What qualifies as a personal injury is any injury you endure as the result of someone else’s negligence. Some examples of personal injury claims include:
- A car accident
- A dog bite or attack
- A slip and fall accident
- A physical assault
- Medical malpractice
If your lawyer can prove another person failed to use reasonable care and you were injured as a result, the harm you suffer is considered a personal injury and may form the basis for a personal injury insurance claim or lawsuit.
The Role of Negligence in a Personal Injury
Someone is negligent when they take or fail to take an action, a reasonable person would take in the same situation. That might include failing to stop at a traffic signal, failing to restrain their pet, or failing to clean up a spilled substance.
A personal injury typically results from another person’s negligent action or from their failure to take necessary action. What qualifies as a personal injury might vary from one case to another. A lawyer can help you define the ordinary care a reasonable person might have been expected to take and can assign liability to the at-fault party in your personal injury claim.
Intentional Wrongdoing Can Cause a Personal Injury
A claim of intentional wrongdoing means the person who caused your injuries knew their actions could hurt you. Examples of intentional wrongdoing, or intentional torts, that could potentially lead to a personal injury might include:
- Being physically assaulted during a crime or as a prank or practical joke
- Being publicly and falsely accused of committing a crime
In some cases, the person who injured you might also face criminal charges. A lawyer can help you understand whether your losses qualify you to file a personal injury or criminal lawsuit.
For a free legal consultation, call (312) 598-0739
You Can Be Compensated for Your Personal Injuries
If your personal injury is the result of either a negligent or criminal act, the at-fault party can be held liable for your injuries. In addition, the person who injured you can be held financially liable. The expenses and losses you might collect compensation for include:
- Medical bills for all injury-related treatments
- Ongoing pain and suffering
- Current and future lost income
You may also be entitled to additional damage awards in a claim for personal injuries. Your lawyer can help you determine which injury-related expenses are recoverable.
The Process of a Personal Injury Lawsuit
A personal injury lawsuit can be a long, complex process. Your lawyer will work to:
- Assign or apportion liability
- Gather evidence
- Prove the facts of the case
- Question both parties
- Interview witnesses
- Assign a monetary value to the case
If your case goes to court, a judge or a jury will decide the case and award financial damages if you win.
Settling a Personal Injury Case Without Going to Court
Your lawyer might be able to negotiate a settlement with the at-fault party or with their insurance company. If you choose to settle your case, the at-fault party will offer you a specific amount of money in exchange for your agreement not to pursue your claim in court.
A lawyer is a valuable part of negotiating a favorable settlement because they can fully and accurately assign a monetary value to your claim. This is important because once you accept a settlement, you will sign away your right to any further damage awards. Accepting an award without the guidance of a lawyer might mean you receive a smaller settlement than you deserve. Even with a lawyer’s assistance, the final decision to settle your case out of court is always yours.
Hold the At-Fault Party Responsible for Your Personal Injuries
If the action or inaction that led to your injuries qualifies as a personal injury, you may have the basis for an insurance claim or lawsuit. Filing a claim takes time, and you may have a limited amount of time to file your claim and pursue compensation from the at-fault party. For example, the 735 ILCS 5/ Code of Civil Procedure states you have two years from the time of injury to file your personal injury claim, with exceptions.
With the help of a lawyer, you can:
- Meet the state’s timeline.
- Prove the critical elements of your claim.
- Hold the liable party financially responsible for the injuries you suffered and for the expenses and losses your injuries created.
Contact a personal injury lawyer near you by calling The Kryder Law Group, LLC at (312) 223-1700 today.