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Lawsuits & Litigation

Who Can Be Held Responsible for My Injuries?

— October 27, 2021

Your job is to get better. When you and your attorney work together, you can get the settlement you need to get on with your life.

If you have been injured in an accident, your number one priority should be getting better. You should go to all of your doctor’s appointments and take any medications that are prescribed to you. If you are concerned with paying for your medical expenses, you will need to file a claim with an insurance company. In some cases, you will need to file a lawsuit. Knowing whose insurance company will pay for an accident or who you should sue is key to getting the money you deserve.

Who caused the accident? 

There are two types of insurance rules in the United States, fault and no-fault. In a fault state, the person who is responsible for the accident will pay for its associated bills. In a no-fault state, the accident victim’s insurance will pay for their bills no matter who caused the accident. Illinois is a fault state. More specifically it is a comparative fault state. If a driver is more than 50% responsible for an accident, their insurance must pay the other driver’s bills.

When you are in a car accident, you should take the appropriate steps to protect yourself. Call the police and wait for them to arrive. Never admit fault because there may be facts of which you are unaware. Ask for the names and contact information of witnesses and exchange information with the other driver, you should also take pictures if you can. 

If you are hit by a commercial vehicle, there are some situations in which the company the driver works for is to blame rather than the driver. If they did not inspect their vehicles properly, failed to train their drivers, or hired unqualified drivers, you may have a claim against their company.

Slip and Fall Accidents

If you are injured in a slip and fall accident on someone else’s property, you should take a good look around to see what caused you to take a spill. If the property owner left a dangerous obstacle out without putting up warning signs or telling you about it, they may be to blame for your injuries.

Person at bottom of stairs; image by Free-Photos, via
Person at bottom of stairs; image by Free-Photos, via

When you slip and fall at a business, they should have you fill out an accident report and give you the name of their insurance provider. If you fall at a private residence, you should get the homeowner’s insurance information.

Medical Malpractice

If you have been injured due to a medical professional’s negligence, determining who is at fault may be rather difficult. If you were hurt by a hospital staff member, such as a nurse or RNA, you would most likely sue the hospital. If a doctor injured you, they are likely to be an independent contractor and not employed by the hospital. Hence, you would want to sue them directly. Executive orders initiated because of COVID-19 have made it more difficult than ever to sue a doctor for malpractice.

A personal injury attorney can do the necessary research and find out who should be held responsible for your accident. Your job is to get better. When you and your attorney work together, you can get the settlement you need to get on with your life. Click here for more information.

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