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Does Not Wearing a Safety Belt Hurt Your Personal Injury Lawsuit?Buckling up while in a car is not only the law but potentially a life-saving practice. According to the National Highway Travel Safety Administration, 47 percent of the people who died in vehicle crashes in 2017 were not wearing a safety belt. Not wearing a safety belt or wearing it improperly puts you at risk of being thrown out of the vehicle during a crash or hitting your head inside the vehicle. In Illinois, all drivers and passengers age 8 and older are required to wear a safety belt, with a violation being a $25 fine. There is a separate car seat requirement for passengers younger than 8. Can you file a personal injury lawsuit if you were injured in an accident while not wearing a safety belt? Illinois law does not allow a defendant in a personal injury lawsuit to use the plaintiff’s lack of a safety belt as evidence that the plaintiff was negligent.

Seatbelt Defense

Illinois uses comparative fault to determine how much compensation a plaintiff will receive in a personal injury lawsuit. If the plaintiff was liable in part for the accident, their award in a lawsuit will be reduced. The percentage they receive from the award they request in the lawsuit will be equal to the percentage of fault that the defendant shared for the accident. If the plaintiff is more than 50 percent at fault, they will receive nothing.

In some states, the defendant in a personal injury case is allowed to argue that the plaintiff’s negligence in not wearing a safety belt was partially responsible for their injuries. However, Illinois is one of the states that does not allow the “seatbelt defense.” Illinois’ law requiring safety belts includes a section stating that a violation of the law is not evidence of negligence and cannot limit someone’s ability to receive:

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personal injury, Illinois workers' compensation, Crystal Lake third party claims lawyer, third party claims, negligenceMost every worker in and around Crystal Lake, from the experienced supervisor to the newly-hired holiday help, knows the basic principles behind Illinois' workers' compensation system: when the worker becomes ill or suffers an injury on the job, that worker is entitled to recover compensation for his or her medical expenses (and, in some cases, a portion of his or her lost wages) from his or her employer's workers' compensation insurer. In most every case, these benefits are available regardless of whose negligence – the worker's, a coworker's, and/or the employer's – is to blame for the workplace accident.

Third Parties Can Also Cause Workplace Injuries

Illinois' workers' compensation scheme is beneficial to employers in that, in return for these guaranteed benefits, the injured worker gives up his or her right to sue the employer for the employer's or a coworker's carelessness. However, on a typical job site, there may be employees of various companies working alongside one another. There is nothing to prevent one employee from one company from causing injury to another employee from a different company. When this occurs, the injured worker may file a workers' compensation claim. He or she may also be able to bring a third party action against the negligent worker.

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dangers of head injuries, head injuries, McHenry County Personal Injury LawyerIf you are injured due to the negligence of another, you may be eligible to file a personal injury lawsuit that aims to get you compensation for your suffering from the people responsible.

One of the biggest obstacles in a personal injury lawsuit is showing that the person who was responsible for your injury had some sort of duty to keep you safe, or at least to avoid hurting you. While this aspect of a personal injury lawsuit is often one of the most complex pieces of the puzzle, there are some instances where it is very straightforward. One of these instances is when you can show that the person who hurt you was negligent per se.

Negligence Per Se

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McHenry County personal injury attorneys, recover damages, suicide, wrongful death, negligenceIf a family member dies because of someone else's negligent, reckless, or intentional conduct, then the surviving family members are permitted to file a lawsuit to recover damages for the loss of their loved one. These claims are permitted in Illinois under the Survival and Wrongful Death Acts. The Survival Act permits family members to recover damages that the deceased suffered prior to death, such as pain and suffering, medical expenses, and lost wages. The Wrongful Death Act permits family members to recover damages that they personally suffered, such as loss of companionship and economic support.

Recovery under Wrongful Death and Survival Acts for Suicide of Family Member

Often, these cases involve vehicle accidents or medical malpractice. Until recently, it was questionable under Illinois law whether one could bring a wrongful death or survival action when suicide was caused by intentional infliction of emotional distress. Illinois requires three elements to bring a claim for intentional infliction of emotional distress:

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