Are you an accident victim and believe you may be entitled to financial compensation for damages and bodily injuries? If you're looking to file a personal injury claim with your insurance company or against the fault party, but don't know where to start, call our experienced attorneys at Ktenas Injury Attorneys in Illinois.

We understand the complex and time-consuming process of filing an injury claim under the comparative negligence law and how this doctrine affects the injured party. We believe accident victims should receive fair compensation for their injuries.

Our skilled Chicago injury attorneys will create a strong comparative negligence defense strategy for your specific case and advocate for you to receive what you deserve. To schedule a free consultation call us at (312) 300-2515.

What is Comparative Negligence?

Comparative fault is a legal doctrine used in personal injury court cases that compares and determines the degrees of fault that each party bears in the accident. For instance, it recognizes that most accidents are caused by two or more individuals and many factors go into the reason for the accident. This legal principle recognizes that if both involved parties share some responsibility for the accident, they will both be held accountable for the economic damages.

Pure Comparative Negligence

Pure comparative negligence is a legal rule that allows the prosecutor to claim damages even if they are mostly at fault for the accident. Under this rule, the court assigns a percentage of responsibility to each party involved, including the plaintiff.

legal documents discussing comparative negligence

Even if the plaintiff is found to be 99% at fault, they can still recover monetary damages for the remaining 1% for which they are not responsible. This means that the amount of compensation for negligence received by the plaintiff is directly proportionate to their assigned level of fault.

The pure comparative negligence rule acknowledges that incidents of injury are rarely clear-cut cases of one party being entirely to blame. It recognizes that both parties involved in a dispute may have contributed to some extent to the occurrence of an event.

Modified Comparative Negligence

The majority of the states in the US, including Illinois, follow the modified comparative negligence principle when it comes to negligence injury claims. In the modified comparative negligence system, the court presumes that both parties shared some degree of fault in the accident, but it seeks to determine who had the most fault.

When working under this injury claim model, if a person is 50% or more at fault for the accident, they cannot obtain financial compensation for damages and injuries. However, if the person is less than 50% at fault, they will be entitled to compensation for their injuries but the amount will be comparable to their degree of fault.

This means that even if someone shares responsibility for causing an accident, they cannot seek compensation if their assigned fault crosses this threshold. If a driver is found to be 60% at fault in a car accident, they will not be eligible to receive compensation from other responsible parties under this regulation.

The Difference Between Comparative and Contributory Negligence

The Comparative Negligence Rule and Contributory Negligence Rule are two different legal approaches to determine fault and liability in personal injury cases and there is a considerable difference between the two legal approaches.

In comparative negligence, the court assumes that both parties share some degree of negligence for the accident. The court considers the level of fault for each party involved in an accident or incident. This means that damages are apportioned based on each party's level of responsibility.

If one party is determined to be 70% at fault and the other party is found to be 30% at fault, the damages awarded will be proportionally reduced by the percentages.

On the other hand, the contributory negligence law states that if both parties had some degree of responsibility then there can be no compensation given. If a person is partially responsible for an accident, they may not be eligible for financial compensation for their injuries. This rule is inflexible and can result in unfair outcomes.

What Happens When Multiple Parties Share Responsibility for an Accident?

In cases where multiple parties share responsibility for an accident, the courts play a crucial role in determining each party's degree of liability. This often involves a comprehensible investigation of the accident, which may include collecting evidence through witness statements and witness testimony. Once all relevant information is examined, the courts will determine a percentage of fault to each party involved in the case.

The assigned percentages of fault are then used as a basis to determine how much compensation each party will be responsible for covering. The more negligent or responsible party will typically be required to bear a larger portion of the financial burden.

scales, law books, and a gavel on a wooden desk

For instance, if one party is found to be 40% responsible while another is found to be 60% responsible, the latter will have to contribute 60% towards compensating for the total damages caused by the accident.

How Comparative Negligence Affects Your Compensation

In Illinois, the comparative negligence doctrine can have a significant impact on the amount of compensation you receive in a personal injury case. Under the system of comparative negligence, your level of fault is assigned a percentage, which is then used to calculate the overall compensation awarded to you.

The purpose of the comparative negligence standards is to ensure that individuals are not compensated for the portion of the accident for which they are at fault. The comparative negligence model recognizes that accidents are often caused by several people and a variety of factors; however, it's important to realize that due to this law, you may not be getting the most adequate amount of compensation that you deserve.

Questions About Comparative Negligence? Ask a Personal Injury Lawyer

We understand the complexities of filing a personal injury lawsuit or an insurance claim; furthermore, Illinois' modified comparative negligence laws can be confusing and overwhelming to understand and navigate.

Understandably, you may have questions about Illinois comparative negligence claims or concerns about class action lawsuits and complex trial proceedings.

If you or a loved one is battling an injury claim, our personal injury attorneys at Ktenas Injury Attorneys can help you understand the legal process.

Our experienced negligence lawyers in Chicago will help you file a claim to receive the maximum compensation for your losses including reimbursement for expensive costs for medical expenses. Call our law office for a free legal consultation with one of our accident attorneys today.

When the unthinkable happens and you suffer a debilitating injury through no fault of your own, it's a difficult situation to come to terms with. However, many times it is possible to get fair compensation that can go a long way towards helping you heal and recover financially. This is why finding a skilled attorney for your case is so important.

It's important to choose an excellent attorney who has experience in the field of personal injury law and possesses a combination of qualities that set them apart from other professional lawyers. If you have an injury claim to file call our firm at (312) 300-2515 to discuss it further. Our Chicago injury lawyers offer a free consultation to review your case and discuss your legal options moving forward.

Reviews and Client Testimonials

Reputation matters when you’re looking for an attorney to represent you in a case. Stellar client testimonials can be the difference between choosing someone to represent you and seeking another option. While credentials and education are important, reading about other clients’ experiences is invaluable when making a decision. Client testimonials provide insight that could otherwise be overlooked – a genuine glimpse into what working with the potential lawyer might entail.

Previous Case Outcomes

It’s important to do your due diligence when seeking out an attorney to handle a personal injury case. You want to make sure to choose an attorney with trial experience and a record of success. This means checking their track record of past successful settlements and judgments. Choosing an experienced attorney who knows how to deal with insurance companies can get you the maximum settlement you deserve.

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A personal injury trial lawyer should be eager to provide a list of their successful cases, including plenty of details about the outcomes as sufficient evidence that they know what they’re doing and can provide the best chances of success. 

Proven Experience in Litigation and Negotiation

Strong negotiation skills are vital in obtaining a favorable outcome in personal injury accident cases. A skilled negotiator has strong communication skills and can persuade those on the other side of the table, whether that’s an insurance company or another party involved in the case.

Learn More: What Does an Injury Lawyer Do?

They must be able to present a strong case and leverage their client's viewpoints while negotiating throughout a settlement. It is also vital for them to be able to anticipate any arguments that may arise from opposition and create creative solutions to potential roadblocks as they work towards their desired positive outcome.

