A serious accident can cause chaos in every part of your life. Aside from the emotional pain and suffering it can cause, a serious injury may prevent you from returning back to work or enjoying life the way you did before your injury.
Lost wages and outstanding medical bills can have a major impact on you and your family’s finances. Moreover, many insurance companies can make dealing with the accident much more stressful than it should be by withholding information that is crucial for your case.
All these risks and concerns are exactly what skilled personal injury attorneys specialize in handling. An experienced DuPage County personal injury lawyer could evaluate your case and aggressively pursue the compensation to which you may be entitled.
In many personal injury cases, the victims who suffered harm must prove negligence by another party in order to establish fault for the underlying accident. Negligence may be best explained through an illustration of some key elements that go into any negligence claim: duty of care and the breach of that duty.
“Duty of care” is a legal term for the obligation an individual has to avoid causing injury or harm to another. If a plaintiff is filing a claim, the first step in proving that the defendant acted negligently is to establish that the defendant had a duty of care in the situation that gave rise to the injury sustained.
The plaintiff may be required to show exactly how the defendant failed to meet that duty—in other words, how their conduct worked to breach the duty of care. Once this breach is proven in court, the last step in proving negligence requires the plaintiff to prove the defendant’s negligence was the direct cause of the injuries they sustained from the accident.
For the plaintiff to demonstrate a breach of care, there needs to be reasonable proof showing that the actions taken or not taken by the defendant failed to meet the level of reasonable care under the circumstances. The “appropriate” standard of care in a given situation may depend on the individual facts of the case.
For instance, according to Illinois vehicle code, a motorist always has a legal duty to operate their motor vehicle with reasonable care. This includes taking into consideration factors like weather, traffic conditions, and visibility.
Furthermore, the Illinois state legislature has enacted traffic and vehicle codes designed to identify drivers’ legal obligations in certain situations and prohibit malicious conduct while on the road. If a driver violates one of Illinois’ state driving laws and subsequently causes an accident, the driver would be considered to have breached their duty of care to other motorists, passengers, and pedestrians.
This concept—negligence based on violation of the law—can also be referred to as negligence per se. A DuPage County personal injury lawyer could help you determine whether this concept may apply to your particular case.
The deadline to file a civil lawsuit in an Illinois court is two years from the date of the accident. If more than two years have passed since the underlying accident but the plaintiff attempts to file a lawsuit regardless, the defendant may file a “motion to dismiss”, and the court may summarily dismiss the case. In short, time is of the essence for most personal injury cases.
After a personal injury, victims may suffer an array of setbacks both financial and physical in nature. If you were involved in a serious accident that you suspect was the result of negligence, you may be entitled to file a lawsuit against the responsible party.
An experienced DuPage County personal injury lawyer could help relieve the stress of dealing with the complexities of a lawsuit, so you could focus on recovering and getting back into the flow of life. Schedule a consultation today to get started on your case.