If you are injured in a car accident, you may be left with high medical expenses related to emergency treatment, surgeries, medication, and rehabilitation, among other things. You may also be forced to miss significant work time, affecting your ability to earn an income. A personal injury claim can help you pursue compensation for these economic damages, but it is also important to note that you may be entitled to non-economic damages if you are experiencing ongoing pain and suffering. It may be more challenging to make the case for these damages, but with your attorney’s help, you can fight for compensation that can help to ease your burden.

Pain and Suffering and Other Non-Economic Damages

Depending on the severity of your injuries, you may be unable to return to your previous quality of life after your accident, even after receiving the best medical treatment available. In a civil lawsuit, non-economic damages are meant to provide compensation for lasting physical and mental hardship.

You may have a case for non-economic damages if you are suffering from:

Falling on someone else’s property, perhaps at a restaurant, store, or other business, is a fairly common occurrence, especially as winter approaches and snow and ice may accumulate around sidewalks, parking lots, and entrances. If your slip and fall accident results in injuries that require medical attention, you should consider hiring an attorney who can help you determine whether the property owner or another party may be considered liable.

Negligence in an Illinois Slip and Fall Case

According to Illinois law regarding premises liability, a property owner has a duty of care to take reasonable measures to promote the safety of lawful visitors to the property. Fulfilling this duty generally means that the owner should:

• Avoid contributing to a dangerous environment. For example, an owner should take care to ensure that debris, loose objects, obstructions, or wet or slippery floors are not left in an area that the owner knows is likely to see foot traffic.
• Take reasonable steps to resolve conditions that could be dangerous. For example, walkways and entrances should be cleared of ice and snow as soon as reasonably possible.
• Provide reasonable warning of a potential hazard. If it is not possible to eliminate a hazard, property owners should make an effort to provide clear warning that the hazard exists. One example would be placing a wet floor sign near a spill until it can be cleaned.

If someone is injured and suffers damages as a result of the owner’s failure to uphold the duty of care, the owner can be held responsible for those damages.

The Federal Highway Administration reports that in the 10-year period from 2007 to 2016, weather was a factor in 21 percent of all vehicle accidents, 19 percent of all crash injuries, and 16 percent of all crash fatalities in the United States. It is clear that weather plays a significant role in car accidents, and as the late fall and winter months approach in Illinois, wind, rain, snow, sleet, and hail can make driving conditions increasingly dangerous. If you are injured in an accident during inclement weather, it is important to know how it may affect your claim for compensation.

Weather Is Not an Excuse for Negligence

Although weather conditions can make driving more dangerous and increase the chances of an accident occurring, in most accidents involving two or more vehicles, a driver may still be considered negligent despite the weather’s impact. Negligence is defined as a situation in which one party owes a duty of care to another and fails to uphold it, thereby causing injury or other damages. When weather conditions are poor, drivers have a duty to take the necessary precautions to ensure they are driving safely, which may include:

• Reducing speed
• Leaving more space between vehicles
• Allowing more time to stop
• Paying special attention to the surroundings
• Making sure tires, brakes, lights, and windshield wipers are in working order and equipped for the weather conditions

If a driver fails to take these precautions and that failure is determined to be the cause of an accident, anyone who is injured may have a claim for compensation.

Driving over the speed limit is such a common occurrence that you may not even think twice about it, and chances are that you have done it yourself from time to time. However, this casual attitude toward speeding is concerning given the fact that speeding was a factor in 42 percent of all fatal car accidents in Illinois in 2018, which is a greater portion than all but five other states. Speeding poses a clear danger to everyone on the road, and those who have been injured in a speeding accident may face a difficult path to recovery.

The Dangers of Speeding in Illinois

Speeding is dangerous both because it increases the risk of a crash and the severity of injuries that may result. A speeding driver takes longer to stop when an emergency situation arises, which may lead to a rear-end collision, and speeding drivers may also have more difficulty controlling their vehicle, especially when road conditions are poor. Driving at faster speeds also increases the force of impact in a collision, which may result in catastrophic injuries to the brain, spinal cord, and extremities, many of which can be fatal.

Speeding is also associated with several other risk factors. The National Highway Traffic Safety Administration (NHTSA) reports that in 2018, 37 percent of speeding drivers in fatal crashes had been drinking, 25 percent did not have a valid driver’s license, and 48 percent were not wearing a seatbelt.

Losing a loved one in a car crash or other fatal accident can be devastating, and unfortunately, it is a sad reality for almost 1,000 Illinoisans each year. If you are one of the people affected, you may be struggling with financial stresses related to the incident as well as a difficult grieving process. Fortunately, if another driver was responsible for the vehicle collision, you may be able to obtain financial recovery through a wrongful death claim.

Initiating a Wrongful Death Lawsuit in Illinois

In the case of wrongful death, the victim’s spouse and/or next of kin, such as children, siblings, or parents, may be entitled to the compensation the victim could have pursued through a personal injury lawsuit. If you want to file a wrongful death claim, you will need to work with the personal estate representative of the deceased if that person is someone other than yourself. You should also consider hiring an attorney who can help you build a strong case for compensation.