Understanding of Relevant Laws and Regulations

A successful lawyer must have an in-depth understanding of the laws and regulations that are related to your case. This is because they need to be able to explain the relevant legal principles, legal processes, statutes, and rules that may apply to your particular situation. Knowing how the law works specifically in Illinois is essential when it comes to personal injury claims since this can often vary from state to state. An excellent lawyer will conduct detailed research into Illinois-specific laws and will seek out expert opinions as needed

Ability to Handle Complex Cases

When pursuing a personal injury case, the process can be extremely complex and requires attention to detail to make sure that all possible angles are covered and examined. They will also speak to many witnesses involved in the case, both for your side and the other party’s, so that nothing is left unexamined.

Furthermore, they will anticipate legal matters that may arise such as evidentiary issues, motions challenges, or privilege challenges by filing appropriate motions in court. This comprehensive approach towards litigation helps ensure that your case is brought to justice.

Availability of Free Consultations

When selecting a personal injury attorney, it is crucial to consider those who provide free consultations and offer readily available initial appointments to avoid any delays in the first meeting. Having a dependable legal representative is essential for ensuring the success of your case.

Related: How to Choose a Personal Injury Lawyer

It's important to choose a dedicated lawyer who is readily available and can be easily reached when needed. Your attorney should be located in a convenient place for you, so you don't have to waste time traveling long distances.

Knowledge of State and Federal Laws Associated with Your Case

The laws that apply to personal injury cases can vary depending on the circumstances. It is important to work with a skilled lawyer who knows both state and federal laws associated with your case. For example, slip and fall accidents are usually governed by the personal injury laws of your home state. On the other hand, when dealing with a large truck crash, there may also be federal regulations impacting your claim.

a man with a hand injury meeting with attorney Chris Ktenas

It is essential to have knowledgeable legal counsel to help you navigate these various applicable laws because each law will have specific provisions, requirements, and deadlines that may affect your ability to recover the compensation you deserve for your injury. When interviewing personal injury law firms and legal teams, ask them about their experience handling cases similar to yours and make sure they are familiar with all relevant statutes. 

Knowledge of the Medical Issues Impacting Your Case

Compensation for a personal injury lawsuit has the potential to be significant, especially in cases where complex medical issues are present. Having a lawyer with an understanding of the relevant medical conditions and their impact on the case is critical for achieving a successful outcome.

Medical treatments can be long-term and expensive, particularly when serious injuries such as brain trauma or organ damage occur. It is important for lawyers representing these clients to have familiarity with the medical aspects of the case and to connect those issues to get the maximum compensation for clients.

Learn More: Questions to Ask a Personal Injury Lawyer

Furthermore, having access to medical experts who can provide expert testimonies if needed is highly valuable as it provides further proof of how an individual’s injuries have affected them to show that they deserve financial compensation. Without this knowledge, clients may not receive all that they suffer from their injury due to inadequate representation.

They Work on a Contingency Basis

For clients injured in an accident, having access to quality legal representation is important - but it can be expensive. Hiring an experienced lawyer in Illinois doesn't have to break the bank, however, many successful attorneys work on a contingency fee basis. That's a fancy way of saying they only get paid if you do.

In the contingency fee model, the attorney will usually take a percentage of your eventual damages if they win your case. In other words, no win - no fee. Working on contingency takes some of the financial risk away from you and is especially helpful when you don't have cash to spare for these legal services upfront. Your attorney has more incentive to win because if they don't get a check neither do they! 

Speak with a Chicago Injury Attorney About Your Case Today

Our dedicated legal team of personal injury lawyers understands how important it is for you to find the right attorney that fits your specific case, so we welcome you to contact us to learn more about your legal options and receive a free consultation with no obligation.

We offer a comfortable atmosphere and will do our best to answer any questions or concerns you may have about your situation during this initial consultation. With Ktenas Injury Attorneys, you can trust that we will work hard to ensure your rights and best interests are safeguarded throughout this potentially complex claims process. Call us today to schedule a free consultation and case evaluation.

Roundabouts have become an increasingly popular alternative to traditional intersections because they reduce excessive speeds and lessen the danger of left-hand turns. This makes them a safer option for motor vehicle drivers, pedestrians, and cyclists alike. 

However, they can be quite difficult to navigate if you're not used to them. Drivers typically have to yield to other oncoming vehicles as they enter the roundabout which can lead to confusion and potential accidents if people don't pay attention. The rapid traffic flow within a compact space like a roundabout can make it more risky for pedestrians or cyclists who might find themselves in close contact with cars or fail to properly observe any oncoming traffic. 

If you or a loved one has been in a traffic circle accident, our personal injury attorneys at Ktenas Injury Attorneys can help you today. Our experienced Chicago car accident lawyers will help you file a claim to receive the maximum compensation for your losses including reimbursement for expensive costs for medical treatments. Call our law office at (312) 300-2515 for a free legal consultation today. 

Types of Roundabout Accidents That Can Occur

When used properly and with caution, circular intersections can be considerably less dangerous than regular intersections. Unfortunately though, distracted driving or confusion on when and how to drive through a roundabout can still put drivers at risk of injury or property damage.

There are many reasons roundabout accidents may occur including inadequate signage, unfamiliarity with traffic circles, misjudgment of vehicle speed, wrong lane usage, failure to yield to oncoming cars, lack of visibility, or distraction.

Inadequate Signage

Poor signage in roundabouts is a key to safety. Multi-lane roundabouts can become hazardous if not adequately marked with signs and pavement markings. Without clear-use signage, drivers are prone to enter the wrong lane or make sudden lane changes while traversing a roundabout; both of which increase the likelihood of serious accidents occurring.

Unfamiliarity with Traffic Circles

Traffic circles can be dangerous if drivers lack familiarity with the proper rules of operation since they are unique and require special knowledge to navigate safely. Unfamiliarity with traffic circles can be a major cause of roundabout crashes.

a photo of a traffic roundabout circle

When approaching a traffic circle, drivers should give priority to any vehicles already inside the circle. When entering the circle, drivers should travel in a counterclockwise direction and adjust their speed to match the flow of traffic. This can be a challenging experience for the driver if they have not been taught or have no previous experience.

Vehicle Speed Misjudgment

One of the most common causes of car accidents at roundabouts is misjudging the speed of oncoming traffic. When drivers approach a roundabout, they may become distracted or fail to slow down in time, leading them to cause an accident.

This often happens when drivers are not familiar with how roundabouts work and are unable to accurately gauge their speed as well as the speed of other cars. Because of this miscalculation, drivers can easily crash into an oncoming car if they're traveling at too high a rate of speed.

Wrong Lane Usage in a Roundabout

Using an incorrect lane in a roundabout can result in accidents. Drivers in a roundabout need to be aware of the proper lane they should be in. Accidents often occur when drivers incorrectly enter or exit a roundabout in the wrong lane. If you unexpectedly intersect with another vehicle while attempting entry or exit, a sideswipe crash may occur.

Learn More: What To Do After A Car Accident

It's best not to make lane changes within the circle if possible. If you need to change lanes and it is not possible to do so safely, it is recommended to continue circling the roundabout until it is safe to make the lane change, rather than risking an accident by rushing.

