Countless men and women across Illinois have been involved in a bike accident and suffered significant injuries because of it.Normally, they seek to recover not merely for the specific dollars and damages that they suffered but also for the loss of control over their lives. While this might surprise us, it should not be all that surprising. Thus, it might be unexpected to think to come to a lawyer or another professional for help at all if your or anyone else is a bike victim.
In fact, even many of these prospective clients are kind of surprised to find themselves in our office and want to know what we can do for them what they cannot do for themselves in addition to the nature and size of any recovery that could come through the litigation process. So this section is a general overview of the services that a competent Illinois attorney should be able to provide you with in your bike accident lawsuit. Think of it as total case management from start to finish. Any good bicycle accident attorney should be able to manage all aspects of your suit but, in general, assure you of the following things:
EXPERIENCE HANDLING BICYCLE ACCIDENTS IN ILLINOIS
Illinois bike accident lawsuits pose very complicated legal issues especially related to fault, causation, and damages. For instance, many times there can be someone other than the person who crashed into you that is liable for your injuries and corresponding losses. The one defendant that is most commonly represented in cases but invisible at the scene of the accident is the employer of the wrongdoer. The employer of an employee or entity or individual that contracted for an independent contractor is frequently joined as a defendant in Illinois bike accident cases under the legal doctrine of respondeat superior.
This commonly accepted legal principle states that they are on the hook for the negligent acts that their employees or contractors commit if they were committed within the scope of employment (which is generally defined as anything for the benefit of the employer). See Lang v. Silva, 306 Ill. App. 3d 960 (1999). It is a bit harder to bring in those that merely hire contractors but if you can show sufficient control and benefit then you might also be able to sue them in addition to employers.
The main defense that employers raise in this field of law is that the employee’s or contractor’s actions deviated from the common course of employment.See Williams v. Hall, 288 Ill. App. 3d 917 (1997). To this, you must show that while his or her actions might have been a slight deviation, when taken together, they were still in the overall course of employment. Otherwise, you will be not be able to sue the employer in your action.
Generally, intentional torts are the best evidence of conduct that completely exits the scope of employment but other examples have been found in Illinois cases. See Williams v. Hall, 288 Ill. App. 3d 917 (1997). Just this one example should show you the importance of having zealous, experienced, and knowledgeable attorneys at your side so that you obtain the compensation that you deserve.
FINANCIAL RESOURCES TO FULLY PROSECUTE YOUR CASE
From start to finish, cases require money, lots of money, and there is no easy way to get around that. Almost every action or twist and turn of a case demands a filing fee. Courts even put their hands out for money when you merely go to file a bike accident lawsuit. Here are some of the most financially draining aspects of these cases:
- Filing fees for case documents and motions.
- Discovery and production.
- Expert witnesses and evidence.
- Research and investigation.
You must go to great lengths to exhibit your losses and prove the defendant’s conduct caused those losses. If you wish to take on your case by yourself, then you will also be forfeiting your time and that is a precious resource in and of itself. However, if you take on a qualified group of attorneys to manage your lawsuit, then they should be able to shoulder these expenses on a contingency basis so that you do not have to spend a dime unless you receive an acceptable jury award or settlement amount. Also, they can help you save on money where appropriate through their experience.
A HISTORY OF SUCCESSFUL PROSECUTION OF ILLINOIS BIKE ACCIDENT INJURY CASES
Lawsuits are exercises in performance. You must sufficiently and clearly perform a defined set of things. Initially, you have to wrangle all of the defendants and important witnesses in the case via the service and summons process. Then, you will need to perform advanced and skillful research, investigation, and discovery. Also, you must cooperate in production to give the opposing side their requested and permitted documents and other items.
Next, you must actually and artfully put on your trial to the jury and rebut the defendant’s case. Finally, you must fight off any post-trial motions or appeals. Most people can do all of these things but there is a difference between merely doing them and doing them well. With so much on the line, you might find it more advantageous to utilize experienced attorneys so that you do not endanger your potential recovery.
For more information on questions related to Bicycle Accidents please visit the following pages:
- How Long Do I Have To Pursue An Illinois Bike Accident Case?
- Nature Of Illinois Bike Accidents
- What Are Illinois Bike Accident Cases Worth?
- Illinois Bike Accident Recovery
- What If My Accident Occurred Out Of State?
- What To Do When A Family Member Dies In A Bicycle Accident In Illinois?
- What You Need To Know About Brain Injuries In Illinois?
- Am I required to wear a helmet?
- What if the other party denies my claim?
- What if the other party leaves the scene?