Personal injuries are injuries that generally impact not only an individual’s physical injuries but emotional and mental injuries as well. Injured individuals have a legal right to demand compensation from the people who were negligent in causing their injuries. Most of the time, they can recover more compensation if they hire Cook County personal injury attorneys to handle their lawsuit for them. A successful personal injury case involves two main elements – negligence and damages.
In a personal injury case, the defendant was likely negligent in their actions, which caused the injuries to the plaintiff. Most cases require the plaintiff’s personal injury attorney to show that the defendant had a duty of care to the plaintiff and that they breached that duty. Negligence takes different forms depending on the circumstances, but common examples in personal injury cases include:
It is important to note that a breach of duty does not necessarily mean the defendant is breaking the law. Civil court is different from criminal court.
Personal injury lawyers use various pieces of evidence to establish that the defendant owed the plaintiff a duty of care and that they did not live up to this duty. Some cases, such as a car accident caused by a driver who ran a red light, are much easier to prove negligence. Other cases, such as a doctor who injured a patient or a manufacturer who sold a defective product, are often harder to prove.
A successful personal injury case will end with a fair settlement or a court award that compensates the plaintiff for their damages. Damages represent the financial and other losses or inconveniences that the injury has caused the plaintiff. They are different depending on the accident and the injuries in question.
Damages that involve financial costs are known as economic damages and can include lost wages and medical expenses. Non-economic damages are those that do not have an inherent value, such as scarring or disfigurement and pain and suffering.
Whether your case is settled before proceeding to trial or is decided by a jury at trial, the amount of compensation you receive will depend upon your damages and how well you or your attorney can prove them.
If you want to pursue a personal injury lawsuit, there is a lot on the line. Without experienced personal injury lawyers in Cook County on your side, you may not be able to recover the compensation that your claim is worth. Get the help you need by contacting The Horwitz Law Group today to schedule your consultation.
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