Failure to Yield to Oncoming Traffic

Entering a roundabout requires drivers to slow down and yield the right of way to any traffic already inside the roundabout. This is an important safety measure to ensure the smooth flow of traffic, as it prevents vehicles from entering the roundabout without looking for traffic already present. For instance, if a driver fails to yield the right of way while entering the roundabout and plows straight ahead regardless of any other cars on the road, a roundabout car accident can easily ensue. 

Lack of Visibility

Adequate visibility is of utmost importance around a roundabout to keep drivers and pedestrians safe. Proper lighting at critical points such as the entrances and exits should be used to ensure that drivers can see cars, bicyclists, or pedestrians in the area. Efficient lighting on the central island of the roundabout is also advantageous for drivers’ visibility to observe any fixed objects such as concrete barriers which may cause harm if not seen.

The insufficient visibility caused by inadequate lighting in a roundabout can contribute to serious traffic accidents due to unsafe driving methods from failure to perceive potential hazards. This unpredictability causes dangerous conditions for both drivers and pedestrians struggling with compromised sight lines.

Distracted Drivers

Driver distraction is a significant factor in roundabout accidents. The lack of focus impairs a driver's awareness of their surroundings and can lead to incorrect assumptions about who has the right of way in this type of intersection. A driver must remain vigilant at all times while navigating a roundabout to assess the speed of other vehicles and the traffic flow.

a man texting while driving

Drivers who are distracted by texting or using a cell phone may make sudden and unsafe lane changes without checking if it is safe to do so. Additionally, drivers may take the wrong exit or fail to adhere to lane markings, potentially resulting in a collision.

How to Avoid a Roundabout Accident

Roundabouts are becoming increasingly popular as a way to reduce traffic congestion, but they come with their own set of crash risks. To stay safe when approaching or driving through a roundabout, drivers must pay attention and follow the rules of the roadway. 

Properly Understand the Rules of the Road

The most important rule when approaching a roundabout is that you must yield to any vehicles already in it. Once you start entering the circle, look for lane indicators to determine which lane is the correct exit lane.

FAQ: How Do You File a Car Accident Claim in Illinois?

If the roundabout has multiple lanes, always choose the outer lane if you plan on making a right-hand turn at the nearest exit; conversely, use the inside lane for left turns and U-turns. Make sure to give yourself space to signal your upcoming exit and switch lanes without impeding upon other drivers in the roundabout.

Call Ktenas Injury Attorneys Today

If you have been involved in an accident, it is important to seek help from an experienced attorney. Accidents can cause serious physical, mental, and financial hardships that may require legal action to resolve. Ktenas Injury Attorneys strive to ensure that those affected by an accident get fair compensation for their injuries and property damage.

Our injury attorneys present a strong case using a comprehensive gathering of evidence, witness testimonies, medical care records, and other matters. We understand how costly and difficult it can be for accident victims; this is why we strive to utilize our experience to obtain the best possible outcome. Call Ktenas Injury Attorneys today for a free, initial consultation. 

If you have sustained a work-related injury in Chicago, Illinois, you may be eligible for workers’ compensation benefits. To file a work injury claim in Chicago, several steps need to be taken.

First, you should report your injury to your employer as soon as possible. You should also seek immediate attention for your medical condition if needed. Once the injury has been reported, your employer should provide you with a “Notice of Injury” form. This form must be completed and returned to the Illinois Workers’ Compensation Commission (IWCC) within 45 days of the injury.

The next step is to complete a workers’ compensation insurance company application. This can be done through an online form or by mail. To complete the application, you will need to provide information such as your contact information, employer’s name and address, date of injury, and a description of the injury.

After applying, the IWCC will review your compensation coverage case and determine if you are eligible for benefits. If approved, you may receive medical benefits to cover the cost of medical expenses and treatment related to your injury. You may also be eligible for weekly wage replacement if you are unable to work due to your injury.

If you have any additional questions or concerns about filing a work injury claim in Chicago, you must contact an experienced workers’ compensation lawyer for more information and guidance.

Ktenas' experienced Chicago workers comp lawyers can help ensure that your rights are protected throughout the compensation insurance benefits process and can provide assistance with filing a compensation claim denial if necessary. Call us at (312) 300-2515 to schedule a free consultation and start your case.

Report the Incident

If you have suffered a workplace injury in Chicago, it is important to report the incident as soon as possible. Generally, employers must be notified of an injury within 45 days for employees to be eligible for benefits under the Illinois Workers’ Compensation Act. You should inform your employer of the circumstances surrounding your injury as well as how and when it occurred.

If you are unable to report the incident yourself, you can have someone else report it for you. This can be a co-worker, family member, or friend. Once the report is made, your employer should provide you with a compensation insurance coverage claim form that must be completed and submitted.

Seek Medical Treatment

If you have sustained a work injury in Chicago, it is important to seek medical treatment and get the care you need as soon as possible. This can help not only ensure your health and safety but also strengthen your workers’ compensation claim.

Keeping records of visits to healthcare professionals for your injury is important. This includes noting the date of the visit, the diagnosis, and any treatments or medications prescribed.

a gavel, cash, and a calculator on a desk

When receiving physical therapy, it is important to document any diagnoses, dates, and treatments to ensure that you receive the maximum compensation and disability benefits.

Seek a Lawyer

When filing a work injury claim in Chicago, it is important to seek the advice of an experienced attorney. An experienced work injury attorney can help ensure that you as an injury victim understand all of your legal rights under compensation law and obligations and can provide guidance throughout the entire compensation litigation process.

A personal injury lawyer can review your case, whether it involves repetitive stress leading to a permanent disability or any other circumstances, and guide the most suitable course of action for your specific situation.

They will also be able to help negotiate with insurance companies, compensation adjustors, and employers to make sure that you get the financial compensation you are entitled to.

The attorneys at Ktenas Injury Attorneys have years of experience helping injured workers in Chicago receive the compensation payment they deserve for their work-related injuries. 

FAQs About Workers Compensation

Workers' compensation is insurance for employees who are injured or become ill on the job. It covers medical treatment, wage replacement, and other benefits. Employers are usually required by law in most states, and they pay the premiums for this coverage.

A workers' compensation claim generally covers any injury or illness related to and occurring during employment, including accidents and illnesses caused by exposure.

How Long Do I Have to File a Workers Comp Claim in Illinois?

If you have been injured while working in the state of Illinois, it’s important to understand your rights and how long you have to file a workers compensation claim. Typically, an employee has 45 days from the date of the injury to report and file a work-related injury claim with their employer, regardless of the type or severity of the injury be it foot or lung injuries or fatal workplace injuries.

At this time, the employer must notify their worker's compensation insurance carrier that an injury has occurred. The insurance carrier then has 14 days to accept responsibility for the claim or deny it. If the claim is accepted, the employee is eligible for medical and wage benefits.

If a claim is denied, the employee may have up to 3 years from the date of injury to file an appeal with the Illinois Workers’ Compensation Commission. It’s important to note that this timeline can vary depending on the facts of the case. If you have been injured on the job, it’s best to contact a qualified workers' compensation attorney to discuss your options.

Will Workers Comp Pay My Medical Bills?

