What Is a Personal Injury?
The best way to understand whether you have a personal injury claim is to find out more about what constitutes a personal injury. Personal injuries deal with an area of law called “torts.” Whenever an individual commits a tort, he or she intentionally or unintentionally injures another person. That injury can be the result of fault, such as negligence. A tort usually deals with accidents, such as when distracted driving leads to an auto accident.
In terms of negligence, this type of fault is caused by a lack of adhering to standard care, which is essentially base carelessness. Whenever this lack of standard care results in an injury, the injured person or party has a personal injury claim and is able to make a claim for damages.
How an Illinois Personal Injury Attorney Can Help
In the case of injuries caused by a car accident, the responsible party usually has liability insurance to take care of any personal injury claims made. The person injured in the accident can contact the negligible party’s insurance company and provide information related to the accident to get the claim process started. Even though the insurance company might offer payment to settle the claim, an Illinois personal injury attorney can be consulted to ensure the settlement is a fair one.
Turning to a personal injury attorney is also a good idea for more serious injuries that require medical attention and time off of work in order to make a full recovery. Something else to bear in mind when it comes to insurance companies is they only represent the negligent party and often attempt to settle a claim for the bare minimum. Personal injury lawyers have the injured party’s best interests in mind and do their best to see to it that the injured individual or party receives the deserved settlement. Usually, attorneys only charge a fee if they successfully win a case.
It’s best to schedule a consultation with a Illinois personal injury lawyer before accepting a claim from an insurance company to ensure no other rights have been violated. An insurance company might take longer than necessary in offering a settlement, which is also cause for turning to the legal expertise of a reputable attorney.
What Are My Options When Someone Injures Me?
There are a variety of options available to a person who has suffered a personal injury. Some of the most common types of financial damages that can be recovered in a personal injury case include:
- Lost wages
- Current and future medical expenses
- Pain and suffering
- Loss of future wages due to an inability to work
- Disfigurement and scarring
Should the personal injury result in a death, the beneficiaries and family members of the deceased person are permitted to recover damages, which are known as wrongful death damages. Such damages include:
- Conscious pain and suffering that occurred before death
- Medical expenses incurred before passing
- Funeral expenses
- Losing a spouse’s or benefactor’s financial support
- Losing a loved one’s companionship
If the incurred injuries were intentional, or if the responsible party’s conduct is so careless that it’s considered to be malicious, the injured party or parties may be eligible for what’s known as “punitive damages.” Others levy these damages as a way to punish those responsible and to make that punishment serve as a deterrent to similar future conduct.