What is a Personal Injury Lawsuit?
The term “personal injury lawsuit” is a broad, all-inclusive phrase for a civil action by a person, a plaintiff, who has been harmed by another careless, or negligent, person. This phrase is used whether the defendant, the negligent person, is a doctor, a driver, a pedestrian, or a product manufacturer.
Proving Your Case
When a person has been injured, they must show the court that the defendant owed them a “duty of care.” The definition of that duty will change depending on the relationship between the plaintiff and the defendant. For example, all drivers on Illinois’ roads owe all other drivers the “duty” to behave reasonably. However, the driver of a Greyhound bus owes a higher standard of care to the passengers on that bus. Once a plaintiff establishes what duty was owed to them by the plaintiff, they must prove that the defendant breached that duty. Sometimes this can be complex, such as when the actions of the defendant did not directly cause the plaintiff harm. Finally, the plaintiff must demonstrate that they were injured; this is referred to as “damages.” Damages in personal injury suits may include physical, emotional, monetary, disfigurement, future lost wages, or “punitive.” Punitive damages are awarded to plaintiffs when the defendant’s behavior was far beyond simple negligence.
Do I Need an Attorney?
Personal injury lawsuits can present a variety of complex legal issues. Knowing when, where, and how to plead your case in court is essential. Knowing the amount of relief you are entitled to will assure you are fully compensated for your injuries and will secure your future recovery. Knowing when to settle your case out of court will save you time, money, and the uncertainty of going to trial. Let us help you get the relief you are entitled to. If you need a personal injury lawyer in Wheaton, contact us today to discuss the relief you deserve.