If you are in an accident in Illinois and suffer a back injury, you may want to file a personal injury claim to receive compensation. You can file a personal injury claim in Illinois in some cases even if you were partially at fault, so speak to our Illinois back injury attorney at The Law Offices of Robert T. Edens, P.C., for assistance with your claim.
What Are The Elements Of An Illinois Negligence Case?
After a back injury caused by another party, they could be liable for your damages if they are found negligent. Negligence means someone owed you a duty of care, but they did not fulfill their obligation. This could mean they have to pay for your medical bills and other damages. For instance, if someone hit you from behind near Wrigley Field and injured your back, they could owe compensation for your medical bills, lost earnings, and pain and suffering. To hold someone negligent in Illinois, these elements must be proven:
- Duty: The potentially negligent party owed you a duty of care.
- Breach: The party did not meet their duty of care obligations.
- Cause: If it had not been for their breach, you would not have been hurt.
- Proximate cause: The failure led to your injuries.
- Damages; You have been hurt and suffered losses.
Back Injury Settlement Calculator In Illinois
Your compensation for your back injury depends on the damages you suffered. Damages refer to the measurable harm that you have because of your back injury. Calculating your damages requires a thorough analysis of the harm you have suffered, and damages for a back injury vary widely, based on the severity and kind of injury.
When various stakeholders calculate your back injury damages in the case, the following may be involved:
Economic damage in your back injury settlement are those that can be easily added up. For instance, if you have $5,000 in ER, hospital, and doctor visit bills for a ruptured back disc, these are economic damages that may be covered in your settlement.
Also, having a ruptured back disc could mean you cannot work for an extensive period. Lost earnings can be determined by reviewing your paystubs and adding that amount to your settlement. If your injuries result in the loss of additional work time, future lost wages also may be calculated for your settlement.
Non-economic damages for your back injury are more difficult to calculate. They include pain and suffering, loss of enjoyment of life, and mental trauma and anguish. For example, a ruptured disc could cause extensive pain that prevents you from enjoying life, playing with your children, and having an intimate relationship with your spouse. Depending on the severity of the injury, you might be entitled to considerable pain and suffering damages.
Your back injury personal injury attorney can review your case and provide a rough idea of what the case could be worth. For example, minor back injuries might be worth a few thousand dollars, while more severe injuries could be worth much more.
Contact Our Illinois Back Injury Attorney
If you have a back injury caused by another party, you do not have to suffer by yourself. Contact our Illinois back injury attorney at The Law Offices of Robert T. Edens, P.C. for assistance with your back injury claim at (847) 395-2200.