Can I File a Personal Injury Lawsuit in Illinois If I Signed A Waiver?

If you suffered injuries and losses, but signed a waiver, you may still be able to file a lawsuit in Illinois. This can occur when gross negligence occurred or when the other party engaged in reckless behavior. In situations where the other party engaged in intentional acts, you also have the right to pursue a personal injury lawsuit in Illinois. The process may differ slightly, but several factors should be considered, including working with a Chicago injury lawyer.

Understand What a Signed Waiver Means

There are many instances in which a person signs a waiver to engage in an activity that seems to indicate that they cannot take legal action against that organization. This might include an amusement park, for example. However, signing a waiver does not mean you cannot seek legal action, especially when you can prove that the other party put you at risk.

Determine Who Is At Fault

To file a personal injury lawsuit in Illinois, if there is a signed waiver, you must first determine who is at fault for the accident. You may be at fault if you agree to participate in an activity in which there is foreseeable danger. For example, if you are at an amusement park and you go on a ride and lose consciousness, the organization is not held accountable. In these situations, you agree that there is a risk. They cannot be held accountable in those situations. 

However, in situations where the company’s negligence caused the risk, they can be held accountable.  Every business owes its customers a duty of care, meaning that they keep the environment safe and does what it can to warn of risks. This includes training employees, maintaining the equipment, and ensuring all safety rules are in place.

If the company fails to do these things, it can be held accountable for injuries that stem directly from those actions. If you can show that the company did not do what was necessary and expected to keep guests safe, then you may be able to seek legal action against them.

How to Navigate Waivers in Personal Injury Cases

If you are in an accident like this, your first step should be to hire a Chicago personal injury lawyer to represent you. The attorney will go over the evidence with you, clearly explaining your rights and outlining your objectives.

For example, your injury attorney will determine if the other party was negligent, what restrictions exist in your waiver, and what responsibilities the other party has in paying for your losses. Your attorney will investigate the details of the waiver and ensure they match with Illinois state laws.

Your injury lawyer will then look for mistakes that caused the accident. For example, they may be able to show that the property was not safe or that there was a failure to train and manage employees, which caused the accident. Your personal injury attorney in Chicago will demonstrate clearly who is at fault and why.

Seeking Legal Guidance From a Chicago Injury Lawyer Protects Your Rights

In cases like this, it can prove to be critical to hire a Chicago injury attorney to fight for you. You can file a personal injury claim in Illinois even if you sign a waiver if you can show your injuries are due to negligence.