking lot, or another business, obviously, the person who assaulted you is at fault and should be held responsible.
However, there are several reasons this might not happen:
- No one is ever arrested, and the assailant remains unknown. Sadly, many crimes go unsolved due to lack of evidence. Unfortunately, we can’t file a civil claim if we can’t identify the perpetrator.
- Sometimes, the assailant avoids conviction or even being charged. Again, this is usually because the prosecutor doesn’t have enough evidence to get a conviction. Prosecutors have limited resources and must focus on cases in which they have a good chance of winning.
As discussed earlier, it is sometimes possible to sue a known assailant in civil court even if there isn’t enough evidence for a criminal conviction. However, this is only a good option if the perpetrator can afford to pay the judgment.
Otherwise, it would waste your time and court costs, and you wouldn’t be any closer to recovering your damages.
In these cases, your personal injury lawyer will consider if there are other options. Sometimes, the owner of the property may have been negligent.
Businesses and other organizations open to the public have a duty of care to maintain a relatively safe and secure space for customers or guests. That does not mean that a crime occurring on the property is always the owner’s fault, but we will look into their security and safety measures.
For example, if we find the organization’s security measures were insufficient for the situation—particularly if similar crimes or incidents had occurred there in the past and no changes were made—you might have a claim against the property owner for negligent security.
Could You Be Negligent, Too?
One common reason that people don’t pursue a personal injury claim is that they blame themselves. They might think, “Well, I shouldn’t have been walking so fast. If I’d paid more attention, I would have seen that puddle on the floor.”
Most of us want to take responsibility for our actions, and it’s natural to wonder if you played a role in your injury. However, if you think someone else might have also been at fault, we advise you to consult an attorney for several reasons:
- You could be wrong. Frequently, we meet people who unfairly blame themselves for their injuries.
- You might only be partially at fault. More than one party can be negligent in an accident or injury. Maybe you made a mistake or could have been more careful in a particular situation. Does that change the fact that the other party was also negligent? No.
In shared fault cases, Illinois uses modified comparative negligence statutes with a 50 percent “bar to recovery.” That means you can still recover damages if you are less than 50 percent at fault.
Your share of responsibility will be deducted from your final settlement, so if you are 25 percent at fault, you could recover 75 percent of your damages.
How Much Is a Fair Settlement for Your Injuries?
This question can best be answered by discussing the details of your case with your attorney. Settlements vary widely based on several factors:
- Your economic and non-economic damages. We’ll talk more about these in the next section. It’s not unusual for the insurance company to undervalue some damages or overlook others completely.
- Shared fault. We’ll work to ensure the insurance company doesn’t overestimate your level of fault or attribute responsibility to you unfairly, but if you do have some fault, your final settlement will be lower.
- The insurance company’s willingness to negotiate. We always work hard to get you the best settlement possible, but sometimes, the insurance adjuster is less willing to reach an equitable agreement. They may feel strongly that you have more fault than you do or that your damages are not worth as much as we estimate.
What Damages Are Available in a Personal Injury Case?
Your lawyer will review your injuries and help you determine the value of the following damages:
- Medical expenses and associated costs: From surgeries and prescriptions to physical therapy and mobility aids, healthcare expenses add up quickly. To expedite the process of proving your costs, it’s crucial to keep all bills, receipts, and documentation, including those for out-of-pocket expenses like at-home therapy equipment.
- Loss of income and earning potential: We’ll review the time you missed at work to determine your lost wages—you may even be entitled to compensation for the value of PTO that you used. If your injury has caused a permanent disability, you might also have a claim for reduced earning capacity—whether you’re unable to work entirely or had to take a less demanding, lower-paying role.
- Damage to personal property: Injuries often happen at the same time as damage to belongings, such as your vehicle in a car accident or personal items like a phone or laptop. We’ll seek compensation for repair or replacement costs.
- Physical and emotional suffering: Compensation may include not just physical pain but also mental or emotional distress and other non-economic impacts of your injury.
- Compensation for wrongful death: If a loved one’s life was tragically ended due to negligence, damages could cover final medical bills, funeral and burial expenses, loss of companionship, and the financial support they would have provided in the coming years.
- Punitive damages: These extra damages are designed to penalize the responsible party for egregious behavior, such as gross negligence or intentional malice. While not applicable to most cases, we will pursue them if your situation meets the strict legal criteria.
It is challenging for the average person to know how much compensation they deserve for any of these individual categories, let alone the total value of their claim. Many people are surprised by how much we estimate their claim to be worth after valuing each category.
For this reason, we encourage you to consult an attorney to learn the true extent of your losses and how to recover them.
How Can You Get Help With Your Claim From a Palatine Personal Injury Law Firm?
The Personal Injury Lawyers™ team is dedicated to addressing your concerns, exploring your legal options, and securing the most favorable outcome for your injury case. Established by attorney Robert S. Fakhouri, our team tirelessly advocates for injured individuals and their families, achieving millions of dollars in recoveries.
Please reach out to us at 312-999-9990 for a free consultation to discuss your situation. There is no obligation, and if we take your case, you won’t owe us anything until we win or settle it.
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