Whether it is in a crowded public area or the quiet confines of a private home, injuries can occur anytime and anywhere. However, if a person sustains an injury due to another’s careless or negligent behavior, they may have a viable personal injury claim to bring against the negligent party.
If the injuries that you are suffering from were due to another person’s negligence, they could potentially be liable for any losses you incurred from that accident. An Elgin personal injury lawyer could help you to recover sufficient financial compensation for your pain and suffering.
Common Personal Injury Claims
In tort law, the term “personal injury” typically refers to a civil claim stemming from the wrongful conduct of a negligent party which causes harm to another, resulting in physical or emotional injuries to that person. The more common personal injury claims that civil lawsuits involve include the following:
- Car and truck accidents
- Bus accidents
- Bicycle and motorcycle accidents
- Slip and falls
- Medical malpractice
- Nursing home negligence
- Defective consumer products, including dangerous drugs
- Wrongful death claims
Despite seeming drastically different on the surface, all of these claims are based on a theory of negligence. The injured party must show negligence on the part of the opposing party by proving: that the defendant owed them a duty of care; that they breached that duty; the breach caused the injuries; and that the injured party suffered losses because of the injuries. Due to the complex nature of these claims, and the requirements that may be further imposed to succeed in their lawsuit, the injured party should retain a local personal injury lawyer to assist with filing and litigating their claim.
Damages Available for Recovery in a Personal Injury Lawsuit
When someone files suit against a negligent party, they can ask for damages in the form of financial compensation to account for their losses. Compensatory damages include economic damages and non-economic damages. Economic damages are the actual, quantifiable losses like medical bills, property damage, and a loss of work wages. Non-economic damages are non-quantifiable, abstract losses, such as emotional distress, pain and suffering, and loss of consortium, among others.
Under 735 Illinois Compiled Statutes 5/2-1116(c), if the jury finds the plaintiff to have contributed to causing their own injuries, they will be barred from recovering damages if their percentage of fault for the accident exceeds 50 percent. If the jury assigns the plaintiff a percentage of fault that is 50 percent or less, their final damages awarded will be reduced by their assigned percentage of fault. An Elgin civil litigation attorney could assess the facts of a case to determine whether the plaintiff contributed to their injuries to an extent that a court could bar them from recovering damages.
Call to Schedule a Consultation with an Elgin Personal Injury Attorney
When a person suffers physical or psychological injury due to another individual’s negligent conduct, it could affect them for the rest of their life. In cases where a party suffers severe or potentially life-threatening injuries, the medical care and treatment costs of those injuries can impose a devastating financial burden on the person, as well as their family.
If you or someone you care for were wrongfully injured in an accident stemming from someone else’s negligence, do not delay in taking legal action. Call today to schedule your risk-free consultation with an Elgin personal injury lawyer to discuss the options available to you.