Accident Lawsuits in Chicago

Common Misconceptions about Lawsuits

The Chicago accident law firm, Allegretti and Associates, reveals various little known facts about accident injury lawsuits and some common misconceptions.

Level of Proof

In a personal injury lawsuit, in order for the plaintiff to receive compensation from the defendant, it must be proved that the defendant’s actions caused the plaintiffs injuries.  The level of proof required is not the same as in a criminal case when blame must be “beyond a reasonable doubt.”  In a civil accident lawsuit, it is only necessary to prove that the defendant was more than likely to blame for the plaintiff’s injuries for the plaintiff to be awarded compensation.

Comparative Fault

Another misconception in accident lawsuits involves comparative blame, and can mean that if you were partially to blame for causing your injuries; your compensation for injuries is limited by your degree of fault in the incident.  If you were more than 50% at fault for your injuries, than Illinois law prohibits you collecting any compensation for your losses.

Vicarious Liability

This type of liability occurs when a person is held liable for another person’s action, such as a when a parent is held liable for the conduct of their child or an employer is held responsible for the actions of an employee.  A vicarious liability may also occur when you lend your car to another person.

Pre-existing Conditions

Many of us don’t realize that it is possible to receive compensation for losses in an accident case even if you have pre-existing condition.  Sometimes an accident causes injuries that exacerbate a previous condition, making a bad situation worse.  It is possible to sue for your losses in an injury lawsuit as long as you can prove that your condition was made worse by an accident.
 
Good Samaritan

In the state of Illinois, if you cause injury to a person in an attempt to help them, you may be liable for that injury and subject to an assault lawsuit. Illinois citizens are not expected to render aid to injured individuals and may decide wait for emergency medical help rather than take the chance of causing more harm to the injured victim. In Illinois, police and firemen are protected from liability if there actions cause harm to someone they are attempting to help.

Filing an accident lawsuit in Chicago should be done by a law firm which practices accident litigation on a daily basis.  That's what we do at Allegretti and Associates.  Call us at 866-745-1531, or complete our web form.