Typically, the injured party will hire a personal injury attorney to file an injury claim against any person, business, or government agency that caused them harm. Nearly every personal injury claim is based on negligence or an intentional act that caused injury, property damage, or fatality.

The victim’s attorney must prove that the defendant had a duty of care to keep the victim safe, like a motorist sharing the roadway with other drivers. Next, the attorney must show that the responsible party breached their duty of care and that that breach led to the victim’s damages that are actual and provable.

Once you file a lawsuit in civil court, you become the plaintiff, and the person, business, or government agency that caused your harm becomes the defendant. Your personal injury attorney and the defendant’s legal team will begin discovery by exchanging documents, talking to eyewitnesses, and deposing people under oath.

Approximately 95% of all personal injury cases are resolved as negotiated settlements, where the responsible party’s insurance carrier pays the victim the agreed amount. Only a tiny percentage of Illinois personal injury actions involving another party’s negligence are ever presented before a judge and jury.

By winning your case, the judge or jurors will award you compensation (damages) to cover your minor to serious injuries or expenses associated with the death of a family member.

The compensation you receive could include damages and expenses like hospital bills, medical expenses, lost wages, future lost earnings, and payment for temporary or permanent disabilities.

The jury will likely also compensate you for your non-economic damages, including physical pain, emotional trauma, and suffering from the accident or incident that caused your harm.

You will likely also receive an additional financial recovery from the negligent party for any physically disfiguring injuries or scarring.

Personal injury involves civil tort law, covering accidents and injuries that leave accident victims with physical and emotional injury, extensive property damage, or death. These cases are almost always built on negligence when someone else’s wrongful action leads to the victim’s harm.

A typical personal injury lawsuit involves three key components: actual bodily harm, financial damages, and pain/suffering. Monetary compensation is typically paid to cover existing hospital costs, medical expenses, and lost earnings.

Compensation is also provided for any ongoing needed surgical procedures, physical therapy, home care, medical devices, and medications required for healing. Many cases involve car accidents, medical negligence, motorcycle crashes, and nursing home abuse.

The victim is entitled to receive non-economic damages, including money for pain, suffering, emotional distress, and mental anxiety. Typically, a personal injury lawyer will encourage their client to seek care with mental health professionals to document the extent of their pain and suffering.

Under Illinois law, qualifying family members can file a wrongful death lawsuit against any person, business, or government agency that took the life of a loved one.

The plaintiff (injured victim) files a suit on behalf of the decedent covering all of their hospitalization costs and medical costs associated with the event that claimed their life.

Additionally, the family can receive money for past and future lost earnings, consortium loss, companionship, pain, suffering, grief, and funeral & burial expenses.

An experienced personal injury attorney from our law offices accepts cases in various practice areas, including construction accidents, workers’ compensation, and work-related fatalities.