Kendall County Attorneys for Car Accident Victim
Kendall County is located within the Chicago metropolitan area and covers 322 square miles. Its county seat is Yorkville. Most of the county’s residents live in the northwest part of the country along the Fox River. Highways include I-80; United States Highways 30, 34, 52; and Illinois Routes 25, 31, 47, 71, 126. If you were injured in a collision or crash, or a loved one died as a result of one, you should call the trustworthy Kendall County car accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca. We have more than 60 years of experience that we can put to work for you.
Attorney to Prove Liability for a Car Crash
Car accidents occur in a variety of ways. They can be the result of reckless driving, sudden swerving, speeding, tailgating, weaving, failure to obey traffic signs and signals, ice, snow, rain, and drunk driving. Sometimes they are caused by dangerous property conditions on the road or a vehicle defect. Many families do not have enough saved in case of a devastating car accident. Medical bills are expensive, and it can also be challenging to lose income because you need to take time off from work to heal. When a car accident is the fault of another, it may be appropriate to bring a lawsuit for damages; the party responsible for the accident should pay for medical expenses and your wages while you are recovering and unable to work.
In order to establish that another driver is at fault, we will need to show negligence. We will have to prove it’s more likely than not: (1) the defendant owed you a duty of reasonable care, (2) departure from the duty of reasonable care, (3) causation, and (4) actual damages. If, for example, the other driver ran a stop sign and T-boned you at an intersection, we would probably be able to establish negligence. For another example, if another driver aggressively tailgated, and because there was insufficient space to stop safely, rear-ended you on I-80, we could establish negligence.
It’s important to be aware that the other driver’s representatives, whether their insurance adjustor or an investigator, is not on your side. Rather, their goal is to try to find ways in which you are at fault. Your damages can be reduced by an amount proportionate to your degree of fault. For example, if the total damages are $100,000 and you are found 25% at fault for speeding while the other driver is 75% at fault, you would only be able to recover $75,000. When a jury determines you are 50% or more at fault for the accident, you will be barred from recovering damages under the modified doctrine of comparative negligence.
Recovering Damages After a Car Accident
The nature of your injuries will determine to what compensation you’re entitled. If we can establish the defendant’s liability for a car accident, we can recover damages. In most car accident cases, these are compensatory damages, or damages meant to put the plaintiff back into the position he or she would have been in had there been no accident. These can include medical expenses, lost income, out-of-pocket expenses, disfigurement, pain and suffering, and loss of enjoyment of life. When a car accident is the result of drunk driving, however, it may be possible to recover punitive damages, which are damages intended to punish and deter misconduct, as well.
When a Loved One Dies as a Result of Another’s Negligence, it May Be Appropriate to Pursue Damages Through a Wrongful Death [Link to Wrongful Death] Lawsuit. the Lawsuit Needs to Be Filed by the Personal Representative of the Decedent’s Estate.
Consult a Kendall County Car Accident Lawyer
If you were injured in a collision with a big rig or semi, or a loved one died that way, call the seasoned Kendall County truck accident lawyers of Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca to figure out whether you have grounds to bring a lawsuit. Call us at 312-724-5846 or complete our online form.