A car crash, a slip and fall, an act of medical malpractice, or another unexpected accident may change a victim’s life forever in a matter of moments. In addition to the severe pain that an injured person may suffer, they may also shoulder a heavy financial burden because of the costs required for their treatment. When this happens, a victim or their family should consider pursuing a claim against the person or entity that caused the accident. McHenry County personal injury lawyer Robert H. Hanaford can represent Illinois residents who are facing these challenging situations.Assert Your Rights Through a Personal Injury Claim
Most cases that arise from an accident are based on the idea that the defendant acted carelessly. In legal terms, this concept is called negligence. A negligence claim requires showing that the defendant needed to meet a certain standard of care under the circumstances but failed to meet that standard and caused the victim’s injuries as a result. The standard of care depends on the specific situation in which the accident occurred. In general, however, each person or entity is expected to take reasonable precautions and avoid putting others at risk. For instance, drivers are expected to obey traffic rules, property owners are expected to address any hazards that arise on their premises, and doctors are expected to use diagnostic procedures and tests that a competent doctor in their specialty would use.
Once the plaintiff has shown that the defendant failed to use the appropriate care, they will need to prove the causation element of a negligence claim. This means that they would not have been hurt if the defendant had taken the appropriate precautions. It also must have been reasonably foreseeable that the defendant’s careless actions would lead to the accident in which the victim was injured. As with the other elements of a negligence claim, causation needs to be shown only by a preponderance of the evidence. This standard of proof is relatively lenient, requiring only that the plaintiff’s version of events is more likely than not to be true.
The final element of a negligence claim is known as damages, which may be both economic and noneconomic but must be reasonably quantifiable. McHenry County personal injury lawyer Robert H. Hanaford understands the importance of proving the full scope of the costs and losses that a victim has suffered. In many cases, an injured person may be able to obtain compensation for medical bills, the costs of future treatment, lost income, lost earning capacity, and property damage, in addition to less tangible forms of harm like pain and suffering, scarring and disfigurement, and lost enjoyment of life.
Some tragic accidents result in a needless loss of life. After a fatal accident, the victim’s family may have legal recourse through a survival action and a wrongful death claim. Through a survival action, which is technically filed by the victim’s estate, they may be able to obtain compensation for the costs associated with their loved one’s medical expenses prior to their death, as well as their burial expenses. A survival action is similar to the personal injury case that the victim would have been able to pursue if they had survived. Meanwhile, a wrongful death claim is designed to provide family members with compensation for the losses that they directly suffered because of their dependence on the victim in various areas of life. These damages may include loss of consortium, support, and parenting services, among other examples.Contact a Dedicated Personal Injury Lawyer in McHenry County
If you are dealing with the aftermath of a devastating accident or the loss of a loved one, you should not hesitate to seek legal guidance. There is a limited time period within which you must file your claim, and it is important to preserve as much evidence as possible soon after the accident. McHenry County personal injury attorney Robert H. Hanaford is ready to help you protect and assert your rights. He represents people who need a car accident lawyer or guidance in other personal injury claims in Crystal Lake, Algonquin, Cary, Lake in the Hills, Woodstock, McHenry, and Fox River Grove, among other McHenry County communities. He also can assist victims in many areas of Cook, Kane, and Lake Counties, including Arlington Heights, Palatine, Elgin, and Barrington. Call our office at 312-636-4807 or contact us online to set up a free consultation.
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian and Bicycle Accidents
- Other Vehicle Accidents
- Construction Injury
- Serious / Catastrophic Injuries
- Medical Malpractice
- Nursing Home Abuse & Neglect
- Product Liability
- Premises Liability
- Transportation Accidents
- Wrongful Death
- Work Injury
- Workers' Compensation