If you have been injured at work in Chicago, the Illinois Workers’ Compensation Act (IWCA) requires your employer to pay your medical bills resulting from a work-related injury. The IWCA also provides wage replacement payments to you if you are unable to work due to an injury or illness caused by work activities.

a man with an arm injury filling out a work incident report

When filing a claim for workers’ compensation benefits, you should contact a qualified lawyer to help ensure that your rights are protected and that you receive the full amount of benefits to which you are entitled. An experienced workers’ compensation attorney can advise you on what types of medical and wage replacement payments are available under the IWCA.

Can I Choose My Own Doctor?

In Chicago, you have the right to choose your doctor for a work-related injury or illness. However, if your employer has an approved list of doctors that are available for work-related injuries, then you must select a doctor from the list.

It is important to understand that you may need to wait longer for an appointment and receive less comprehensive medical care from these providers than if you had selected your doctor. Additionally, if you select a doctor not on the employer’s list, you may be responsible for the full cost of your medical care.

What to Do if Your Workers' Comp Claim Is Denied

If your workers' comp claim is denied in the Chicago area, it can be a difficult situation to navigate. It's important to understand your rights and options after a denial so that you can work towards getting the compensation that you deserve. Here are some steps to take if your Chicago workers' comp claim has been denied:

  1. Understand Your Denial Notice: The first step is to understand the reason why your claim was denied. The denial notice should provide you with details about why the claim was rejected, such as insufficient evidence or medical records.
  2. Gather Supporting Documentation: Once you understand why your claim was denied, work to gather any additional documentation that could support your case. This could include medical records, witness statements, photographs of the accident scene, and more.
  3. Appeal the Denial: If your claim has been denied, you should consider filing an appeal with the Illinois Workers’ Compensation Commission. This is a formal process and you will need legal representation to ensure that your rights are properly protected throughout the process.
  4. Contact Your Employer: If your employer is responsible for workers’ compensation insurance, contact them to inquire if there is any other information they may have that could help your appeal.

Following these steps can help you get the workers’ compensation benefits that you are entitled to in the Chicago area. If you encounter any issues or need additional help, contact an experienced personal injury attorney from Ktenas Injury Attorneys. Contact us today for a free consultation.

A significant number of individuals in the United States, and around the world, experience injuries from dog bites each year. To ensure safety, it is important to recognize signs of dog aggression or potential bite warnings. If you or someone you know has experienced a dog bite, we understand that there may be difficulties in paying for medical costs and managing emotional distress and trauma.

If you've been bitten by a dog, our dog bite injury lawyers at Ktenas Injury Attorneys can provide a free consultation with no obligation. During this consultation, we will explain your rights and the potential compensation you may receive for the bite incident.

Call our Chicago dog bite attorneys at (312) 300-2515 in order to obtain an evaluation of your case. We are here to assist you in filing a bite injury claim today.

Dog Bite Warning Signs

When it comes to dog bite preventive measures, understanding the obvious signs of a bite attack is essential. Dogs usually display several signs and behaviors that indicate they are feeling uneasy or threatened. These common dog bite signs can alert you to a potential attack and should be heeded as soon as possible in order to avoid being bitten.

Growling and Snapping

Growling and snapping are two signs of aggression in dogs. If you are around a dog that is growling or snapping, it's essential to immediately distance yourself from the animal to give them plenty of time and space to relax.

a dog barking at a man

Furthermore, if possible, if you are the owner of the dog, keeping records of these 'unruly' episodes can help identify the triggers behind such dramatic behaviors as well as allow your vet to properly diagnose the issue.

Lip Licking, Yawning, and an Avoidant Gaze

If you notice a dog licking his lips frequently (even without there being any food around), showing signs of excessive yawning, and gaze avoidance in your presence, then it is likely that he may not be comfortable having someone so close so soon.

This usually happens around people that the dog is unfamiliar with, so it is important to remain patient with the dog and give him plenty of time to establish trust in his new environment.

Sclera Sighting

Another common dog caution sign is when a dog's sclera, the white part of the eye, is visible. This happens when a dog is so overwhelmed or fearful that they can't turn their head, and instead, they shift their eyes away from the source of fear.

Related: How Liability is Determined for Dog Bite Claims in Chicago

It looks like a stark white patch on the outside corner of their eyes and when this— alongside lip-licking, growling, and raised hair—is seen in combination with body immobility, it is usually an indication that your dog is feeling threatened.

Rigid Stance

If you notice that your dog has a rigid body, it is a sign that they are not in a comfortable state. This can be in response to tension between another animal or person, fear, or anxiety. A typical rigid stance may involve the dog having a stiff body and elevated tail, whilst keeping their ears upright. The upright tail position is often accompanied by their pupils widening and possibly growling should the situation escalate further.

Raised Hackles

Raised hackles are a common sight among dogs. They typically appear when a dog is feeling fearful, anxious, excited, nervous, or angry. If your pet's hair stands up down the neck, back and tail area, it's best to give them some space and time to cool off before approaching them again. Reacting in an aggressive manner will only heighten their distress and make the situation worse for everyone involved.

Tucked-away Tail and Cowering

A tucked-away tail and cowering are signs that the dog is afraid of you. This fear may be the result of physical or emotional trauma or just a lack of trust towards its owner, so it's important to take this warning sign seriously.

a large Labrador barring its teeth

Even if your dog never shows the intention of biting, if pressured to interact against his will, he could feel unsafe and lash out in defense. The best way to build trust is by allowing him to come to you when he is ready - talk calmly when he’s around without trying to touch him, and feed him treats occasionally.

How to Prevent a Dog Bite

The best way to prevent dog bites is to be cautious and use good judgment when interacting with canines. A basic rule of thumb is to never pet or reach out to dogs that are unfamiliar. It’s important to always ask a dog’s owner for permission before you attempt to interact with their pet.

Once the permission has been granted, let the dog sniff your closed hand before you start petting them. This allows them time to get used to your scent and builds a sense of trust and security in the animal. When you do start petting the dog, avoid petting it on its head or back; instead focus on their shoulder and chest areas.

Learn More: Are Dog Bites Covered By Insurance?

Dogs also need privacy while sleeping, eating, and nursing puppies; so refrain from attempting any interaction during such times as this may agitate them and cause an attack. By following these simple steps, avoiding aggressive behaviors near canines, taking note of body language (such as growling), and respecting their boundaries you should be able to minimize your risk of encountering a canine-related bite incident.

What to Do if You're Bitten by a Dog

If you have been bitten by a dog, it is important to act quickly for your own health and legal safety. First, use warm, soapy water to clean the area immediately. This can help reduce the risk of infection. Then seek medical attention if needed. Even if the bite seems minor, the doctor can make sure that no further problems develop.

Next, report the incident to local animal control authorities right away. It is crucial to provide all relevant information you have about the dog or puppy that bit you - such as its owner's name and contact information - so that they can take appropriate action against it.

Furthermore, if the animal was a stray, providing details of what it looks like and which direction it went when it ran off may help in tracking down the offending pet and preventing another potential bite victim from suffering a similar experience.

If you or a loved one has been bitten by a dog, don't hesitate to seek legal guidance from an experienced Chicago injury lawyer. Your rights and well-being matter, and we're here to help you navigate the legal process. Contact us today for a free consultation and let us file your dog bite claim and fight for the compensation and justice you deserve.

