Whether it was a person you know or a well-known case you’ve heard about, you’ve probably heard of personal injury before. Personal injury happens more often than we’d like, and it can be extremely complex and stressful for the person going through it. If you or someone you know has been injured, here are some important personal injury facts to consider.
- An injury classifies as a personal injury case when negligence can be proven.
Not every injury is eligible for a personal injury claim. Several key elements constitute a personal injury case, most importantly negligence. Trent Law states that negligence can be proven with these three things:
- First, that the Defendant owed the Plaintiff a duty of care. A duty of care, generally speaking, is a legal obligation that requires someone or something to abide by a reasonable standard of care when performing an action. For example, the owner of a building owes its residents safe premises to avoid any accidents.
- Secondly, that the Defendant violated a duty of care that was owed to the Plaintiff. In the example of a case concerning a car accident, every driver owes a legal duty to every other driver to avoid causing injury. This duty of care can be violated, when, for example, an individual runs a red light and causes a car accident in an intersection. This can be reasonably determined to have violated their duty of care. Additionally, a driver who chooses to operate their vehicle while under the influence of drugs or alcohol also demonstrates negligence that violates their duty of care.
- Finally, the Plaintiff must be able to prove that he or she suffered damages as a result of the Defendant’s breach of duty of care. Simply put, this means that the Plaintiff must be able to substantiate that they suffered injuries, incurred medical expenses, missed time at work and lost wages, or suffered another type of identifiable monetary damage as a result of the Defendant’s action or inaction.
- There are different types of personal injury claims
Personal injury claims extend across a number of contexts, including:
- Motor vehicle accidents: A motor vehicle accident is when a motor vehicle collides with another vehicle, pedestrian, animal, or object. Car accident injuries include soft tissue injuries, burns, fractures, broken bones, internal injuries, concussions, traumatic brain injuries, spinal cord, nervous system injuries, and limb loss.
- Medical malpractice: Medical malpractice is defined as the omission of accepted medical standards by a physician during the treatment of a patient that causes the patient injury.
- Wrongful death: A wrongful death suit is a specific type of legal action that arises from a personal injury case that resulted in death caused by another person or entity’s negligence or misconduct. The suit seeks financial compensation for potential damages incurred from the loss and usually gets filed by the decedent’s loved ones.
- Product liability: Product liability is the liability of any or all parties along the manufacturing chain of a product for damage caused by that product. This includes the manufacturer of component parts, an assembly manufacturer, the wholesaler, and/or the retail store owner.
- Premises liability: A type of personal injury case caused by an unsafe or defective condition on a property, such as spills on the floor, unsafe construction zones, toxic fumes and chemicals, or inadequate building security.
- Brain injury: Brain injuries can either be classified as mild, as in the context of concussions, or as more severe and able to cause permanent damage to a victim. A brain injury can also have a significant negative financial impact, due to the high costs of medical care and often associated loss of necessary income.
- A statute of limitations exists for personal injury.
Any legal claim or case has a limited timeframe during which it can be filed. If you have been involved in a personal injury case – such as an automobile or motorcycle accident, a slip-and-fall, or an injury in the workplace – and have considered filing a suit for compensation, it’s important to learn about the strict deadlines for making such claims.
Initially, the process can feel overwhelming. Filing for a lawsuit might not be at the top of your list of priorities. However, it is important to note that, from the moment of the accident, there is a “statute of limitations” that restricts how long you have to file. A statute of limitations is any law that bars claims after a certain period of time passes following an injury. The length of time comes down to the jurisdiction and the type of claim. In Illinois, for example, the statute of limitations is two years.
- Filing for a personal injury claim can maximize your compensation
Personal injury can be highly costly, with medical bills, potential hospitalization, and emotional trauma that, while unable to be monetized, takes a heavy toll. Making a personal injury claim is one of the best ways to receive compensation for these damages. Personal injury law is designed to protect affected victims from consequences due to negligence.
- An attorney can make a huge difference in your results
If you or someone you know has a personal injury case in the city of Chicago, contact a knowledgeable personal injury lawyer at Trent Law Firm, P.C. at (866) 599-8601 to discuss your situation. Our practice’s experience in getting fair compensation for personal injury is unmatched, and our commitment to our clients leads to productive settlements and positive verdicts that set them and their families on the path to recovery and good health.