Naperville Personal Injury Lawyers
Personal injury lawsuits can be complicated and highly contested legal situations when the claim is not necessarily obvious with clear responsibilities of the opposing respondent. But, regardless of inherent complexities regarding difficulty to receive compensation, personal injury claims can still be prosecuted successfully in a court of law when the plaintiff legal counsel demonstrates the respondent is negligent in a reasonable duty of care based on the facts of the case. While all personal injury claims are centered on negligence, the first step is always to establish that an injury occurred to the plaintiff and that the opposing party is responsible. This can be indirect as well as direct responsibility, and it is especially important in states like Illinois that implement modified comparative negligence law. The potential problems in establishing responsibility on the part of the respondent means that it is always necessary to have an experienced Naperville personal injury lawyer representing your case.
Type of Injury and Case Facts Matter
Most personal injury claims will fall into two categories of premises liability or auto accident liability. The general method of establishing an injury occurred to the plaintiff is similar, but auto accidents are always recontructed and evaluated according to the behavior of each driver. This means that passengers in a vehicle who suffer injuries usually have little comparative fault assignment. However, responsibility for the damages resulting from a passenger injury can be a complicated separate issue in a claim involving several drivers. Premises liability cases are determined in a similar fashion, but accident victims or those injured by attack are still assessed for personal assumption of risk regarding their behavior and contribution to causing the injury. Auto accident injury claims by drivers are reduced by the percentage of contribution they have in causation of the accident. And, this is a vital assessment in Illinois because the percentage threshold for a personal injury damage allowance is 51%, which is exactly the issue the defending insurance company legal team will want to stress. Accidents involving trucks are very complicated and well defended too, and many times both the driver and company will be liable. And, both respondents will have legal teams. This means that the injured plaintiffs also need a Naperville personal injury lawyer who is willing to fight for a reduction in their client’s comparative negligence rating, even if it means taking the case to a full trial.
Claim Negotiation and Legal Recourse
Most personal injuries begin as standard insurance claims unless the injured plaintiff is very seriously injured. Insurance companies will often take time to conduct a thorough investigation into personal injuries that may be catastrophic, and will still take some time evaluating even obvious and simple injury claims. They pay special attention to this detail in Illinois because of the low comparative negligence percentage for a plaintiff that bars any compensation from being paid. Regardless of how bad an accident was, insurance companies are in business for profit and many of them are bad faith operators, especially the bigger companies. They have the resources to defend a claim vigorously and regularly will do exactly that when they think they can prove the 51% comparative negligence claim. These cases are usually the ones that go to court to a jury trial. It is always very important to have an experienced Naperville trial lawyer handling your case because they are trained professional negotiators just like claims adjusters and corporate attorneys and understand when the insurance provider is acting in bad faith, which could result in an additional legal claim separate from the personal injury issue. When the insurance companies and other defendants want to control the legal proceedings, your personal injury attorney can ensure that all rights to whole financial recovery are respected and enforced.
Types of Damages Available
Most personal injury cases only include compensatory pecuniary damages that are general standards in injury claims. Financial recovery for medical bills and lost wages due to the injury are common, which can easily come to a considerable sum. But, the highest amount of damages will usually come from non-economic pain and suffering damages that are calculated by the jury in many instances. This is especially true when the plaintiff attorney thinks they can prove gross negligence that could result in punitive damage awards as well. Punitive damages are only assessed by a jury, but no respondent or their insurance company wants this outcome, especially in situations when there are attachable assets and the insurance protection is extensive in effort to protect personal wealth. This is a regular component of a claim against a trucking company that may be guilty of disregarding big-rig truck rules and regulations or the accident occurred due to a product malfunction, which is an additional liability claim. The amount of insurance coverage for the defendant can matter greatly, but the negligent party can also be pursued for damages when they have a significant level of assets, which can enhance the value of any personal injury claim.
It is never a good decision to attempt dealing with an insurance company or handling a personal injury claim without legal counsel. The claim could be much more valuable than a novice accident victim understands, especially when there are multiple negligent actors involved. Some cases are particularly egregious and punitive damage awards are a real possibility when an accident occurred due to drunk driving or a property owner who has been grossly negligent in failing to meet the the legal standard for reasonable duty of care. Naperville personal injury lawyers will always conduct a full investigation into your personal injury claim and advise on potential damages that may be available based on valid material case evidence.