Helpful Information Regarding Any Accident
Click on the frequently asked questions below for answers to general civil law questions.
- What do I need to prove in order to be entitled to payment in a civil case?
- What types of losses can I recover for in a civil action?
- What if I contribute to my accident through my own fault?
- Who administers the law?
- What should I do at the accident scene?
- What information should I try to get at the accident scene?
Unlike a workers’ compensation claim, a civil case requires proof of fault. A civil case typically includes the following three parts:
- some company or other person was negligent;
- as a result of the negligence, you were injured; and
- the extent of your injuries which, in turn, determines how much you are entitled to.
A few examples are lost wages (including overtime), medical bills (past and future), pain and suffering, disfigurement (scars, for example) and loss of enjoyment of life (for example, having to give up a hobby due to the injuries).
You are still entitled to bring a claim. Whether your fault will be considered, depends on the type of claim. In civil cases we have comparative negligence, which means that a jury of your peers decide the percentages of fault of all involved.
In a workers’ compensation claim the Workers Compensation Commission of Illinois has the responsibility of administering the law and for resolving any disputes. Civil cases are brought in the circuit court before a judge or jury.
Protect your health and well-being first. If you are injured, insist on immediate, proper medical care. Do not allow others to prevent you from seeing a doctor or going to the hospital. You cannot put a price on good health. You should take every necessary precaution to protect your health.
Note the circumstances of your accident, including location, date, time of day, activity at the time, witnesses present, weather conditions, and any other details you think might be important. Make a written record of these details as soon as possible. Write down the causes and contributing factors of your accident. Write down every detail you can recall as soon as possible. After you have written this information down, come back to it and record further details as you remember them.
This content is intended to provide general information and guidance only. You should see an attorney and obtain advice if you have questions or concerns regarding your work injury. Most lawyers will not charge any fee for an initial consultation to review your case. Only by asking questions and obtaining answers will you obtain the rights and benefits to which you are entitled.