When a person has been injured due to someone else's negligence, they are often entitled to file a claim to pursue compensation for their pain and suffering. Pain and suffering are intangible forms of damage that can be difficult to quantify in a personal injury lawsuit case. It encompasses both physical and mental anguish caused by the injury to the accident victim, as well as any associated loss of enjoyment of life.

When a person is injured due to another party's negligence in a personal injury case, they may be able to seek compensation for their chronic pain, emotional trauma, and suffering. However, it can be difficult to quantify this type of damage in a court of law.

Injured individuals need to gather evidence such as medical records, witness testimonies, photos of the accident scene, and any other relevant documents that can help demonstrate the extent of their suffering due to the injury.

Call Ktenas Injury Attorneys' experienced personal injury lawyers at (312) 300-2515 to discuss your case and for more information on the injury claims process.

Damages Awarded for Pain and Suffering

Pain and suffering is a type of non-economic damage in personal injury cases. These damages compensate victims for physical and emotional distress, such as pain, fear, inconvenience, loss of quality of life, and more. Pain and suffering awards are typically determined by the extent of the bodily injuries and associated medical bills for severe injuries.

In most cases involving physical injuries, damages for pain and suffering are awarded on top of economic damages, such as medical costs and lost wages. In some cases, punitive damages may also be awarded to punish a defendant for their reckless behavior or intentional harm.

Economic Damages

Economic damages are part of a settlement awarded to a plaintiff in a personal injury case. These damages are awarded to compensate the plaintiff for any economic losses they have incurred as a result of their injury. Economic damages can include past and future medical expenses, lost wages, and loss of earning capacity.

For example, if John was injured in a car accident due to another driver’s negligence, he might be entitled to compensation for past hospital bills, future medical costs, lost wages due to missing work, and any other expenses he has incurred as a result of the accident.

Non-Economic Damages

Non-economic damages refer to the pain and suffering associated with a personal injury case. This can include mental pain and suffering, post-traumatic stress disorder, mental anguish, emotional injuries, wrongful death, loss of consortium or companionship, and disfigurement. These types of damages are subjective and difficult to quantify in terms of monetary value.

Physical pain and suffering refers to the physical discomfort from an injury that is experienced by the victim. This includes pain, discomfort, and limited mobility associated with the injury.

a gavel and clipboard with an injury claim form and pen on a desk

Mental anguish refers to the emotional distress a person experiences as a result of their injury. This can include fear, distress, anxiety, depression, humiliation, or any other type of psychological suffering due to the injury.

Loss of consortium or companionship is awarded in cases where an injury has caused a victim to be deprived of the companionship or love of a spouse or family member.

In most cases, non-economic damages are awarded on top of economic damages to help compensate victims for their pain and suffering. The exact amount awarded can vary depending on the extent of injury and other factors such as medical expenses and lost wages.

Calculating Damages for Pain and Suffering

Pain and suffering is one of the most common forms of damages sought by plaintiffs in a personal injury case. Pain and suffering can refer to physical pain, mental anguish, emotional distress, loss of enjoyment of life, and other forms of non-economic hardship resulting from an injury.

The calculation of damages for pain and suffering varies depending on the jurisdiction and case law in the area. Generally speaking, damages for pain and suffering are calculated using the per diem method and the multiplier method.

Damages are awarded as a multiple of the plaintiff's economic damages, with the specific multiplier varying depending on the severity of the injury and other factors. In certain situations, punitive damages may also be awarded to penalize a defendant for their reckless behavior or intentional harm.

Pain and suffering are a form of non-economic damage in personal injury cases that compensates victims for physical and emotional distress. These damages can include physical pain, mental anguish, emotional distress, loss of consortium or companionship, and more.

Economic damages are typically awarded on top of non-economic damages to help compensate the victim for their losses. The exact amount of damages awarded will depend on the extent of injury and other factors such as medical expenses and lost wages.

Multiplier Method

The multiplier method helps calculate damages in personal injury cases. It involves multiplying special damages by a number between 1.5 and 5, based on injury severity. A higher multiplier indicates more pain and suffering. For example, if John had $10,000 in medical bills from a car accident caused by someone else, he may receive compensation for pain and suffering. If the multiplier is 4, his total award would be $40,000 ($10,000 x 4).

If you have been injured due to someone else's negligence, you may be experiencing physical and emotional pain and suffering. Pain and suffering can include medical expenses, lost wages, physical impairment or disfigurement, loss of enjoyment of life, psychological trauma, emotional distress, loss of companionship, and more.

Calculating damages for pain and suffering can vary depending on the jurisdiction and factors such as severity of injury, medical expenses, and lost wages.

Does Your Injury Claim Include Damages for Pain and Suffering?

To get the compensation you deserve, it is important to speak with Ktenas Injury Attorneys an experienced personal injury law firm. Contact Ktenas Injury Attorneys' personal injury lawyers for more information.

Having an insurance claim be wrongfully denied can be difficult and frustrating. To resolve the issue, it's important to know your rights and take the necessary steps. Here are some tips:

These steps can help you resolve your denied health insurance carrier claim.

For additional help call Ktenas Injury Attorneys at (312) 300-2515 to discuss the insurance claims appeal process today. Our Chicago bad-faith insurance attorneys offer free consultations to review your case and discuss your legal options with you.

The Insurance Claim Process

The auto and health insurance providers' claim process can vary depending on different factors. It is important to read your health insurer's policy and explanation of benefits to understand the eligibility criteria and submission requirements.

Contact your insurance provider and inform them of the situation. They will review your auto or health plan policy and decide whether to accept or deny the claims for treatment. If you disagree with their decision, you can provide additional evidence to support your claim. This may include medical bills or property damage repair estimates.

If the auto or health care provider claim is still denied, you may need legal advice or file a complaint with the state's insurance department. The claim process can be lengthy, so patience and persistence are key.

a rejected insurance claim form on a desk

Denied auto or medical necessity insurance claims are frustrating and disheartening. Auto insurance or health insurance claim denial can happen due to administrative errors, missing information on claim forms, or the claim not being covered by the policy.

Knowing the types of denied insurance claims can help you prepare for what to expect when filing a claim. Providing inaccurate information on claim forms can disqualify you from coverage. Read your policy carefully to understand what may not be eligible for claims. Pre-existing conditions may be excluded from coverage.

Some policies may require additional evidence of losses. Insurance companies have strict deadlines for filing and processing claims, so review your policy for any time-sensitive requirements.

What to Do if You Think Your Claim Was Incorrectly Denied

If your insurance claim is denied, the first step is to understand your policy. Review the details to see if your request is covered. Look at the summary of benefits and exclusions for coverage. Read the entire policy to know all the requirements.

If you have questions, contact your insurer. If you are unsatisfied, contact an independent review organization or consumer assistance program to review your claim. You can then file an appeal with additional evidence. This could be medical bills or repair estimates. Your insurer will review and decide.

FAQ: How Long Does an Insurance Company Have to Pay a Claim?

If the appeal fails, seek legal advice or file a complaint with the state's insurance department.

