Even if you can establish that the person who caused your injuries acted negligently, you still may not receive compensation. Personal injury lawsuits are complex and require plaintiffs to prove a variety of factors in order to recover compensation for their injuries and damages. For example, the plaintiff must also prove that the defendant’s negligence was the cause of the injuries that he or she sustained. As seasoned Illinois car accident lawyers, we have handled a variety of cases that involve complicated causation matters. As a recent appellate opinion shows, having an experienced attorney to guide you through the process can make all of the difference.
The facts of the case are as follows. The plaintiff was driving in stop-and-go traffic when a vehicle traveling behind her struck the back of her vehicle. As a result of the impact, the plaintiff’s vehicle struck the rear of the vehicle that was traveling in front of her. The plaintiff also testified that she struck her knees and body on the dashboard of her vehicle at the time of the impact. The plaintiff was taken to an emergency room and advised to make an appointment with her family physician. Her doctor examined her and concluded that her injuries were a result of the accident. He advised her to undergo physical therapy, which she did. Some time thereafter, the plaintiff reported experiencing new pain and injuries, which the doctor also attributed to the accident. He then referred her to a surgical doctor, concluding that physical therapy was not improving her injuries.
The plaintiff underwent additional treatment, testing, and examinations. At each step, her doctors concluded that her pain and injuries were results of the accident. In total, the plaintiff’s bills amounted to a little under $30,000. During trial, the defendant offered evidence from an expert orthopedic surgeon, who testified that the plaintiff’s medical records included information suggesting that she had experienced back pain and injuries to her back before the accident occurred. The medical records included information about treatments that the plaintiff had undergone for various complaints, including numbness, tingling, chronic pain, and discomfort.