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What Is A Personal Injury Lawsuit?

Personal Injury Lawyer

If you’ve recently been injured under circumstances that either weren’t your fault or were only partially your fault, loved ones or colleagues may have suggested that you explore the possibility of filing a personal injury lawsuit. By filing a personal injury lawsuit against those who caused your harm, you may be awarded significant compensation for your medical bills, lost earnings, pain and suffering, and other injury-related costs and losses.

Who Can File Personal Injury Lawsuits?

As an experienced Elk Grove, IL personal injury lawyer – including those who practice at Therman Law Offices, LTD. – can explain in greater detail, most successful personal injury lawsuits are filed by injury victims who can prove three specific legal standards:

  • A defendant owed the victim a duty of care under the law.
  • That defendant breached their duty by engaging in negligent, reckless, or intentionally dangerous conduct.
  • The victim’s injuries were caused directly by the defendant’s breach.

These complex legal standards are applied somewhat differently in a variety of circumstances. For example, a car accident victim could argue that another motorist owed them a duty of care because all drivers are legally bound to operate their vehicles in ways that mitigate the risk of harm to others. Whereas the parent of a child harmed by a daycare provider could argue that the provider owed their child a duty of care as specified by terms of a contract signed by both parties.

Additionally, there are some alternative legal standards that must be met in certain case types. For example, it isn’t enough to prove that a medical provider was negligent in a medical malpractice case. It must be proven that the provider’s approach fell short of professional standards of care.

As a result of these legal complexities, it is generally a good idea to consult an experienced attorney about your situation before making any assumptions about the ins and outs of your case.

Partial Liability Considerations

Another reason why it’s a good idea to consult an attorney about your situation before committing to a plan of action (or inaction) is that each state sets its own laws concerning personal injury lawsuits. As a result, your claim may be affected by your state’s approach in unique ways.

For example, Illinois is known as a “modified comparative negligence state.” This means that injury victims are permitted to pursue compensation from others whose conduct contributed to the causes of their harm, even if they themselves were partially to blame as well. This approach is distinct from pure comparative negligence states that allow victims to pursue compensation regardless of their degree of fault and contributory negligence states that bar victims from pursuing compensation from others if they were partially to blame to any degree whatsoever.

By speaking with an attorney about your unique circumstances, you’ll be able to ascertain the relative strengths and weaknesses of your case and to better understand how much compensation you could be awarded if your case is successful.