Car accidents can be traumatic events that result in severe and life-threatening injuries to your spinal cord, brain functioning, or internal organs. Sustaining these injuries can dramatically affect your daily life and leave you with unmanageable medical expenses.
Proving the extent of your damages and the amount of compensation you are entitled to in a car accident case can be difficult, particularly when multiple parties are involved. A Palatine car accident lawyer from The Kryder Law Group could analyze your case and request the full amount of financial recovery you are entitled to when working with insurance companies or arguing before a judge. Reach out to one of our dedicated personal injury attorneys today to get started.
Elements of Recovery for a Car Crash in Palatine
Car accident lawsuits are often pursued under a theory of liability known as negligence. Negligence is a broad area of the law that holds people accountable for exercising reasonable care in their actions toward others.
A negligence case based on injuries sustained in a car accident will generally require you to prove four basic elements. A knowledgeable Palatine car accident attorney could help you understand what you might need to prove to establish each of these elements in your case.
The first thing a proactive lawyer must establish in a negligence case is that the responsible party owed the injured party a duty of care. The specific standard can vary depending upon the responsible party, but, as a general rule, all motorists on the roads in Palatine owe others a duty to act reasonably and obey traffic laws.
Once an attorney shows that the defendant party had a duty, they must then show that the party failed to live up to that duty. This is known in the law as a breach of duty. The responsible party breaches their duty when they do not act reasonably under the circumstances, such as when they are texting while driving.
Even if the defendant party breached their duty of care, a skilled car crash lawyer in Palatine must still prove that that breach caused your injuries. This element could prove legally complex if competing circumstances contributed to the accident. If your diligent attorney can show that the defendant driver caused your injuries, the last step is to show proof of your damages, which is often accomplished through medical bills and testimony regarding the injuries.
Comparative Negligence in a Palatine Auto Collision
Illinois has enacted laws regarding the recovery of damages that can prove convoluted in cases that involve multiple at-fault parties. In particular, Illinois has adopted what is known as a modified comparative negligence rule. This rule states that if you—as the plaintiff in the case—contributed to the accident, the amount of damages available to you must be reduced proportionately to your fault.
For example, if you were injured in a motor vehicle crash worth $100,000, and the court finds that you were 40 percent at fault for the accident, you would only be able to recover $60,000. However, if the court finds that you were 51 percent or more at fault for the wreck, you will be barred from recovering any compensation. An experienced auto accident attorney in Palatine could help you sort through which parties are likely to be attributed fault in any given accident and how much you might be able to recover.
Contact a Palatine Car Accident Attorney Today for Legal Guidance
While sustaining injuries in a car accident is a relatively common event, the legal ramifications of your collision can quickly become muddied and complex. It can be difficult to establish exactly who caused the wreck and how much they might be at fault.
A Palatine car accident lawyer could help you navigate these challenges and ensure that you are requesting the full amount that you are entitled to receive for your injuries. Schedule a consultation with The Kryder Law Group today for more information on what your specific case might be worth.