At Costa Ivone, LLC, we care deeply about accident victims who have suffered a physical injury because of someone else’s careless actions. If you have been injured because someone else did not exercise reasonable care, you deserve to recover compensation for your injuries.
Proving negligence becomes your pathway to justice and is the first step toward recovering costs for medical expenses, lost wages, and emotional distress. This guide is written for accident victims and their families — from truck drivers to parents of teen drivers.
By working with an experienced attorney, you can determine negligence, build a legal claim, and move forward in your personal injury lawsuit with confidence. Our goal is to help you understand how to build a personal injury claim and recover compensation through a clear and compassionate approach.
Proving Negligence in Your Personal Injury Claim
Everyone is expected to act like a reasonable person — as any other prudent person would under similar circumstances. In order to build your personal injury lawsuit, it must be confirmed that the other party involved owed you a duty of care.
A duty of care means a legal obligation to act safely. To recover compensation, you need evidence that clearly shows a breach of duty. A breach of duty means that he or she neglected his or her responsibility to exercise care.
You must also show causation. This means that the defendant’s negligence directly caused you personal injury.
Personal injuries include physical harm, tangible and economic losses or damage, and intangible injuries such as emotional distress. Your personal injury lawyer can help you gather compelling evidence that the defendant’s breach of duty was the cause of the harm you have suffered.
Remember to document every loss you have suffered, including:
- Immediate medical bills and long-term care expenses
- Lost wages or lost ability to earn income
- Emotional distress and psychological harm
- Transportation costs to and from medical appointments
What if you shared responsibility for what happened? Do not assume you are solely at fault and barred from recovering damages. Illinois is a modified comparative negligence state, which means you are allowed to recover compensation if you are less than 50 percent liable.
The amount of compensation you receive is lowered based on your degree of liability. When the insurance company tries not to pay you, you can enter settlement negotiations with them even if you are not at the 50 percent liability threshold. If an agreement is still unreachable, you and your legal team can pursue a personal injury lawsuit.
This differs from the many states that operate under a contributory negligence system. In such states, even if you have barely any liability, you are barred from recovering compensation.
How a Personal Injury Lawyer Supports Your Negligence Claim
A personal injury lawyer is a vital partner in proving negligence in personal injury cases. At Costa Ivone, LLC, our team has a proven track record of helping accident victims recover compensation when the defendant’s negligent behavior causes injuries. We’ll work with you to collect every piece of compelling evidence needed to build a strong case on your behalf.
Why is it so important to work with a lawyer? Every accident is different, with its own unique circumstances. Additionally, not every accident victim faces the same challenges. In many personal injury cases, bias can cloud the facts.
Overcoming Bias and Building Your Negligence Claim
For many accident victims, such as the following, bias can be a major challenge.
Insurance companies, police reports, and even court decisions sometimes assume that the injured party is at fault, especially when multiple factors are involved.
Drivers in truck accident negligence cases
Truck accidents tend to be more complex than most personal injury cases. Long hours on the road, relentless schedules, fatigue, and constant regulatory pressures can make it challenging for truckers to avoid accidents.
When fatigue sets in, even a slight lapse can result in a car accident. With strong evidence, a truck driver can pursue a negligence claim and recover compensation for medical expenses, lost wages, and emotional distress, even if multiple factors contributed to the accident.
The Federal Motor Carrier Safety Administration (FMCSA) sets strict limits on driving hours and requires meticulous record-keeping for all truckers. These regulations are designed so that every driver, whether a truck operator or a motorist, can exercise reasonable care and help establish liability when a defendant fails to do so.
What if a trucker isn’t at fault or the other involved parties share responsibility? All too often, truckers are unfairly targeted after an accident, which is why evidence from a truck’s black box is so crucial.
Compelling evidence such as black box data and drivers’ logs plays a vital role in demonstrating a driver’s liability — or lack thereof. Black boxes record detailed data on vehicle performance and driver actions, while drivers’ logs provide a documented record of driving hours, breaks, and adherence to regulatory requirements.
If you are a motorist involved in a collision with a truck, you also have legal options to recover compensation.
Due to the disparity in size between trucks and other motorists, the injuries tend to be more severe for those in the smaller vehicles.
