If you’re considering filing a personal injury lawsuit following a car accident, slip and fall, or any other kind of injury, you may be wondering “What is my case really worth?” The answer comes down to “damages”. You must figure out what your injuries have cost you monetarily, physically, and mentally (and, in some cases, whether the defendant’s conduct should be punished).
In a personal injury case, an injured person (the plaintiff) is paid by the person or company who is found to be legally responsible for the accident (the defendant or their insurer). A damage award can be agreed upon after a negotiated settlement or may be ordered by a judge or jury following a court trial. In Elgin, Illinois, the personal injury specialists at Costa Ivone, LLC are eager to get the highest settlement possible.
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Some of the various kinds of damages that are common in many personal injury cases are:
Personal injury claims should be made as soon as possible since most states have a statute of limitations that limits the amount of time you have to file a claim. In 2016 alone, our clients benefited from over 6.5 million dollars that we recovered for them.
Someone has to pay for the damages when accidents happen. If you were hurt, or suffered a loss in an accident in or near Elgin, Illinois, our personal injury lawyers at Costa Ivone, LLC are ready to put their years of experience to work for you.
We Can Help
Innocent personal injury accident victims frequently require the assistance of a professional legal team to receive damages they are owed from an injury. We will:
If you have been injured at work, then you may have a claim for Workers’ Compensation benefits. Under the law, most employers are required to carry Workers’ Compensation insurance. This coverage entitles injured workers to three major benefits.
If you have been injured on the job, report the claim to your supervisor immediately. Your employer should then ask you to complete a workers’ compensation report of injury. Your benefits should begin at that time.
In some instances, legitimate workers’ compensation claims may be denied by aggressive insurance companies. The insurance company may claim you were not injured at work, suffered from a pre-existing condition or that your injury does not require medical attention. You may need to take legal action to receive your Workers Compensation benefits.
We Can Negotiate
Our law team practices in cases of:
In addition to the legal aspects of your case, we can help you by getting the detailed report of your injuries, the medical plan for your recovery and treatment, and detailed list of injuries to the insurance company that is responsible for paying.
You may also need help gathering the needed reports from your doctor(s) about your condition, your medications, and the ongoing treatment you will require.
Most Americans cannot go a week, let alone months without a paycheck. One of the biggest setbacks of an injury can be lost income. Our attorneys will form a plan for recovering all you have lost due to your injury.
Pain and Suffering
It’s difficult to place a monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by lingering accident-related injuries. Some of these are:
These are all ways an accident can cause suffering in addition to the physical pain, which is often hard to put into words. Our attorneys at Costa Ivone, LLC are able to look at all of these factors to calculate a financial value for pain and suffering.
When we talk deliberate negligence, we stop calling it an accident. In cases where the defendant’s conduct is deemed particularly egregious or outrageously careless, a personal injury plaintiff may be awarded punitive damages on top of any compensatory damages. Punitive damages stem from a rationale that is quite different from the justification tied to compensatory damages, which attempt to “make someone whole.”
Punitive damages are awarded to the injured plaintiff, but the real goal of these kinds of damages is to punish the defendant for its conduct — to “hit them in the pocketbook,” so to speak — and to act as a deterrent. Therefore, if someone hurt you on purpose, you may be entitled to punitive damages in a settlement.
Modified Comparative Negligence
In Illinois, negligence (or fault) determines who pays for damages after an accident, whether this be a car accident, pedestrian accident, slip and fall, or another accident type. Comparative negligence/fault, then, determines how fault will be divided in an accident resulting in bodily injury or property damage and how a person’s recovery will be affected if they contributed to their accident.
Modified comparative negligence is a theory of comparative fault that means a plaintiff may still seek damages from a defendant so long as the plaintiff’s degree of fault does not exceed 49 percent. If the plaintiff is 50 percent or more at fault for their injuries, then they cannot pursue a personal injury case against the other party.
Negligence is simply failure to provide the care you’re expected to provide under certain circumstances. The area of tort law known as negligence involves harm caused by failing to act as a form of carelessness. The main concept of negligence is that people should use reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property.
