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If someone else causes an accident that injures you, one of the first things you will probably wonder is whether you can get financial compensation through a personal injury claim. Many kinds of accidents may make you eligible, but specific criteria must be met. How do you know if you qualify? Can you estimate how much compensation you might get? You can find out those answers and more by scheduling your free consultation with one of our highly qualified Aurora personal injury lawyers at Kinnally Flaherty Krentz Loran Hodge & Masur P.C..
Most personal injury claims are based on the legal concept of negligence. This term refers to someone failing to act like another reasonable person would in the same situation, either by action or omission. If you can prove that the party who caused your accident was negligent, you may be able to obtain compensation. You will need evidence proving that:
Someone owed you a duty of care.
That party failed to meet their duty of care.
You suffered injuries as a direct result of this failure.
Your injuries led to damages, such as financial losses or impacts on your quality of life.
"Duty of care" is another term you need to understand. It is a legal obligation that someone has to use reasonable care to avoid harming others. This duty differs depending on the type of case you have.
Various circumstances can make you eligible to file a personal injury claim. Frequent cases and applicable duties of care include:
Auto accidents, including truck accidents: Drivers must follow safe driving practices.
Medical malpractice, including nursing home abuse or neglect: Healthcare professionals and facilities must uphold specific standards of care.
Premises liability cases, such as slip and fall accidents: Responsible parties must maintain safe premises for invited guests.
Product liability: Manufacturers and distributors must provide safe products that function as expected when used properly.
Construction accidents: Various parties, such as contractors and site managers, must follow multiple safety regulations to avoid harming workers and passersby.
You might qualify for compensation even if your injury or illness was not caused by these kinds of situations. An award-winning attorney from Kinnally Flaherty Krentz Loran Hodge & Masur P.C. can discuss the details of your case and tell you if you are eligible to receive compensation.
More than one party often contributes to causing accidents. Every state has negligence laws to govern these situations. Illinois uses modified comparative negligence. As long as you are under 51 percent responsible, you can obtain compensation from other at-fault parties. However, the amount you may receive is reduced by your percentage of fault.
For example, suppose you are 25 percent responsible for causing a car accident and your damages total $100,000. You can still receive compensation, but the maximum amount would be $75,000.
Liable insurance companies often try to manipulate your fault because it decreases your payout. If insurers blame you unfairly for 51 percent or more of the fault, you would be ineligible to receive any compensation. This is where working with an experienced personal injury attorney is vital. We will be sure that your degree of fault is accurate to preserve your right to maximum compensation for your injuries and other losses.
Kinnally Flaherty Krentz Loran Hodge & Masur P.C. is home to several Leading Lawyers and Super Lawyers, meaning that other attorneys consider us to be in the top five percent of lawyers in Illinois. Our track record of handling cases successfully backs that up. Call us at 630-907-0909 today to schedule your free consultation with our Aurora, IL personal injury attorneys. We serve many areas in Northern Illinois. Se habla espanol.
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2114 Deerpath Road, Aurora, IL 60506 630-907-0909
