Springfield Car Accidents
Springfield is Sangamon County's county seat and home to about 116,000 people as of 2010. I-55, which goes north to south, runs past Springfield, while I-72 runs from east to west. It can be devastating to be seriously injured or have a loved one killed in a car crash. There may be enormous medical bills. You may need to take time off from work. Many people do not have money saved up in case of serious injuries or the death of a loved one. If you have been injured in a car accident, you should consult the experienced Springfield car accident lawyers at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca.Seeking Compensation Through a Car Accident Claim
In most cases, you will need to show by a preponderance of the evidence that the defendant owed you a duty of reasonable care, there was a breach of the duty of reasonable care, and there was actual and proximate causation and actual damages. A defendant may breach the duty of reasonable care in many different ways. For example, there may be a breach when a defendant speeds, going 85 mph in a 55-mph zone. If the defendant is unable to stop in time because of the speeding and rear-ends you, it is likely that a jury would find him negligent. Similarly, if the defendant was driving drunk and swerved into your car, it is likely that a jury would find that he was negligent.
However, many defendants raise the defense of comparative negligence. This means that they will argue that you were partially or fully to blame for the car accident. A car accident attorney in Springfield can help you try to defeat the application of this rule. Illinois follows the doctrine of modified comparative negligence. The jury will evaluate the evidence and arguments pertaining to both your actions and the defendant's actions and assign each party a percentage of fault. Your damages will be reduced by an amount equal to your percentage of fault. For example, if you were speeding, and the defendant was texting while driving, the jury may determine that you were 25% at fault for the accident, while the other driver was 75% at fault. If the damages are $100,000, you will be able to recover $75,000.
In some cases, there are multiple drivers who contribute to an accident. Generally, in lawsuits for bodily injury, death, or property damage based on negligence or product liability, all at-fault defendants will be found to be jointly and severally liable for your medical and medically related expenses. Any defendant whose fault is less than 25% of the total fault attributable to you will be only severally liable for all of your damages other than medical damages. Any defendant whose fault is 25% or more of the total fault attributable to you shall be jointly and severally liable for all of the damages other than the medical damages. This can be a crucial rule for your Springfield car accident attorney to keep in mind when analyzing the contributing causes to your accident and deciding which parties to sue.
If you can establish another driver's liability, you may be able to recover both economic and noneconomic losses. Economic losses are tangible losses. Often, they are documented. They may include lost wages, medical expenses, out-of-pocket costs, and replacement services. Noneconomic losses are intangible losses. They are subjective losses. They can vary dramatically depending on the extent of your injuries, the experience of your attorney, and how your case is presented. They may include pain and suffering, mental anguish, loss of enjoyment, and loss of consortium.Discuss Your Situation with a Car Accident Lawyer in Springfield
If you were injured in a crash in the Springfield area, you should retain an experienced personal injury attorney. At Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca, we represent accident victims in Springfield as well as Quincy, Rockford, Champaign, Aurora, and the surrounding areas. Call us at 312-263-6330 or toll-free at 800-444-1525 for a free consultation.