Injuries suffered as the result of car accidents or medical malpractice can be serious and require years of treatment and therapy. If you have suffered devastating harm due to another’s negligence, you may be entitled to compensation for your loss. The injury attorneys at Leopold & Associates have assisted Chicago residents for more than three decades. We are dedicated to helping accident victims hold those who harmed them accountable for compensation.Assert Your Right to Compensation
If you have suffered any type of long-term, permanent, or otherwise life-altering harm as the result of another’s wrongful or careless actions, you generally have the right to bring a negligence claim against the party at fault. A few of the serious injuries that may arise from motor vehicle accidents or medical malpractice include brain injuries, high-degree burns, paralysis, amputation, spinal cord damage, and even a tragic loss of life.
In many situations, the negligence of another person or business is responsible for the harm that you or a loved one has suffered. Negligence is a legal term for the failure of a person to act with the level of care that an ordinarily prudent person would have exercised under the same circumstances. There are four legal elements that must be proven to establish a negligence claim and hold the defendant liable.
The defendant must have owed the victim a duty, which is specific to each case. The scope of this duty depends on the position, profession, or role of the defendant and the circumstances surrounding the defendant’s conduct. It must also be shown that the defendant breached that duty, or did not act according to the specific standard that was appropriate in the situation. For example, violating a traffic rule or failing to remove a sponge from a patient’s body likely would be considered a breach. The actions of the negligent party also must have been the cause of the victim’s injuries. This means that he or she would not have been hurt if the defendant had met the appropriate standard of care. It is then necessary to prove that the victim suffered actual damages due to the defendant’s actions.
Types of damages that may be available in negligence claims may include payment of past, present, and future medical bills and expenses for treatment related to your injury, lost wages or income, disfigurement and disability, pain and suffering, emotional distress, loss of consortium or loss of parental guidance, and in some cases punitive damages. However, the recovery of compensation is subject to the rules on comparative negligence. These rules vary by state. In Illinois, a victim who is more than 50 percent at fault for an accident generally cannot receive damages, while someone who is responsible to a lesser extent may be able to seek compensation. 735 Ill. Comp. Stat. Ann. 5/2-1116; Lebron v. Gottlieb Mem'l Hosp., 237 Ill. 2d 217 (2010); Ill. Pattern Jury Instr.-Civ. Damages 30.00-35.00 and comments.Discuss Your Options with a Chicago Lawyer after a Catastrophic Injury
If you need capable legal representation to help you pursue a motor vehicle accident or medical malpractice claim, the Chicago attorneys at Leopold & Associates have the resources and knowledge to meet your needs. We understand the law can be complicated and confusing and we are here to answer all of your questions. We represent injured individuals throughout Cook County, including in communities such as Des Plaines, Evanston, and Skokie. Our attorneys can listen to your situation and guide you through the legal process. Contact us by phone at (312) 781-6212 or online to set up an appointment.