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What are Types of Personal Injury Cases?
The most common types of personal injury cases in Illinois and across America are automobile and other vehicle accidents (including bicycles), workplace incidents (including construction), medical malpractice, nursing home injuries, animal attacks (especially dogs), and wrongful deaths.
However, there are many others. For all of them, you can recover for the total extent of your injuries.
What are the Different Kinds of Illinois Personal Injury Cases?
Identifying all the different breeds of Illinois personal injury case types requires an analysis of the defendant's actions. Were the defendants acting intentionally? If so, you might be able to sue them for an intentional tort like battery, assault, or false imprisonment just to name a few. Did the defendants harm you accidentally? If they didn't mean to injure you, you still might be able to recover damages from them if their conduct is deemed unreasonable for the circumstances. This cause of action is known as negligence and occupies a foremost place in civil litigation for personal injury cases in Illinois and the nation. Finally, did the defendants break some rule or law. If they violated some norm, you might be able to sue them for negligence per or on a theory of strict liability. These cases hold defendants liable if certain outcomes happen regardless of how because the laws are meant to prevent them from occurring.
How do Juries Decide Personal Injury Cases?
Whether you are suing for intentional tort, negligence, or some other theory of liability in an Illinois personal injury lawsuit, the way that the jury decides the case will be relatively the same. They listen to the opening arguments; they follow the direct and cross examinations; they take in both sides' closing statements. Then, after all of that, they go into deliberations. Before they do this however, there is actually one critical step: the judge gives them instructions on how they should decide the case. Illinois has specific jury instructions for different kinds of cases like negligence and medical malpractice. So this is the process but keep in mind that once the jury is the deliberation room they can use pretty much whatever formula they want to come to a decision. Therefore, it is critical to review how juries typically decide certain cases to have a decent idea of how yours might be decided.
What Does it Take to Bring a Case for Personal Injuries?
First and foremost, pursuing relief for personal injuries in Illinois takes an intimate knowledge of the law and case history. Defendants will use this against you at every point in the lawsuit so it is important to be able to counter their efforts with a superior understanding. Second, Illinois personal injury lawsuits take significant energy and resources to gather evidence, facts, and witnesses to build your case. These cases are incredibly focused on the facts as opposed to the theoretical legal back and forth that takes place in appellate courtrooms. Therefore, investing in this work early is critical to the success of your case. Third, your Illinois personal injury lawsuit will demand a persuasive performance in court regardless if you are targeting jury award or settlement. This is true because you need to convince the jury you're right before the defendant will be convinced to negotiate. Jury presentation takes experience, skill, and practice.
As you can see, it is not easy to bring a case for personal injuries in Illinois and, as you can imagine, this review does not cover everything that is required. Therefore, having qualified counsel represent your interests in court can make or break your chances for recovery.
How Does Trial Differ From Settlement in Personal Injury Cases?
The mechanics of trial and settlement are very in Illinois personal injury cases. Think of court like a formal dance with specific moves and rules. Think of settlement like the Wild West. In the latter, you are left to your own devices to convince the other side that you are in the right and by how much in are in the right. However, you also don't have a sympathetic jury to speak to and potentially receive empathy from. Both settlement and trial have challenges and opportunities and it is important to look at each of them before and during a personal injury lawsuit.
Want to Know About Other Types of Personal Injury Cases in Illinois?
Rosenfeld Injury Lawyers LLC constantly encounters different and unique accidents. We meet with people that have been involved in incidents we have never encountered before. Even your case might be unlike any other. Yet, they all go through the same legal processes and procedures. When that happens, we can help out in all that you need done for your Illinois personal injury suit. Also, we can do this at no-cost until the dispute is over. Want to hear more about how you can obtain the compensation that you deserve? Call us today.