What Is Personal Injury?
The kernel of a personal injury title is negligence. When another person, company, or tied a governmental agency acts irresponsibly, others can get hurt. The injury is frequently physical, but it can besides be psychological or aroused as well.
“ Negligence ” is a legal terminus that means failure to exercise a proper horizontal surface of wish under the circumstances. Another way of putting it is failure to behave as a sanely prudent person would. Negligence can be demonstrated through person ’ randomness actions ( like speed or driving drink ) or through an omission ( such as failing to remove a know hazard from one ’ sulfur business place ) .
To win a personal injury casing, the victim must show that the defendant was negligent. There are four specific elements that are required under Illinois law :
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- Duty of care. The defendant must have owed a duty of care to the plaintiff. Sometimes a duty arises out of a personal relationship between the parties, such as doctor and patient. But this isn’t always necessary. For example, when you drive on a highway, you owe a duty to other motorists not to be careless.
- Breach. Next, the plaintiff must demonstrate that the defendant breached the duty of care. This is where the defendant’s negligent acts and/or omissions are brought out. It also covers situations where the at-fault party breaks a law or engages in intentional wrongdoing. Breach is usually the most contested part of a personal injury lawsuit.
- Causation. The defendant’s breach has to actually cause injury to the plaintiff. If the defendant acted negligently but didn’t harm to the plaintiff, this element fails.
- Damages. These are the losses for which the plaintiff will demand financial compensation. Some of the most common damages are medical expenses, lost wages, lost earning capacity, and pain and suffering. The nature and amount of damages are hotly disputed in most personal injury cases.
Examples of Chicago Personal Injury Cases We Handle
There ’ s a wide kind of cases that fall under the category of personal injury. They include :