Marion Attorneys Skilled in Personal Injury and Wrongful Death Claims
After an accident, it can be stressful for a victim to deal with insurers and opposing parties. At the Prince Law Firm, our experienced Marion personal injury attorneys are aggressive and tenacious advocates for our clients. We handle many types of accident cases, such as those that arise from motor vehicle collisions, medical malpractice, defective or dangerous products, and slip and falls.
Personal Injury Lawsuits in Illinois
Most Illinois personal injury lawsuits are based on one or more parties' negligence. To establish negligence, a plaintiff must show that the defendant owed him or her a duty, which the defendant breached, and that the breach caused the plaintiff's injuries. A plaintiff must also establish actual damages. In motor vehicle collisions, for example, one or more drivers may have failed to use reasonable care while operating a car, truck, motorcycle, or bus. Similarly, medical professionals must meet the standard of care accepted by the medical professional community, and a failure to do so that causes injuries to a patient constitutes medical malpractice. A plaintiff who can establish negligence may be able to recover economic and noneconomic damages.
In some cases, however, a defendant may argue that the plaintiff was partially or fully to blame for an accident. Illinois follows the rule of modified comparative negligence, in which an accident victim may recover a reduced amount of damages for the injuries if he or she was less than 50% at fault for the accident.
In a slip and fall case, a plaintiff must prove that the defendant either created the hazard that caused the accident or that the property owner knew or reasonably should have known about the dangerous condition. Generally, the longer that a dangerous condition existed, the more likely it is a defendant should have known that it was there and repaired the problem or issued warnings to visitors about it.
Product liability cases are different from most car accident and medical malpractice cases in that you may be able to recover compensation on a strict liability theory. In order to prevail, you will need to establish that the product had a manufacturing, design, or marketing defect, the defect caused your injuries, and you incurred actual damages.
In Illinois, a wrongful death lawsuit may be brought whenever someone's death is caused by another person's wrongful act, fault, or neglect, and the victim could have brought a personal injury lawsuit for damages if he or she had survived. Only the personal representative of the decedent's estate may bring a wrongful death suit. The jury may award compensatory damages, including damages for the surviving spouse and next of kin's sorrow, grief, and mental suffering arising out of the untimely death.
Most Illinois employers are required to carry workers' compensation benefits. When an employee is injured on the job, he or she may be eligible for benefits paid by the employer's insurer. These benefits are his or her "exclusive remedy," meaning he or she may not also file a civil lawsuit for damages against the employer. Benefits may include temporary total disability benefits, permanent partial disability benefits, permanent total disability benefits, and medical benefits.
Consult an Experienced Personal Injury Lawyer in Marion or Beyond
At the Prince Law Firm, our Marion personal injury attorneys understand how difficult it may be to recover compensation after being involved in a devastating accident, and how important it is to have trustworthy legal representation. In many cases, insurance adjustors and attorneys for the other side will try to squeeze an admission out of an accident victim so that they can avoid paying the full amount of damages sustained by the victim. It is crucial to retain a personal injury or wrongful death attorney before speaking to them. We also represent people in Carbondale, Herrin, Harrisburg, Benton, Murphysboro, West Frankfort, and other communities throughout Williamson, Jackson, Alexander, Franklin, Hamilton, Hardin, Jefferson, and Johnson Counties. Contact us at (618) 997-2111 or via our online form to set up a free consultation.