Reading Your Insurance Policy

To file an insurance claim, be informed. Read your policy thoroughly to understand what's covered. Verify that your requested services/products are included. Be aware of deadlines/exclusions that could affect reimbursement. Provide the necessary information for an informed decision.

Common Reasons for Claim Denials

Insurance claims may be denied for various reasons. It's important to know these reasons so you can take steps to prevent denial. Inaccurate information is a common cause of denial.

Fill out claim forms accurately and completely to avoid this. Pre-existing conditions may also be excluded from coverage, so understand your policy's limitations when filing a claim for a pre-existing condition.

Determining the Reason for the Claim Denial

Insurance claim denials can be frustrating and time-consuming. To resolve the denial, start by understanding why it happened. Insurance companies must provide written notification with an explanation for the denial. This information will help you decide if you need to take further action.

Common reasons for insurance denials include inaccurate information, pre-existing condition exclusions, a gap in insurance coverage or the requested service/product not being covered by your policy.

How to Appeal a Wrongfully Denied Insurance Claim

If your insurance claim is denied, there are steps you can take to reverse it.

First, read the denial letter carefully to understand the reason for the denial. The letter should provide an explanation and any steps you can take to fix the issue. If possible hire a public insurance adjuster, and file an appeal with your insurance company by providing additional evidence to support your claim.

a blank insurance claim form, glasses, and pen on a desk

This evidence can include urgent care medical bills or repair estimates. If your appeal is unsuccessful, consider seeking legal advice or filing a complaint with the state's insurance commissioners. department. An attorney can help you file a bad-faith insurance lawsuit if needed.

Gathering Evidence and Documents to Support Your Appeal

To handle a denied insurance claim, gather evidence and documents to support your appeal. Provide proof to the insurance company that your claim should be accepted. Follow these tips: Review your policy carefully.

For health insurance denials gather medical records, including test results and doctor's notes. Collect receipts and estimates for reimbursement. Obtain statements from relevant parties to support your claim.

Submitting an Appeal to Your Insurance Company

If your insurance claim is denied, you can appeal it. You can review the denial letter to understand why it was denied. Gather all necessary evidence and documents to support your appeal.

Submit an appeal letter to your insurance company explaining why your claim should be accepted. Follow up regularly until you receive a response. If needed, contact the state's insurance department.

Following Up on Your Appeal with Internal Review or External Review

Getting a denial for your insurance claim from one of the giant insurance companies or commercial insurance companies can be disheartening. But don't worry, there are still things you can do.

Can an Attorney Help With a Wrongfully Denied Insurance Claim?

If your auto or health insurance claim file is denied, you may feel frustrated and helpless. You might not know where to start or how to appeal the auto or health care insurance decision.

But don't worry, Ktenas Injury Attorneys can assist you. Our experienced team understands the stress and frustration that comes with a denied claim. Our injury attorneys in Chicago will guide you through the appeals process, gather the evidence you need, and even represent you in court if needed.

Contact us now to get your insurance claim approved.

If you’ve been hit by a drunk driver, it is important to take certain steps to protect your rights and ensure that you are properly compensated for any damages or injuries. Here are some steps to take after being hit by an intoxicated driver:

1. Seek medical attention from a medical professional. Even if you do not feel injured, it is important to get checked out to rule out any unseen injuries. Also, ensure you get a copy of your medical records.

2. Call the police and report the incident. Make sure to get a copy of the police accident report for your records. The police officer should also arrest if they find probable cause that the driver was driving under the influence of alcohol or drugs.

3. Collect evidence at the accident scene. Take pictures of any damage caused by the accident, as well as the driver’s license plate number.

4. Contact your insurance company to report the accident and provide them with any documentation you have collected.

5. Speak to a personal injury lawyer experienced in drunk driving cases. A drunk driving accident lawyer can help you navigate the personal injury lawsuit legal process and fight for your rights in court.

6. File a personal injury claim against the impaired driver or their insurance company for damages caused by the accident.

7. Be prepared to testify in court if necessary.

Being involved in a car accident with a drunk driver can be a challenging experience for accident victims, and it is crucial to take the necessary actions to ensure you receive fair compensation for any harm or damage caused.

If you find yourself in this situation, it is important to follow these steps to safeguard your rights, seek legal help, and consider reaching out to Ktenas Injury Attorneys experienced personal injury lawyers in Chicago for additional support.

The Dangers of Drunk Driving

Drunk driving is an extremely dangerous activity that puts everyone on the road at risk. Unfortunately, many people continue to drive under the influence of alcohol and other drugs, despite laws in place to deter them from doing so. When a person is hit by a drunk driver, it can have serious consequences for their physical, emotional, and financial well-being.

a person laying in the street after being hit by a drunk driver

The most immediate danger of being hit by a drunk driver is the potential for serious injury or death. In addition, victims of drunk driving accidents can suffer from emotional distress and financial hardship due to medical bills, lost wages from missed work, and other costs associated with the accident.

It is important to hold drunk drivers accountable for their actions and take steps to prevent future accidents. If you have been hit by a drunk driver, it is important to seek legal help and pursue justice. Contact Ktenas Injury Attorneys for further advice and guidance.

Immediate Steps After An Accident

After an alcohol-related accident, it is important to take the following steps immediately after the accident.

Call the Police

If you are involved in an accident with a drunk driver, it is important to call law enforcement and report the incident. The police will come to the scene and take statements from both parties involved, as well as any witnesses.

They will also check to see if the other driver was drinking and gather evidence of intoxication such as conducting a field sobriety test and checking for signs such as slurred speech. If the other driver is intoxicated, they will be arrested and charged with Driving Under the Influence (DUI).

Seek Medical Attention

If you have been hit by a drunk driver, seeking medical treatment should be your priority. You must get evaluated and treated by a healthcare professional as soon as possible. Even if you don’t feel any physical pain or discomfort, there could be hidden internal injuries that would require immediate medical attention.

Related Questions: Can I seek compensation for future medical treatment?

Additionally, it’s important to document any injuries that may have occurred due to the accident for future legal proceedings.

Document the Scene

If you’ve been involved in an alcohol-related crash it’s important to document the scene of the accident. This is critical for insurance and legal purposes. Take pictures to capture the overall scene and any damage done to both vehicles. Make sure you get close-up shots of the car that hit you, including its license plate and any other identifying details.

a drunk driver falling asleep at the wheel of the car

You should also take note of any changes in the environment since the accident, such as broken glass or spilled liquids. Additionally, exchange auto insurance policy information with the other driver and get contact information from any witnesses to the accident.

Collect Contact Information from Witnesses and Other Drivers

If you have been involved in an accident that was caused by a drunk driver, one of the most important steps is to collect contact information from any witnesses and other drivers who were present at the scene.

Witness testimony can be invaluable when it comes to proving fault in a car accident case involving a drunk driver. If there are other drivers involved, their statements and evidence could also be used to prove negligence in court.

Contact Your Insurance Company

If you've been hit by a drunk driver, it's important to contact your insurance company as soon as possible. The sooner you notify them, the better they can protect your interests.

