Suffering an injury is one thing but to suffer an injury caused by another person is a completely different story. It’s expected that we all, as members of society, do our part to ensure that our actions do not harm those around us. But when this social contract is broken and results in the injury of another, there must be consequences.
Personal injury laws enforce these consequences as they are designed to offer a path forward for injured victims. Still, you may be asking, “What is personal injury” and “What options do I have for compensation if I didn’t cause my injuries”. We hope to answer these questions and more.
In this Article:
- Personal Injury Law Definition
- Bodily Injury vs Personal Injury
- Key Elements of a Personal Injury Claim
- Types of Personal Injury Cases
- Proving Negligence in a Personal Injury Case
- Finding the Right Personal Injury Lawyer
Personal Injury Law Definition
Personal injury law, also known as tort law, addresses any form of injury to a person’s body, emotions, or reputation that is caused by someone else’s negligence.
Negligence simply refers to a person’s actions or failure to act that negatively impacts another party. If you have been injured, and someone else caused that injury, you may have a case for civil action and be entitled to recover compensation.
Bodily Injury vs Personal Injury Claims
Many people confuse the terms ‘bodily injury’ and ‘personal injury’. While the two are very similar, the most important difference to note is that bodily injury only refers to physical injuries to the body. In Illinois, for example, drivers are required to carry bodily injury insurance for $25,000 per person to cover medical expenses.
Personal injury, on the other hand, is a claim that can include any type of harm that’s caused by another’s negligence. In addition to medical expenses, damages available in a personal injury claim include:
- lost wages
- property damage
- rehab
- future medical expenses
- wrongful death
- pain and suffering
Key Components of a Personal Injury Claim
Consider these elements of a personal injury claim to get an idea of whether or not you have a case.
Statute of Limitations
In Illinois, the statute of limitations to file a personal injury claim in most cases is 2 years. This means that if you are injured by someone else, you have only 2 years to file a personal injury lawsuit.
So don’t wait. The sooner you contact an attorney following an accident, the better.
Liability
Liability refers to the legal responsibility, or fault, for an accident. In a car accident, for example, liability would refer to who caused the accident. In some states, including Illinois, you can still receive compensation even if you are partially at fault (<50%) for an accident. This is called comparative fault.
Burden of Proof
In personal injury claims, the burden of proof rests on the plaintiff. In other words, it’s on the injured party to provide substantial enough proof that the defendant was negligent and that negligence caused the injury.
Types of Personal Injury Cases
There are many types of personal injury cases, some of which you may not have realized you could file a claim for. They include:
- Car accidents
- Motorcycle accidents
- Medical malpractice
- Dog and other animal bites
- Slip and fall
- Nursing home abuse
- Bullying and cyberbullying
Many personal injury lawyers may handle these cases, but not all will have the experience to win. The attorneys at Disparti Law Group Accident & Injury Lawyers have the expertise and the drive to take on your case and win.
Proving Negligence in Personal Injury Case
Proving negligence in a personal injury claim is integral to your case, but it’s not as simple as showing that someone else caused you harm. To prove negligence, the following must be true:
- The at-fault party had a duty of care to the victim.
- The at-fault party was in breach of duty.
- The breach caused the injury.
- The victim suffered damages.
Finding the Right Personal Injury Lawyer
Filing a personal injury claim can be very complicated and nuanced so finding an experienced personal injury lawyer is often the best course of action to maximize compensation and make you financially whole following an incident.
Finding the right personal injury attorney is not always easy. Most will give you a free consultation but make sure they have a winning track record and have experience with your type of injury.
An insurance company might try to contact you to settle right away. With an experienced attorney at your side, you can be assured that your rights will be protected. You don’t have to accept a low-ball offer.
LARRY WINS PERSONAL INJURY CASES!
With over $1 Billion in recoveries for our clients, Larry Disparti knows how to win! Plus, there is no fee unless we win your case. Contact our Chicago and Tampa personal injury attorneys today and find out why thousands of our clients say, Larry Wins!
Chicago Personal Injury Lawyer (312) 600-6000.
