The Village of Buffalo Grove straddles the line between Cook and Lake counties, Illinois, 32 miles and one hour northwest of Chicago on the North Central commuter railroad. Money magazine has rated Buffalo Grove as one of one of the best places to live in America. Unfortunately, personal injuries occur even in the best communities. Legally speaking, in any personal injury case a defendant’s intentional or negligent conduct causes physical or emotional injury to a plaintiff, but to obtain redress and compensation for the injured plaintiff the Buffalo Grove accident attorney must prove:
- that the defendant had a duty to act so as not to injure anyone,
- that the defendant failed to comport with that duty, and
- that the defendant’s failure to comport injured the plaintiff.
Although many cases seem simple, proof of these basic facts is often more difficult than a potential plaintiff might assume from their apparent simplicity. For a clear comprehension of such difficulties, a look at some aspects of a few personal injury types, bicycle accidents, dog bites, slip and fall accidents, and wrongful deaths, may be instructive.
Types of Personal Injury Cases
Some bicyclists injured by cars wonder whether they are entitled to any compensation at all if partially at fault for the collision. Just because a police report or an insurance investigator says the bicyclist is at fault does not make what they say a fact, and, even if partially at fault, there may be some entitlement to compensation. In Illinois, injured cyclists less than 50 percent at fault have a right to damages reduced by their percentage of fault.
Anyone are seriously injured from a dog bite should consult a Buffalo Grove accident attorney experienced in such cases, which can require difficult dealings with insurance companies, as soon as possible. Most information necessary for a legal action for compensation is time-sensitive. In Illinois, under the Animal Control Act the bitten plaintiff must prove
- that the defendant owned or was responsible for the dog,
- that the plaintiff injured was legally in the location where bitten,
- that the plaintiff acted peaceably at the time of the attack, and
- that nobody provoked the dog.
Under the statute, even if there is no actual bite, “the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury approximately caused thereby,” meaning injuries due to dog attacks could be from falls in flights from them or heart attacks or strokes precipitated by reactive emotional distress.
If a pedestrian slips and falls and sustains serious injury, the owner of the property or whoever may have lawful possession is usually liable. A business renting a commercial space possesses it. Liability depends on whether those responsible used reasonable care to prevent slips and falls by proper property maintenance. If the fall happens on a public sidewalk with a hole, a crack, or a slippery surface and the injured plaintiff proves improper or inadequate maintenance as the cause, the sidewalk owner may be liable. For a city sidewalk, the municipality may be liable if the plaintiff can prove the defendant’s prior notice or knowledge of the unsafe condition.
A wrongful death is an intentional or negligent homicide. In most cases, the legal heirs or family of the deceased file the wrongful death claim. The court can appoint a family member as personal representative. Most states allow recovery of damages for burial expenses, loss of income, and other specific economic losses. Other damages recoverable are intangible for pain and suffering by both deceased and survivors. Some cases award punitive damages. A Buffalo Grove accident attorney can discuss damages relevant and allowable in any case.Contact a Buffalo Grove Personal Injury Attorney
If you have experienced any of the personal injuries listed above, contact an attorney at Rosenfeld Injury Lawyers LLC today. Our attorneys will help determine whether you have a case and guide you through the legal process. 888-424-5757