Potential injuries include:
- Whiplash
- Broken bones
- Head trauma
- Internal injuries
- Psychological harm including post-traumatic stress disorder (PTSD)
These injuries not only cause physical pain but can also lead to high medical expenses, lost wages, and long-term emotional distress.
Whether you are a trucker or another type of motorist, if you were hurt in an accident that was not your fault, you have the right to seek the maximum compensation possible.
Personal injury victims with past violations or criminal records
Individuals with a history of driving violations or a criminal record may face unfair skepticism after a personal injury accident. To successfully pursue an insurance claim or a personal injury lawsuit, such claimants must overcome the assumption that their past affects the current claim.
It might seem easier to give up hope of justice when no one is liable for the personal injury incident. Rest assured: When the defendant’s actions are clearly documented as the proximate cause of the physical injury, any bias related to your legal history or previous driving violations can be set aside.
Families of teen personal injury victims
Parents of teen drivers often face tough challenges when their children are involved in personal injury incidents. Take, for example, teenage personal injury victims involved in car accidents.
With limited driving experience, teen drivers are statistically involved in many crashes. In 2022, among over 17 million teenagers aged 16 to 19, there were 3,212 crashes per 100,000 individuals.
Due to the inexperience of young drivers and their tendencies toward risk-taking behaviors and distractions, insurance companies often are biased against teen drivers. Insurers often assume a teen’s recklessness and inexperience are the sole causes of the accident — even when another driver’s negligent behavior is to blame.
The same bias carries over to other types of personal injury accidents with teenage victims. That’s why proving negligence in personal injury cases involving teenagers also hinges on proving that the defendant’s breach of duty was the actual cause of the accident, independent of the inexperience of the teen.
Proving negligence becomes complicated when the issue of parental liability is involved. Parents should work with a personal injury lawyer to ensure that every element of the negligence claim is documented.
Additionally, parents should talk to their kids about not posting details about the accident on social media. Social media posts can sometimes be used against the injured party, potentially affecting the evaluation of negligence.
If you were hurt by a teen, can you sue him or her? In most cases, parents are not typically held liable for the negligent actions of their minor children unless the child is young. In Illinois, if a teen’s intentional actions are willful or malicious, parents may be held liable up to $20,000.
Having a personal injury lawyer can help clarify the best course of action for your case. If a lawsuit doesn’t seem appealing, you may consider insurance negotiations, mediation, or even arbitration.
Let Us Help Build Your Personal Injury Negligence Case
Other personal injury cases also require a thorough process of proving negligence. Each type of incident has its own unique challenges and evidence requirements.
At Costa Ivone, LLC, our team is skilled at handling various personal injury claims, including:
- Bicycle accidents
- Boat accidents
- Dangerous drugs
- Defective products
- Dog bites
- Slip and fall
- Workers’ compensation
- Nursing home abuse
- Entertainment
- Negligence
- Rideshare accidents
- Wrongful death
- Medical malpractice
- Catastrophic injury
- Child injury
- Motorcycle accident
- Pedestrian accidents
- Premises liability
- Car and truck accidents
In all these cases, proving negligence means showing that the defendant neglected their legal duties.
Our personal injury lawyers can help you build a strong case by gathering compelling evidence, such as:
- Photographs of the hazard
- Maintenance records
- Medical records
- Witness statements
- Surveillance videos
Some cases may require working closely with expert witnesses to substantiate details of your claim.
Taking Charge of Your Future After an Accident
Every accident victim deserves to see justice served when a negligent act results in a personal injury. The injuries alleged in a personal injury lawsuit are not just physical — they also affect your ability to earn a living and your overall well-being.
At Costa Ivone, LLC, our team is committed to assisting accident victims who have suffered because someone else did not exercise reasonable care. If you have any questions or need additional information, our personal injury lawyer is available to review your case and provide guidance.
If you are ready to move forward with your personal injury lawsuit and recover compensation for medical expenses, lost wages, and other losses, contact our experienced personal injury lawyer today. The sooner you act, the quicker you can begin the process of recovering the compensation you need to get back on your feet.
Contact Costa Ivone, LLC, and start the process of recovering compensation for the injury and hardships you have endured. Schedule your FREE consultation today.
