Being the victim of an accident can not only be stressful and painful; it can also be expensive. If you suffered any significant injury in an accident, you likely have medical bills as well as lost wages to contend with.
However, if you are the victim in an accident that happened due to someone else’s negligence or recklessness, you can take them to account. You could receive compensation for any material losses and bills you incurred as a result of any injuries.
Overview of a Personal Injury Case
Personal injury can be an umbrella term for a variety of different accidents caused by some other party’s negligence. An example is an accident occurring on someone else’s property or at work, such as a slip and fall accident, for example. Car accidents and medical malpractice can qualify as personal injury cases. Someone who suffered injuries as the result of a faulty product could also be eligible to file a personal injury case.
Not all accidents are personal injury cases, however. Personal injury cases have one thing in common: generally, in order to have a case and a chance for compensation, you will need to prove that someone else’s negligence caused your injuries.
Proving negligence in a personal injury case can be complex. Having a Berwyn personal injury lawyer by your side can be crucial in proving a defendant’s negligence or fault. In personal injury cases, proving negligence generally hinges on four main elements, which are:
- Duty of care
All of us have a duty of care towards others. In other words, duty of care is the responsibility we have to not cause harm to another. When we get into our cars, for example, we have a duty of care towards all other road users we are encountering. Duty of care can be hard to define. While a property owner has a duty of care to ensure that their premises are free of hazards that could cause injury, the onus will be on a plaintiff to prove any breach in duty of care.
- Breach of duty
For a successful personal injury case, you will need to prove that a breach in duty of care occurred. Breaching duty of care is allowing, or actively causing, a dangerous situation. Showing a breach of duty can be relatively straightforward. For example, in asbestos cases where an employer knew about the dangers of exposing their employees to the toxic substance, they put their profits above the health and lives of their employees. In other cases, such as car accidents, it can be harder to prove a breach in duty of care. In all cases, a personal injury lawyer will know how to prove a breach in duty of care.
Another important element in a personal injury case is proving causation, or in other words, proving that a breach in duty of care directly caused your injuries and damages. In a case of medical malpractice, for example, a wrongly prescribed drug could cause a patient to die or get seriously ill. This would be an example of where a breach in duty of care directly caused harm. Another example would be a car driver ignoring a red light, crashing into another car and causing injuries to the occupants of the other car.
Lastly, in a personal injury case, you will also need to prove your damages. You can verify your damages in several ways, such as by providing medical bills and receipts for out-of-pocket expenses or by providing medical reports and physician statements, to name just a few examples.
A Berwyn personal injury lawyer understands all these elements of a personal injury case and can pull the evidence together in order to prove your case.
For a free legal consultation with a Personal Injury Lawyer serving Berwyn, call (800) 223-5115
Time Limits for Personal Injury Lawsuits
If you suffered injuries due to someone else’s negligence, you might still be healing and perhaps have decided to wait for a while before taking legal action. However, there is no benefit to waiting. You and your Berwyn personal injury attorney will most likely need quite some time to research and build your case.
It is also important to bear in mind that, according to 735 ILCS 5/ Code of Civil Procedure, the Illinois statute of limitations will generally limit any personal injury lawsuits to two years, starting from the date the injury occurred. While this may seem like ample time, two years can pass by surprisingly quickly. If you are relying on eyewitness statements, you will want to file the case while the accident is still fresh in people’s minds. We advise that you contact us as soon as your injuries allow you to do so. Not only does this leave ample time in preparing a case, but it can also help you receive compensation quicker.
Legal issues surrounding personal injuries can be challenging. Your Berwyn personal injury lawyer can help you get compensation for your injuries and financial damages. We will try to make sure that you are not only protected for any costs and injuries you suffered until now, but will also consider the potential for future costs arising from an injury.
Call Pintas & Mullins Law Firm today for a free consultation and evaluation of your case: (800) 223-5115.
Berwyn Personal Injury Lawyer Near Me (800) 223-5115
Financial Awards Due to Your Personal Injury
It can be infuriating to incur pain and large medical bills as a result of someone else’s negligence. Filing a personal injury lawsuit can be a way to get justice and compensation for your losses, as well as compensation for the physical and emotional pain you suffered as a result of an accident.
You could receive awards for medical and rehabilitation costs, transportation costs, and medical devices, for example. If you are severely injured and unable to carry out daily tasks around the home, you may be able to claim costs for home help or a health aide. If you missed work as a result of your injuries, or are unable to return to your job, you could receive awards for lost wages and lost future earnings. You could also receive awards for physical and mental pain and anguish, among others.
No two personal injury cases are alike, and each comes with its own set of circumstances determining compensation and the extent of any awards. We do not want you to suffer further damage from this situation. We will fight for justice and compensation on your behalf.
Contact Pintas & Mullins Law Firm today to find out more: (800) 223-5115.