For many people, driving on the highway is part of a daily commute or their routine of errands. While all auto accidents are scary, highway accidents are among some of the most dangerous kinds of crashes, and they often result in horrific injuries or even death for some victims. If you or someone close to you has been injured in a highway accident caused by someone else’s negligence, you may be entitled to compensation for your harm. At Therman Law Offices, our Wheaton and Schaumburg highway accident lawyers can thoroughly evaluate the facts of your case and help you understand your legal rights and options.Holding a Careless or Reckless Driver Accountable for a Highway Accident
There are a number of possible causes for highway accidents, including drunk driving, distracted driving, reckless driving, drowsy driving, speeding, failing to follow traffic laws, tailgating, and unsafe lane changes.
If you have been hurt in a highway accident that was not your fault, you will likely be able to file a personal injury claim against the at-fault party. Negligence is the legal basis for most personal injury claims. Negligence occurs when a driver fails to use the level of care that a reasonably prudent driver would use in the same circumstances. A person who loses control of their vehicle and causes a collision on the highway due to excessive speeding, for example, would likely be liable for any resulting harm.
To prove negligence, a highway accident attorney in Schaumburg or Wheaton must establish certain points. They must show that the defendant owed the plaintiff a duty of care, the defendant breached the duty of care owed to the plaintiff, and the defendant’s breach was a direct cause of the highway accident and the victim’s resulting harm. It is important to note that Illinois follows the modified comparative negligence doctrine, in which fault is relatively apportioned to each party involved. Under this doctrine, a plaintiff’s recovery will be reduced by their percentage of fault. For example, if a plaintiff is deemed to be 30 percent liable, they will take home 70 percent of the total damages award. However, if a plaintiff is 50 percent or more to blame for the accident, they will be barred from recovering anything at all.
Once negligence is successfully shown in court, a plaintiff will be able to recover a wide range of damages from the liable party. These damages generally include medical costs, including hospital bills, follow-up treatment, medication costs, and rehabilitation costs. Damages also extend to lost wages and benefits, property damage, pain and suffering, future medical expenses, and any other losses arising from the accident. Each case is unique, and the amount and types of damages that a plaintiff will be entitled to obtain will depend on the details of the case.
If you have lost a loved one in a fatal highway accident, a Wheaton or Schaumburg highway accident attorney can help you file a wrongful death claim against the at-fault party. Under state law, a wrongful death occurs when an individual dies due to a wrongful act or neglect by another person or entity. The Illinois Wrongful Death Act permits certain surviving family members of these victims to recover damages through a civil lawsuit. These damages include items like funeral costs, pain and suffering, loss of companionship, mental anguish, loss of consortium, and more.Contact a Highway Accident Lawyer in Schaumburg or Wheaton
If you have been injured or a loved one has died in a highway accident caused by someone else’s negligence, our attorneys can help. At Therman Law Offices, we will try to make the legal process as seamless as possible for you so that your family and you can focus on dealing with your injuries. We also represent injured people in Norwood Park, Edison Park, Harwood Heights, Norridge, Elmwood Park, Park Ridge, Des Plaines, Rosemont, Elk Grove Village, and Mt. Prospect, among other communities. For more information about your options, call us at 312-588-1900 or contact us online.