Someone who suffers loss, caused by another’s negligence, may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.
Intentional Torts vs. Strict Liability
Intentional torts are committed on purpose, such as fraud, libel, misrepresentation, slander, and false imprisonment. Along with these are assault and battery, and sometimes wrongful death.
On the other hand, strict liability tort laws apply when a person is put in harm’s way by just possessing a dangerous product, animal, or weapon. That person is therefore not required to prove negligence.
Injured workers will have various concerns, such as medical bills, how your family will make it without a paycheck, and/or being treated fairly by your employer and the insurance company. Our attorneys will aggressively fight to protect your rights to the fullest extent the law allows.
Costa Ivone, LLC has experience helping many kinds of employees. We can represent construction workers, factory workers, retail employees, medical professionals, teachers, truck drivers, and countless others. We take on difficult cases and do not represent insurance companies.
If you’ve been injured in the workplace, workers’ compensation insurance is not the only way for you to be compensated. There are situations in which you may be able to sue for damages caused by your injuries. For example:
If you have gone through the process, and it just doesn’t work for you, let an experienced attorney work for you. The attorneys at Costa Ivone, LLC in Elgin, Illinois can and will help you.
Modified comparative negligence laws say that a plaintiff’s damages will be reduced in proportion to their degree of fault. Consider an accident in which Driver A is speeding, and Driver B is texting, at the time that the two vehicles collide. Driver B is found to be 40 percent at fault for the accident, and suffers $10,000 worth of damages. Because of their percentage of fault, Driver B’s damages will be reduced by 40 percent, and driver A will only be liable for $6,000.
If you’ve been hurt in an automobile accident, chances are that not just your car was damaged. You may have an auto accident case and therefore entitled to compensation.
Settling Comparative Negligence
Following an unfortunate accident, you’ll want the attorneys at Costa Ivone, LLC, a personal injury and workers’ compensation law firm that will work diligently on behalf of injured clients throughout Illinois. We put our clients’ needs first, so don’t be fooled by insurance companies that want a quick settlement. You could be cheated out of money that you’ll need to return to a normal life.
Common Work Injuries
Multiple Fracture Injuries
Spinal Cord Injuries
Traumatic Brain Injuries
If you’ve fallen victim to one of the above work injuries, please contact Costa Ivone, LLC in Elgin, Illinois. We will build a strong case on your behalf to get you the compensation you deserve.
To what am I entitled by the Illinois Workers’ Compensation Act?
The lawyers at Costa Ivone, LLC are workers’ compensation and personal injury attorneys who have proven themselves in the Elgin, Illinois area. They do understand the complicated workers’ compensation system and the laws that pertain to it. Put our team on your side to help get you the benefits you need and deserve.
Say, for example, Maria is moving houses to Tinley Park, so she is driving her car with items piled to the ceiling, which are obstructing her view. Jessica is driving too fast along the street that Maria’s street crosses.
Maria doesn’t see Jessica’s car and pulls out in front of her and hits her car, causing an automobile accident. Jessica may have had more time to swerve or stop had she not been speeding. Since both drivers have contributed in some way to this car accident, the insurance company will apply comparative negligence laws to determine who is liable to pay for damages for the car wreck.
To recover damages, Illinois uses modified comparative negligence. This law states that an injured person may be able to recover damages if he or she is less than 50 percent at fault. The amount recovered can be reduced in proportion to the amount of fault of each party in the car accident.
In the example above, a judge may find one person in the automobile accident 75% at fault, and the driver who is 25% at fault would be able to collect damages, as their portion of blame is less than 50%. However, he or she may only be awarded 75% of the cost of damages and medical costs by the other driver’s insurance company.
Get the Auto Accident and Workers’ Compensation you deserve: Talk to an Attorney
When you are injured via a car accident, you should ensure a police report is filed. If you are injured at work you should ensure a report is filed to your employer, informing him or her of your situation. Sometimes employers try to ignore their injured employees when they ask them for workers’ compensation. In some cases an employer hasn’t taken out the relevant workers’ insurance to cover employees.
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