What Factors Determine if I Get Compensated for Injuries?

 Posted on May 26,2024 in Personal Injury Lawsuits

There are an almost limitless number of ways to get injured. Some people get injured simply by walking down the street and tripping on a poorly maintained sidewalk. Children suffer injuries from climbing on broken jungle gyms. Employees get hurt on the job. Drivers get severely injured from accidents triggered by any number of causes.

In all of these personal injury cases, the question remains the same: can the victim sue for damages? This question is best answered by a qualified Illinois personal injury lawyer because there are several factors involved. This article will discuss some of the factors that determine whether an injury victim can be compensated and how much he or she can receive.

How Bad Is the Injury?

The first factor that will determine your compensation is the extent of your injury. Some injuries are more severe than others. Catastrophic injuries, for example, damage the victim’s quality of life and can permanently affect the ability to work. Someone who suffers a catastrophic injury usually has:

• Expensive medical bills

• Missed work and lost wages

• A disability

• Suffered emotional distress

These kinds of damages, if they are compensated, typically earn the highest payout.

Is There Property Damage?

In some personal injury cases, the victim has also suffered damage to his or her property. A driver who was injured in a car accident, for instance, probably also sustained damage to his or her vehicle as well. In these cases, the property may be included in the damages that are claimed by the victim.

How Liable Is the Other Party?

Liability is the other main factor that will determine if and how much you are compensated for an injury. Who is responsible for the injury? If you want to place that responsibility on another party and seek damages, you need to claim that party was negligent. This means that the other party did not take a reasonable degree of care to avoid causing the injury.

Are You Liable?

You may be able to prove another party was negligent, but that party may try to prove the same about you. Under Illinois’ comparative negligence law, if the victim is at least 50 percent negligent — meaning the injury was at least half his or her fault — then he or she cannot bring a claim. If, for example, you were injured in a car accident because the other driver was texting while driving, but you were also texting while driving, you may not be able to claim damages.

If the victim is less than 50 percent negligent, then he or she can bring a claim. However, the amount of compensation will be lessened by the percentage of negligence he or she is responsible for.

Consult a Lake County, Illinois Personal Injury Lawyer

There is no formula that guarantees compensation for a personal injury. Each case has specific factors that determine whether the victim is eligible for compensation. Without the right Waukegan, Illinois personal injury attorney, however, some of these factors can be missed.

At Salvi & Maher, LLP, we do not miss details. We have recovered over $300 million for our clients and we have over 85 years of combined legal experience. If there are elements of your case that can help you get more compensation, we will find them. Call 847-662-3303 for a free consultation and to start building your case today.