Understanding the Accident Litigation in Chicago

Chicago Workers Compensation Settlement, Trucking Accident and Wrongful Death Claims

Any time you are hurt due to another’s negligence or recklessness, you may pursue compensation for your losses in a personal injury litigation suit.  Accident litigation is not confined to automobile or vehicle accidents, and may result from property losses as well as bodily injuries and emotional pain and suffering.  No matter the type of accident, you may be able to recover losses from a negligent party.  This is true even for injured workers who are covered under worker’s compensation benefits.  Certain circumstances exist when an injured worker may pursue recovery for their losses a civil accident litigation case.  At Allegretti and Associates, our depth of experience representing victims of accidents make us the perfect representative for your lawsuit.

Tort Liability

The state of Illinois follows a tort law liability system. Accident litigation in Chicago is governed under tort laws, which are laws that pertain to the wrongdoing of one person against another and the compensation for losses that arise from the wrongful acts. In personal injury accident initiation a person that is attempting to recover their losses (the plaintiff), brings a suit against the person who caused the injury or damages (the defendant).   Accident litigation that occurs as part of a civil personal injury law suit is separate from criminal law suits; the defendant, if found liable, is required to pay compensation to the plaintiff, but is not punished by the state.  Sometimes a defendant is required to pay damages beyond the basic financial losses, as in cases that award damages for pain and suffering.

Understanding Vehicle Accident Litigation in Chicago

Under the tort system of liability, the establishment of fault is essential to the recovery of losses resulting from an accident.  The at fault party’s insurance company will have to pay compensation to the injured person.  Illinois drivers are required to carry a minimum of $20,000 bodily injury liability per person, and $40,000 per accident, and a property damage liability of $15,000 in their automobile insurance coverage.  Drivers who fail to obtain the minimum coverage are subject to fines and are personally liable for damages that result from automobile accidents for which they are at fault.

Comparative Fault

The value of your compensation for losses accrued in an accident may be reduced when you are partially at fault for your accident injuries.  The amount of the damages awarded will be decreased by the degree of fault you had in the accident.  If you are 50% or more to blame for the accident than you will receive no compensation.

Proving a party to be at fault or negligent is central in the accident litigation process.  In some accident cases, fault is difficult to establish and there may be multiple sources of blame. Our experienced accident attorneys at Allegretti and Associates can sort through the details in an accident and get to the heart of the causes to identify all possible defendants in your case.  Call us at 866-745-1531, or submit our quick contact web form.