Proving fault in a personal injury case against an individual or corporation
Regardless of the specific circumstance behind the accident, the law states that the injured party must prove the following or he / she is not entitled to recover any damages:
1) Duty: The person who allegedly caused the accident or harm (referred to as the ‘Defendant) had a duty to act or not act in a particular manner– and not to injure the person bringing a claim or lawsuit (referred to as the “Plaintiff”). Example- the Motor Vehicle Code of Illinois states how drivers are to operate their vehicles and who has the right of way.
2) Breach of Duty: The second hurdle a plaintiff has the burden of proving in a personal injury case is the the defendant, breached their duty– or in English, acted inappropriately. Example- In the case of a car accident, when a car runs a red light and crashes into another vehicle, the driver thereby breached their duty.
3) Causation: The final element a plaintiff must tackle in any type of personal injury or medical negligence case it to establish that their injuries were causally related to the defendant’s conduct. Example- Getting back to our trusty car accident situation, plaintiff must provide documentation that the physical injuries they sustained were attributable to the accident. If a person has an injury to their back that requires a surgery, the law puts the onus on them to illicit medical testimony that the injury and subsequent medical procedure was related to the accident. If they can not establish the causation element, there will be no recovery.
Common types of personal injury cases
As established Chicago injury attorneys, we have experience representing people who have suffered injuries of various types and due to various mechanisms. Below is a list of cases that we regularly handle.
- Car Accidents
- Dog Bites
- Medical Negligence
- Trucking Accidents
- Bicycle Collisions
- Motorcycle Crashes
- Nursing Home Abuse
- Construction Accidents
- Accidents Resulting in Death
However, we also recognize there are circumstances that defy one type of category or may be due to a convergence of factors and have multiple parties whom are responsible. Regardless of your circumstance, we invite you to discuss your situation without cost or obligation on your end with one of our attorneys.
How much is your personal injury case worth?
Though the underlying explanation for the injury may differ from case to case, most victims of personal injury cases are entitled to monetary compensation (usually called damages) from the at-fault party. As lawyers for the injured, it is our responsibility to evaluate every case to determine how to present the case to an insurance company or jury in a manner that will maximize the money our client can get from the responsible part. Common types of damages associated with personal injury cases include:
- Past and future medical expenses
- Hospital bills
- Doctor expenses
- Pain and suffering
- Nursing car assistance
- Physical therapy
- Lost wages
- Funeral expenses
Rosenfeld Injury Lawyers focuses exclusively on representing individuals in personal injury cases. We never have worked, nor ever will work, for insurance companies or corporations.
Chicago Personal Injury Lawyers Working With The Clients’ Best Interest Always Front & Center
All of our Chicago personal injury cases are handled on a “contingency fee” basis — a legal fee is charged only if there is a recovery for the client. Our contingency fee arrangement, further protects the finances of our clients because our law office advances all litigation costs. We only recover these costs, where there is a recovery for you. If there is no recovery in a matter, our services are completely free.
Similarly, we invite any individual or family to talk with our lawyers regarding a potential case – free of charge and in a confidential manner. Rosenfeld Injury Lawyers’ experience in the field of personal injury law has allowed us to develop meaningful relationships with some of the most accomplished lawyers within specific practice areas, both in Chicago and throughout the country. If for some reason we cannot assist you, we would honor the opportunity to direct you to another lawyer whom we trust and with whom we have worked.
Time May be of the Essence For Your Accident Case?
There are many reasons why people delay in contacting an injury attorney following an accident. Perhaps you thought you didn’t need a lawyer? Perhaps you thought you’d recover from your injuries? Perhaps you assumed the insurance company was going to ‘take care’ of things?
Every injury and medical negligence case is governed by a time constraint for filing a lawsuit known as a statute of limitations. Your case must be filed within the time parameters or you will be forever barred from a recovery. Insurance companies have no responsibility to notify you of this time parameter. If you believe you have a personal injury case, call our office today to ensure that you receive the money that the law entitles you to! 888-424-5757Why Choose Rosenfeld Injury Lawyers?
- Our attorneys have been recognized by regional and national legal associates for their achievements
- A 99% success rate for our cases
- A team effort: we have attorney, paralegals, nurses, investigators and support staff– all working to help you.
- Millions dollars recovered for our clients
- A no fee guarantee- There will never be a legal fee charged without a recovery for you.
- Personal attention and service: Have a question? Confused about the process? We support our clients during every phase of a case– and after.
Chicago Personal Injury Resources: