What Is Fault?
Law Office Of James P. Leahy • June 26, 2020
When an accident causes you harm, your thoughts may eventually turn to the issue of recovering for your losses. The question that requires answering is “Who is at fault?” A court’s determination regarding which party has responsibility for causing the harm can affect the outcome when filing a legal action for relief.
The Illinois General Assembly website describes “fault” as an act or a lack of action that is a “proximate cause” of harm to another person or property. If your lawsuit can show how another party caused you harm, your circumstances could meet the standard required for a jury award.
How Do Courts Determine Fault in An Actionable Lawsuit?
The Cornell Law School defines “actionable” as a situation in which the circumstances or facts fulfill the requirements of a legal action to recover damages. This may not always translate into a straightforward process.
The court carefully reviews the facts and evidence to determine the factors that contributed to the accident. The jury also looks to assess the degree of fault contributed by each party. The evidence presented by both sides plus accident reports, video footage and witness testimony may all serve to help the jury decide.
Is an On-The-Job Accident a Workers’ Compensation Case or An Actionable Claim?
Workers’ compensation reflects a “no-fault” recovery method for medical expenses and lost wages. An employee injured on the job does not need to prove the harm resulted from workplace negligence or faulty equipment. Employees injured at work may apply for workers’ compensation benefits even if they were 100% responsible for causing their own injuries.
When gross or willful negligence causes harm to an employee, a worker may have an actionable claim against his or her employer. The fault could also reflect the negligence or carelessness of a third party, such as a truck driver making a delivery to a workplace. Product liability may also play a role in a worker’s injury, such as a defective machine injuring its operator.
Because of the many factors involved in assigning fault, careful consideration of the facts can help to determine whether the harm caused represents an actionable lawsuit.
When you get injured at work, you may be eligible for workers’ compensation under the law. Unfortunately, navigating the legal landscape of workers’ compensation in Illinois can be too overwhelming and complicated, especially when done without legal help. If that sounds like your situation, you might want to work with an experienced attorney who is familiar with workers’ compensation laws in Illinois. The attorney you hire will be your ally throughout your case and will help you fight for your rights to secure the compensation to which you are entitled. At James P. Leahy Attorney At Law, I understand the challenges injured workers face when trying to navigate the complexities of the workers’ comp system. I am dedicated to ensuring the best outcome possible for those injured on the job in Elgin, Illinois, and throughout the surrounding areas, including Kane County, St. Charles, and Aurora.
Workers’ compensation insurance is one of the most significant benefits that employees have in the modern workplace. However, even though they may know they’re covered by a policy, many people don’t know how to file a claim or don’t know what benefits are available to them if they do become injured. If you or a loved one has been hurt, it is essential to understand your rights, so you can take your next steps toward healing. One of the best places to start is by calling a workers' compensation attorney in your area. If you’re in Elgin, Illinois, or the surrounding areas—including Aurora, St. Charles, and Kane County— contact me, James P. Leahy Attorney At Law, to get started .
Being involved in a worksite accident can be incredibly frustrating. Luckily, as many workers know, employees who suffer a construction site injury or occupational disease may be entitled to pursue workers' compensation benefits, including compensation for medical bills and lost income. What many employees do not know is that they may also be able to file something called a ‘third-party claim.’ At James P. Leahy Attorney At Law, I have spent my career supporting and representing injured workers throughout Illinois. As an experienced personal injury attorney , I can investigate all of the facts of your case, identify the liable party, and seek to prove negligence. Additionally, I can help file a third-party claim, fight diligently for your rights, and guide you forward. My firm proudly serves clients across Elgin and throughout surrounding areas in Illinois, including St. Charles, Aurora, and Kane County. Set up a one-on-one consultation today.
In Illinois, employees who suffer work-related injuries or occupational diseases may be entitled to pursue workers' compensation benefits through a claim. However, the insurance provider may deny your claims due to a different number of reasons, including late reporting, delayed filing, or inadequate evidence. Thankfully, you may be able to appeal your denied workers' compensation claim and recover your deserved benefits. At James P. Leahy Attorney At Law, I have the diligence and skill to advise and guide employees in their workers' compensation appeals. As an experienced Illinois workers' compensation attorney, I can investigate the reason for the denial and enlighten you about the next steps to take. In addition, I will advocate for your best interests and help you negotiate the maximum available benefits. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.
When most people think about car accidents, their first reaction is to think about drivers. However, we generally overlook the injuries and deaths that occur among passengers. According to data from Forbes, 5,966 passengers lost their lives in motor vehicle accidents in 2020. This figure underscores just how often passengers are also unfortunate victims of accidents. At my firm, James P. Leahy Attorney At Law, my mission is to help car accident victims in Elgin, Illinois, get the legal representation they deserve. I strive to put my years of legal experience at the service of communities throughout Aurora, St. Charles, and Kane County, as victims seek fair compensation to recover their health and well-being. You can count on my personal attention as we fight for your rights.
An accident can result in minor or severe injuries, hospitalization, or temporary or permanent incapacitation. Depending on the severity of your injuries, getting proper medical treatments can be quite costly. If you or someone close to you were injured in a negligent accident, you are entitled to seek fair financial compensation to cover medical bills and other damages. At James P. Leahy Attorney At Law, I give comprehensive legal advice and skilled representation to clients in their accident claims. As an Illinois personal injury attorney, I can analyze the facts of your situation and determine options to recover damages for your medical expenses. My firm proudly serves clients across Elgin, Illinois, and throughout the surrounding areas, including Aurora, St. Charles, and Kane County.
Every day, lots of construction projects are being executed in Illinois and across the United States. However, where there is construction, workers and other individuals on the worksite may be exposed to site accidents and other hazards. Under Illinois laws, a person injured in a construction site accident may be eligible to seek damages through a claim or lawsuit. For more than 45 years, I have devoted my career to handling personal injury cases and representing clients in their construction site accident claims. As an experienced Illinois personal injury attorney , I can review every aspect of your personal situation, explore your options to recover damages, and help you seek the financial justice you deserve. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.
Dog bites and dog attacks are quite prevalent in Illinois and across the United States. Unfortunately, victims of dog bite incidents can suffer minor or severe injuries, including punctured skin, fractures, lacerations, scarring, and infections. Thankfully, Illinois dog bite laws permit victims to hold the dog owner liable for their injuries and damages. However, seeking compensation for your dog bite injuries can become complex if you were bitten by your neighbor's dog. At James P. Leahy Attorney At Law, I have the resources and diligence to support and represent clients in their dog bite claims. As a trusted Illinois personal injury attorney, I can evaluate every detail of your unique situation and help you understand your options for pursuing damages. In addition, I will fight zealously for your rights and help you seek your rightful financial compensation. Reach out to my firm in Elgin, Illinois, to learn more.
Every day, people leave their homes to run errands. To do this, they need to move in and out of public spaces as well as private businesses. Most of the time, we don’t think twice about these tasks—but what happens if you become injured on a business’s property or public space? And who pays for injuries sustained on public property? Unsafe conditions are all around us and accidents that occur in public spaces or at a business are handled differently than those that occur at a private residence. For help filing a claim for an injury on public property or learning more about premises liability, call James P. Leahy Attorney At Law. As a premises liability attorney, I’m proud to serve Elgin, Illinois and the surrounding area, including Aurora, St. Charles, and Kane Count.
Whenever you are invited to a friend’s or neighbor’s property for a visit, you probably don’t expect anything bad to happen. You expect the friend or neighbor to keep their property in a reasonably safe condition and warn you of any unsafe conditions or hazards on the property. Unfortunately, property owners do not always fulfill these expectations, which is why accidents on someone else’s property happen more often than you might think. If you have been hurt on a friend’s or neighbor’s property, you may wonder about your legal options for recovering damages. Should you sue your friend or neighbor? Is there any other (less uncomfortable) option? If you sustained injuries while visiting someone else’s property (be it a friend or a neighbor), I can help. As a premises liability attorney at James P. Leahy Attorney At Law, I help clients understand their rights and navigate the legal process when seeking compensation for their injuries and losses. With an office in Elgin, Illinois, I also serve the surrounding areas, including St. Charles, Aurora, and Kane County.
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