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Settlements for car accident cases involving traumatic brain injuries (TBIs) tend to be higher due to the extensive medical care needed, income loss, emotional toll the injuries have on victims, and long-lasting effects that victims may face. The higher compensation amounts for car accidents and traumatic brain injuries reflect the considerable health and financial consequences of these injuries.
Comparative negligence determines how fault is shared among the parties in an accident. Illinois follows a comparative negligence standard known as modified comparative negligence, which determines whether you can recover compensation after a car accident and how much you can recover, based on your assigned percentage of fault. Understanding how comparative negligence works and its implications is key to protecting your rights and maximizing compensation.
Minor car accidents can still lead to major injuries in Chicago because your body isn’t designed to handle even the sudden jolt of a low-impact collision. The forces involved in minor crashes can make your body move in unnatural ways that cause severe injuries, especially if you weren’t braced for the impact. Insurance companies often downplay these injuries. Understanding why and how injuries occur in low-speed crashes can help ensure you protect your health and legal rights.
If you were injured in a trucking accident in Chicago, Berwyn, Oak Lawn, Cicero, or a nearby community, call the injury attorneys at Lloyd Miller Law for a free consultation.
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Chicago car accident attorneys are likely going to attempt to reach a settlement with the insurance company before going to court. The majority of car accident lawsuits are settled out of court. However, if the insurance company refuses to offer a reasonable settlement, or if they have decided to argue fault for the accident, you could find yourself going to court.
Insurance companies try to minimize accident claims as a basic business practice. Reputable insurance companies do need to ensure that they are following the laws, however. There are several common reasons why an insurance company will deny a claim in good faith.
Preparing for a car accident claim can be as simple as providing police reports and medical records from the post-accident care you’ve received. It can also become quite complicated, depending on the circumstances of the accident and how difficult the insurance company has decided to be in defending its profits. Chicago car accident attorneys will be able to give you the best possible chance of receiving a settlement that comes close to making you whole financially.
Like any personal injury lawsuit, you’ll first need to prove that another person or business entity is responsible for your injuries and was negligent. Where a case becomes more complicated for a self-employed person is in the calculation of lost wages. If you work for someone else, either as an hourly or salaried employee, it is rather straightforward to calculate how many hours or days of work you lost due to your injuries and provide a letter stating what regular compensation and bonuses, commissions, or other forms of compensation you missed out on. You can also include any sick, vacation, or bonus days you had to use during your hospitalization and recovery. If you are self-employed, the process becomes more complicated.
Per se negligence laws are a useful tool in a lawsuit when evidence of negligence is harder to acquire. If you are trying to win a slip and fall settlement, for example, your attorney will likely approach the case in a manner that fits a standard negligence case. However, if you’ve been hit by a drunk driver or otherwise injured in a car accident by someone who violated traffic laws and was cited in the process, you may be able to use negligence per se laws to sue for damages due to the injuries you sustained.
Negligence and causation are the primary grounds to sue for emotional trauma under Illinois law. Negligence means that you suffered mentally due to the failure of the other party to perform his or her duty. Causation implies that the negligence or intention of the other party caused your mental suffering.
The value of pedestrian accident claims can vary significantly because each case is unique and different factors are considered. The amount also varies greatly depending on whether the injured person accepts the initial settlement offer from the insurance company or takes the matter to court.