If another person’s negligence or recklessness injures you, you may wonder if you have a personal injury lawsuit. After all, if your harm and damages are caused by someone else, why should you have to bear the financial burden?
However, before determining if you have grounds to file a lawsuit, it’s time to learn more about personal injury law and its meaning.
Personal Injury Defined
The term “personal injury” is defined as physical injuries, property damage, and mental injuries you sustain because of someone else’s negligence.
If you experience this type of injury, you will likely have the right to file a personal injury lawsuit against the at-fault party. When you file a lawsuit, it means you are suing for compensation for the impact of your injuries and damages.
Common examples of personal injury claims include:
- Motor vehicle accidents (cars, trucks, SUVs, large trucks, etc.)
- Construction accidents
- Slip and fall accidents
- Medical malpractice cases
- Wrongful death
This is not a complete list, but it gives you examples of the types of situations when you may have the legal right to file a personal injury claim.
If you decide to pursue compensation from the at-fault party in a personal injury lawsuit or claim, you will likely need the services and guidance of an experienced attorney who can prove the other party is responsible for the injuries and damages you sustained.
To prove fault in these cases, you must show the following:
- The accused at-fault party owed you a duty of care
- The at-fault party did not meet the standard duty of care
- The at-fault party’s negligence resulted in your injuries
- You experienced financial losses because of your injuries caused by the accused at-fault party
Establishing each of these elements is necessary in a personal injury case. Unfortunately, without an attorney gathering the needed evidence and showing another party is responsible for your damages can be challenging.
An experienced personal injury attorney will ensure that the needed evidence is gathered and that you receive competent representation for your case.
Potential Damages You Can Recover in Personal Injury Cases
If you successfully prove the at-fault party was negligent, and their negligence caused your injuries, then they will likely be required to provide monetary compensation for your financial losses. You can recover this compensation by filing a personal injury lawsuit.
In these cases, you will likely be able to recover the cost of accident and injury-related medical treatment. It’s also possible for you to receive compensation for any financial losses or injury-related losses. While the nature of your injuries matters and how they impact your life, it’s possible that you can recover the following in terms of damages:
- Economic damages: These types of damages include any current or future medical costs, property damage, and income loss.
- Non-economic damages: With non-economic damages, the amount is not as easy to determine. These damages compensate for pain, suffering, mental anguish, and permanent disfigurement, among other intangible results of an accident.
- Punitive damages: While punitive damages are not commonly awarded in personal injury cases, in some situations, the judge may decide to further punish the at-fault party if it is determined their actions were extremely reckless or intentional.
Hire an Attorney for Help with Your Personal Injury Claim
If another party or entity injures you, you may have the right to hire and use the services of a Chicago personal injury lawyer.
An attorney knows the laws and how they apply to your case. With their legal services, you can feel confident that you are getting the best possible outcome for your legal situation.