Bloomington Personal Injury Lawyer
Personal injury claims may arise when individuals suffer injuries from the careless or negligent actions of other people or businesses. If adequate proof of negligence exists, those parties could be held liable for compensating injury victims for their losses. To determine whether you have a valid claim, you may want to speak with a Bloomington personal injury lawyer.
Potential damages you could recover include compensation for medical bills, pain and suffering, and lost wages. A personal injury attorney may be able to assess your situation and determine the extent of damages you can seek.
Types of Personal Injury Claims
Many different situations can result in injuries. If these accidents arise from the negligence of other parties, they could be the basis for personal injury suits. Some of the most common types of personal injury claims may stem from:
- Car and motorcycle accidents
- Truck crashes
- Pedestrian and bicyclist accidents
- Defective consumer products
- Dog bites
- Construction accidents
- Slips and falls
- Wrongful death
Other common types of personal injury claims that may arise are medical malpractice, birth injuries, and nursing home abuse cases. A personal injury attorney in Bloomington may be able to hold the negligent parties accountable for the harm that they have caused.
Establishing Negligence in Bloomington
Negligence, or the careless disregard for the safety of others, is a frequent basis for many types of personal injury actions. When the actions or inaction of individuals fall below the standard of care that a reasonable person would exercise in the same situation, they may be negligent.
A successful personal injury claim for negligence requires the establishing four elements. First, injury victims must prove that the defendant owed them a legal duty of care. For instance, all drivers owe a duty of care to drive safely to protect others from harm.
Next, injured parties must show that the individual breached their required duty of care in some way. Third, the breach must have led directly to, or proximately caused, the injuries at issue. Finally, a plaintiff must demonstrate that they suffered tangible or intangible damages as a result of their injuries.
If the plaintiff shares some fault for an accident, the principles of comparative fault apply. 735 ILCS § 5/2 1116 provides that plaintiffs who are less than 50 percent responsible for causing the accident that led to their injuries can still recover limited amounts of damages.
However, damages in this situation are decreased by the degree of fault of the injury victim. Therefore, if an individual is 20 percent at fault for causing their accident, they can seek a maximum of 80 percent of their total damages.
Call a Bloomington Personal Injury Attorney for Help
If you were injured in an accident due to someone else’s negligence, you are likely to be overwhelmed and unsure of how to proceed. Facing medical bills, injuries, and other losses may seem daunting, especially if you are unaware of your legal rights.
Fortunately, you do not have to navigate the legal process by yourself. A Bloomington personal injury lawyer could work tirelessly to help you with each step of a claim, from collecting evidence and calculating damages, to filing a timely claim before the statute of limitations expires. To learn more and discuss your case, call a compassionate and experienced attorney today.