Depending on the state in which the auto accident occurred and the coverage you have, your insurance company may be able to provide you with compensation for medical bills, property damage, and other losses related to the accident. They may also be able to help you with the legal process of holding the other driver responsible.

FAQ: How long does an insurance company have to pay an accident claim in Illinois?

Resolving Your Situation After an Accident with a Drunk Driver

If you have been hit by a drunk driver, you may feel overwhelmed and unsure of what to do next. It is important to remain calm and remember that the steps you take can help ensure that your rights are protected and that your medical bills, wage loss, and other losses are paid for. Here is an outline of the steps you should take after an accident with a drunk driver:

Filing a Claim with the Driver’s Insurance Company

If you’ve been hit by a drunk driver, it’s important to take the appropriate steps to ensure that you receive compensation for your medical bills and other damages. Filing a personal injury claim with the driver’s insurance company is one of those steps.

the aftermath of a car accident where one of the drivers was drunk

Once you have gathered all of the necessary information related to the incident, such as police reports and witness statements, contact the driver’s insurance company and start the claims process.

Hiring a Personal Injury Attorney for Assistance

Drunk driving accident victims may be wondering what to do next. One of the most important steps is to hire a qualified accident attorney to help you seek compensation for your losses. An experienced car accident attorney can help you throughout the entire process and can ensure that your rights are being upheld.

When it comes to dealing with insurance companies, an experienced personal injury attorney can help you secure a fair settlement. They can also represent you in court if necessary and make sure that the other party is held accountable for their actions.

Consider Whether to File Criminal Charges Against the Driver

If you've been hit by a drunk driver, the first and most important thing to do is seek medical attention. Once you have been checked for any injuries, you should then consider whether or not to file criminal charges against the driver.

Whether or not you decide to take legal action against the driver, you must remember that drunk driving is illegal and can be extremely dangerous.

Understanding the Different Types of Damages You May be Entitled to Receive

If you’ve been hit by a drunk driver in Illinois, it’s important to understand the different types of damages you may be entitled to receive. Depending on the severity of the accident and the extent of your injuries, you may be eligible for compensation for damages both economic and non-economic damages.

a gavel next to a personal injury law book on a desk

Economic damages are those which have a specific monetary value attached. This could include medical expenses, lost wages, and property damage. Non-economic damages are those which do not have a specific monetary value attached. This could include pain and suffering, mental anguish, and loss of enjoyment of life.

Call Ktenas Injury Attorneys Today for a Free Consultation

After being hit by an alcohol-impaired driver, you may find yourself feeling overwhelmed and unsure of what to do next. In the aftermath of an accident such as this, it’s important to get the help and support you need to recover from your injuries and move forward. That’s why we recommend that you call Ktenas Injury Attorneys for a free consultation today.

Our experienced attorneys can help you secure the monetary damages compensation you need and deserve. We understand that every drunk driving crash case is unique, and we are here to fight for your rights. Contact us today to learn more.

A preexisting condition is an injury, illness, or disease that occurred before the accident. To be eligible for compensation, the claimant must prove that the incident did not worsen their preexisting conditions in an injury claim.

Preexisting conditions complicate injury claims because it's hard to determine the extent of the injury caused by the accident. Insurance companies may argue that the injury was preexisting, not caused by the incident. They may only compensate for additional injuries, not preexisting conditions.

Claimants may require medical records and testimony from professionals. A skilled personal injury lawyer can assist in negotiating a fair settlement for the injured party, even in cases involving previous injuries.

Contact Ktenas Injury Attorneys, experienced Chicago personal injury lawyers, at 312-300-2515 for further information about potential legal action and legal advice.

What is a Pre-Existing Condition?

Before making an injury or accident claim, it's crucial to understand that a pre-existing condition refers to an injury or illness that a person already had. This condition can have an impact on the outcome of legal proceedings and may limit the amount of damages awarded.

a woman holding her leg after a car accident

Pre-existing conditions can encompass physical or mental health issues, chronic illnesses, prior injuries, or disabilities. When calculating damages, it's important to take into account the aggravation of a pre-existing condition.

How Does it Affect Injury Claims?

Pre-existing conditions can affect injury claims differently than injuries caused by the incident. They existed before the injury and may have worsened it. When filing a claim, consider the impact of pre-existing conditions. The insurance company may argue that the injury was pre-existing to minimize insurance claim liability. To prove otherwise, provide medical records and professional testimony. Include the pre-existing condition's diagnosis, duration, and aggravation by the accident.

Insurance Company and Pre-Existing Conditions

Pre-existing conditions can affect injury claims, as insurance companies may deny coverage or reduce compensation based on them. It's important for individuals seeking fair compensation and protecting their rights to understand how insurance companies view pre-existing conditions.

Insurance Companies and Pre-Existing Injuries or Medical History

Insurance companies factor in pre-existing injuries or medical history when assessing claims. If a pre-existing condition caused or contributed to an injury, the insurance company may not cover all expenses. For example, if someone has a history of back pain and is in an accident that worsens it, the insurance company may only cover a portion of the costs.

It's worth noting that pre-existing conditions can still be part of a settlement, even without proof of aggravation.

Insurance Adjusters and Fair Settlement for Pre-existing Conditions

Insurance adjusters have a challenging job. They determine the amount of money to give to injured individuals. This can be difficult if the injured person has previous conditions. Adjusters consider many factors to ensure a fair settlement.

When determining a settlement for pre-existing conditions, insurance adjusters may consider the following factors:

Personal Injury Attorney and Pre-Existing Conditions

If you get hurt because of someone else's negligence, you can file a personal injury claim. You have to prove that the other party was negligent and that their negligence caused your injury. It can be more complicated if you have pre-existing medical conditions.

a person holding their knee due to a pre-existing injury

To get full compensation, you need a good personal injury attorney. They can prove that the fault party caused your injury and made your pre-existing injury worse. They can also negotiate with insurance adjusters for a fair personal injury lawsuit settlement.

How Can an Accident Victim with a Pre-Existing Condition Get Fair Compensation?

Pre-existing conditions are injuries or illnesses that existed before an accident. Victims with pre-existing conditions can still make injury claims, but it can be harder.

The injury victim must disclose their original injury, get immediate medical treatment, and keep records of all related medical expenses and evidence from medical experts. This evidence can prove that the wrongful actions of the at-fault party in the accident worsened or aggravated their injuries and that they deserve fair compensation. They may also need evidence of any changes in lifestyle or financial losses due to their pre-existing condition.

Medical Records: Impact on Injury Claims

Medical records are crucial for injury claims. They determine the outcome and serve as evidence for preexisting conditions. These conditions can complicate matters due to their connection to prior health issues.

Medical records prove the severity and impact of the condition, as well as any lifestyle or financial changes. Collecting all relevant records related to aggravated injuries before filing an injury claim is essential for an accurate medical history.

The Importance of Updating Medical Records Before Filing a Claim for Compensation

If someone is injured before filing a compensation claim, they need accurate medical records. Updating records is important to prove the injury was worsened by an accident. Even after filing a claim, records should still be updated to show changes in life or financial losses caused by the condition.

a woman looking at her x-rays after a car accident

This is important for those with pre-existing conditions, as insurance companies may argue they are unrelated. Updated records increase the chances of a fair settlement.

