The prospect of dealing with money problems after having also endured significant injuries in an accident may leave you stressed and concerned about the future. However, filing a personal injury lawsuit may provide the answer you need to help repair your life. If your injuries were the consequence of another person’s negligence, you may be entitled to financial compensation and should seek a skilled attorney right away. This compensation may help you move on with financial health and emotional well-being.
An experienced Harvey personal injury lawyer understands what you may be facing and could fight for your claim while you recover from your injuries.
Negligence & Personal Injury
Negligence occurs when a defendant violates their duty of reasonable care, and that violation leads to another person’s injuries. State law requires that certain elements of negligence be proven in court for a personal injury case to be successful at trial. These elements include the defendant’s breach of the duty, the causation for harm, and evidence to support the amount of damages suffered by the victim.
Proving negligence in Harvey may require the work of a skilled personal injury attorney. A local lawyer could look into police reports, accident recordings, medical bills, accident reconstructions, and more to help determine the cause.
How to Prove the Damages Element of Negligence
Once the victim determines and proves the accident’s cause, they must then provide specific evidence showing the extent they were injured. This evidence is essential to any claim for financial compensation. Some evidence of damages include:
- Billing information
- Property damage records
- Medical records
- Insurance quotes and costs
- Expert reports
- Lost income or earning capacity data
This evidence and more can help establish the level of the injured person’s damages. Included in this may also be evidence of non-economic damages for the plaintiff, such as for pain and suffering, loss of consortium, and more.
Filing the Case Within the Legal Time Limits
735 Illinois Compiled Statutes § 5/13-202 sets a two year time limit on personal injury cases. This requirement is essential to pay attention to and respect, as a late case may be dismissed by the trial court. It often does not matter if the claim would have been successful if it is not filed in time.
Rare exceptions may apply for those under the age of eighteen, incarcerated, or under some type of legal disability.
Why Consult an Attorney?
Personal injury cases are complex. Plaintiffs are required to follow the Rules of Civil Procedure and the Rules of Evidence in personal injury claims, whether or not they have a Harvey attorney on their side. A plaintiff who attempts to represent themselves faces the full complexity of the legal system, which has strict rules that must be followed.
Consult a Harvey Personal Injury Attorney
An accident can leave you grievously injured and facing high costs. However, when the accident was caused by a negligent defendant, you could be entitled to reimbursement for those costs and additional damages.
Instead of filing alone, call a qualified Harvey personal injury lawyer today for assistance in fighting for compensation.