Did you sign a waiver in order to participate in an activity? Were you subsequently injured in an accident? If so, you may have questions about your right to file a personal injury lawsuit. The short answer is that you can still file a personal injury lawsuit—though the waiver may pose some challenges. Here, our Chicago personal injury attorney provides an overview of key points to understand about your ability to file a personal injury lawsuit after signing a waiver in Illinois.
What is a Personal Injury Waiver?
As explained by the Illinois State Bar Association, “a waiver is a contractual agreement where a party voluntarily relinquishes a known right.” In other words, a personal injury waiver is a legal document in which an individual agrees to waive their right to sue for injuries sustained while participating in a specific activity or event. These waivers are commonly used by businesses, recreational facilities, and event organizers to limit their liability in case of accidents. While a waiver can provide strong legal protection, it may not always be applicable and/or enforceable.
Tip: Do not mindlessly sign a waiver. You should carefully read and review any personal injury waiver before you sign the document.
Three Reasons You May Have a Claim Even Though You Signed a Waiver
A personal injury waiver can be used by businesses and organizations to limit their liability in Illinois. A properly drafted waiver could potentially prevent you from suing for a certain type of accident. With that being said, personal injury waivers by no means completely bar a victim from taking legal action. There are three main reasons why you could be able to bring a successful personal injury lawsuit in Illinois even if you signed a waiver:
- The Waiver is Invalid (Not Clear, Explicit, and Concise): In Illinois, a personal injury waiver must be clear, explicit, and concise to be legally enforceable. If the language in the waiver is vague, overly broad, or difficult to understand, a court may find it unenforceable. Beyond that, Illinois law requires that waivers clearly inform the signer of the rights they are giving up. If the waiver fails to specifically mention personal injury claims or does not make it obvious that the signer is waiving their right to sue, it may not hold up in court. If a waiver is ambiguous or misleading, you may still have a valid claim. A waiver is not automatically valid simply because the defendant says that it is valid. It should be reviewed.
- The Accident is Not Covered By the Waiver: A waiver does not cover every type of accident that could possibly occur. The scope matters. Even if a waiver is legally valid, it must clearly cover the type of accident that occurred in order to be a viable defense against a personal injury claim. Some waivers only apply to certain activities, locations, or types of risks, meaning an injury outside those parameters may not be covered. If the specific hazard that caused your injury is not mentioned in the waiver, the defendant cannot always rely on it to avoid liability. Beyond that, if an injury occurred due to an unrelated issue, such as a structural hazard at a facility rather than the activity itself, the waiver may not apply. After an accident, the scope of any personal injury waiver you signed should be carefully and comprehensively reviewed by a Chicago lawyer. The waiver may not be applicable to your case even if it is valid.
- The Defendant is Grossly Negligent: Finally, Illinois law strictly prohibits companies and organizations from relying on personal injury waivers to protect them against harm caused by an act of gross negligence. A waiver may protect against ordinary negligence, but it does not excuse extreme carelessness or a blatant disregard for safety. For example, if a business in Chicago knowingly ignored serious safety hazards or failed to follow basic safety regulations, they can still be held liable—even if they had you sign a waiver. Courts in Illinois recognize that allowing waivers to excuse reckless or intentional misconduct would be against public policy. If gross negligence contributed to your injury, the waiver does not apply. You can always sue if your accident was caused by gross negligence.
The Bottom Line: You can still file a personal injury lawsuit in Illinois even if you signed a waiver. With that being said, the defendant—and its insurance company—will likely attempt to invoke the waiver as a defense. You will likely need to prove the waiver is involved, the accident is not covered by the waiver, or that the defendant was grossly negligent.
Recovering the Maximum Compensation After an Accident
Hurt in an accident in Chicago? Even if you signed a waiver, you may still be able to get financial compensation through a personal injury claim. Our Chicago, IL personal injury lawyers have the experience to help victims and families take on these challenging legal cases. Along with other types of damages, you may be able to recover compensation for:
- Property damage;
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death.
Why Rely On Our Chicago Personal Injury Attorney
Hurt in an accident after signing a waiver? You need a top-tier attorney. That you signed a waiver does not mean that you are completely forbidden from bringing a personal injury lawsuit—but doing so can be more complicated. At Kennedy Watkins LLC, our Chicago attorneys are on your side and by your side. With millions of compensation secured for injured victims, our verdicts and settlements tell the story of what we can do for clients. Your initial consultation with our Chicago personal injury attorney is free, confidential, and carries no obligations.
Contact Our Chicago, IL Personal Injury Lawyer Today
At Kennedy Watkins LLC, our Chicago personal injury attorney fights tirelessly for justice for victims and their families. You need the maximum compensation. If you have any questions about getting compensation after signing a personal injury waiver, we are here to help. Call us now or get in touch with us online for a free, no obligation initial consultation. With an office in Chicago, we represent injured victims in Cook County and all across the wider region.