What Information is Necessary to Document the Condition Worse Than Before the Accident?

Proper documentation is crucial to make a successful claim for a worsened preexisting condition due to an injury. This includes medical records, doctors' notes, and diagnostic test results. Keeping a pain diary or journal can also help.

Claimants should provide evidence of lifestyle or financial losses, such as decreased work hours or wages, medical bills, and expenses. Emotional distress and decreased quality of life should also be documented for a fair settlement.

Call Ktenas Injury Attorneys Today!

If you have been injured due to someone else's negligence, consider reaching out to Ktenas Injury Attorneys. They specialize in handling personal injury claims and will diligently work to help you receive the compensation you deserve. Contact us today for more information.

There are three types of torts intentional torts, strict liability torts, and negligent Torts. When negligent tort occurs, someone fails in their duty of care and causes harm to another person. To establish liability for a negligent tort, four elements must be considered: duty, breach, causation, and damages. If all four elements are proven, the responsible person can be held accountable for the victim's damages. If any of these elements are missing, there is no negligence claim.

Each type of tort case is unique and must be evaluated independently to determine if a negligent tort has occurred. Contact Ktenas Injury Attorneys experienced personal injury attorneys for further details.

What Is Negligence?

Negligence is when someone is careless and causes harm, making them responsible for damages.

What Are the Elements of a Negligence Claim?

Negligence happens when someone doesn't take reasonable care and causes harm to another person. To make a successful negligence claim, the plaintiff must show that the defendant had a duty of care, breached it, and caused damages.

The four elements of a negligence claim can be broken down as follows:

1. Duty of Care: The defendant must have had a legal obligation to act in a certain way towards the plaintiff. This is judged by considering what a reasonable person would have done in the same situation.

2. Breach of Duty: The defendant must have failed to act as a reasonable person would and caused harm to another party.

3. Causation: It must be established that the defendant’s breach of duty was responsible for causing the plaintiff’s damages. This means it must be determined that the defendant’s actions were the actual cause of the harm or damage suffered by the plaintiff.

4. Damages: It must be established that some form of harm or loss was suffered as a result of the defendant’s breach of duty.

If all four elements are established, then a negligent tort has occurred and the person responsible for the injury can be held liable for the damages suffered by the victim.

Types of Negligent Torts

Negligent torts are civil wrongs that arise from careless or reckless conduct. These types of torts involve a duty to exercise reasonable care to prevent harm to another person, property, or reputation. Negligent torts can give rise to expensive legal action and settlements if the injured party can establish negligence. Several types of negligent torts can occur, including:

a book on tort laws next to a gavel on a desk

Negligent Infliction of Emotional Distress

Negligence causing emotional distress is when someone's carelessness or recklessness makes someone else suffer emotionally. It's hard but possible and usually involves the defendant breaking their duty and hurting the plaintiff emotionally. They can be intentional infliction or accidental wrongful actions.

Pedestrian Accidents

Negligent tort happens when someone acts carelessly or recklessly, causing harm or personal injury to another person. In pedestrian accidents, a negligent tort can occur if a driver doesn't take the necessary steps to prevent hurting a pedestrian.

For example, in an automobile accident, if a driver is speeding in a neighborhood where children are playing, they may not see a child crossing the street in time and cause an accident.

In this case, the driver can be held responsible for negligent tort because they had a duty to take reasonable measures to avoid causing harm to the pedestrian.

Defective Products

Negligent tort happens when a party fails to exercise reasonable care in making a product. This results in a dangerous product that harms consumers. Negligent torts on defective products can be caused by things like a lack of safety guards and warnings. In these cases, the manufacturer is held responsible for negligent tort.

False Imprisonment

False imprisonment is a negligent tort. It happens when someone unlawfully restrains or confines another person without their consent. This can be done physically or psychologically. Generally, it involves holding someone against their will, and for no good reason.

a book on negligence with a stethoscope sitting on top with more books in the background

To determine if false imprisonment occurred, the court looks at the accused's intent, the duration of the confinement, and the method used. If proven, the victim can be awarded damages.

Legal Standard of Care in Negligence Cases

To determine negligence, the legal standard of care must be met. This standard is based on what a reasonable person would do in the same situation.

If someone doesn't meet this standard, they may be held responsible for negligent tort. It can be hard to recognize and prove negligent torts, but understanding the types and evaluation by the court can help injured parties seek compensation.

The Reasonable Person Standard

Negligence happens when someone fails to act reasonably, causing harm to another person. It is determined by looking at what a "reasonable" person would have done in the same situation.

To prove negligence, it must be shown that the defendant acted negligently and that this directly caused harm to the plaintiff. The reasonable person standard is used to determine if the defendant's actions fell below what a reasonable person would do. If they did, they can be held responsible for negligence.

Duty of Care Owed to Others

Negligence occurs when someone fails to take reasonable steps to avoid causing harm to another person. This can happen in many ways, such as a manufacturer not providing proper safety warnings resulting in physical harm or a doctor not diagnosing an illness promptly or providing the necessary level of care.

If it is proven that the person breached their duty of care and caused injury or loss, they would be held responsible for negligence.

Determining if Liability Exists for a Negligent Tort Claim

Negligence torts are civil wrongs caused by someone's carelessness that harm or cause loss to another person. To prove a negligent tort law claim, four elements must be established: duty, breach of duty, causation, and injury.

Establishing Breach of Duty and Causation

Under the concept of tort law negligent torts occur when someone fails to act with reasonable care, causing harm. To prove a negligent tort, the plaintiff must show that the defendant had a duty of care, breached it, and caused direct damage.

First, the plaintiff must establish the duty of care by looking at relevant laws or regulations.

Next, they must prove that the defendant breached this duty by comparing their actions to what a reasonable person would do.

negligence paperwork next to a pen and gavel

Then, they must show that the plaintiff suffered a loss or injury due to the defendant's actions.

Finally, they must establish a direct link between the defendant's breach and the actual injury.

Negligent torts can cause significant harm, so it's important to seek legal advice from a personal injury lawyer if you believe you've been affected.

Damages Awarded for Negligence Claims

Negligent tort occurs when someone's negligent actions cause harm to another person. It can be physical, financial, or psychological and leads to a lawsuit.

The court determines fault and may award damages to the injured party. The amount of compensatory damages depends on factors like injury severity and pain experienced.

Damages can include medical bills and medical expenses, lost wages, pain, and emotional distress. Punitive damages may be awarded in cases of reckless actions.

Monetary Compensation for Injury or Property Damage 

If you have been injured or had personal property damage due to someone else's negligence, you may be entitled to proper compensation.

Ktenas Injury Attorneys can help determine if a negligent tort occurred and what criminal charge damages can be sought. Negligent tort occurs when someone fails in their duty of care and causes harm.

To prove negligence, you must show a duty of care, breach, and injury or loss. You also need evidence that the breach caused your injury or loss. Seek personal injury lawsuit legal advice promptly if you believe a negligent tort occurred, and determine your entitled compensation. Call Ktenas Injury Attorneys law firm today for further advice and support.

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