What is a Personal Injury Lawsuit?
Personal injury lawsuits occur when individuals sue other persons or entities for any damage that that they wrongfully caused them. Generally, they must demonstrate the following:
- Their injuries;
- The defendant's conduct; and
- How the defendant's conduct caused their injuries.
Typically, the kind of suit that victims pursue is called negligence. Negligence maintains that the defendant acted unreasonably in the situation and injured the plaintiff as a result. There are many different forms of personal injury lawsuits in Illinois and it is important to have an experienced lawyer handle your case from the beginning.
What do I Have to Prove to win an Illinois Personal Injury Case?
What's the case? What do I have to prove? This is the threshold question we hear and have to answer time and again with Illinois personal injury victims because it addresses whether or not they will be able to recover compensation. Generally, you need to prove that the defendant's misconduct caused you injury. Most cases will take the shape of negligence. This form of lawsuit requires you to prove that the offender owed you some duty, he or she broke that duty, you were injured, and the offender was to blame for it. You must do all of this by a preponderance of the evidence. This level of burden means more likely than not so that's not a hard bar to clear, something akin to more fifty percent.
What are Other Kinds of Personal Injury Suits?
Your Illinois personal injury suit might not be for negligence. For instance, many plaintiffs file medical malpractice claims against defendants for the bodily injuries that they sustain. In that kind of suit, you would be required to show that a medical provider did not offer you sufficient service and that you suffered harms because of that deficient healthcare. Alternatively, you can sue the manufacturer of a toy, work equipment, or any product if you were injured while using it in a reasonable way. Products liability suits are incredibly common in Illinois but are also incredibly complex factually and legally. Finally, if your loved one dies because of the conduct of another, then you can sue him or her for wrongful death damages. Wrongful death suits can recover compensation for the loss and expense that the death gave the family. These are the main forms of cases that plaintiffs bring outside of negligence. To understand them in greater detail, and to learn about other kinds of suits, call our offices today.
What Defenses can the Defendant use in Personal Injury Litigation?
Defendants have many defenses at their disposal in Illinois personal injury cases. They can argue it was not them. They can point the finger at some third party. Similarly, companies can claim that their employee or independent contractors are responsible and fault should not be imputed to them. Normally, it is imputed under the theory of respondeat superior that holds masters liable for the acts of their servants. However, this logic is broken when those servants go beyond the scope of their service or employment. Defendants can also try and say that the plaintiffs consented to the circumstances or assumed the risk. Finally, a defendant might allege that a plaintiff's recovery should be limited by his or her portion of the blame or entirely if the plaintiff was more than 50% responsible for the incident. This is straight from Illinois' rule on comparative fault. See 735 ILCS 5/2-1116. Obviously, these defenses are extraordinarily fact-intensive and require a strong knowledge of the law and circumstances to be dismantled.
How do I Respond to Defendant's Allegations in Personal Injury Suits?
Now that we've reviewed some of the most common excuses that defendants offer in Illinois personal injury cases, it's time to go over how you can respond to them. Many personal injury suits involve employees. Therefore, to get the company on the hook it is important to ask for or gather on your own proof of employment as well as a sense of the person's job responsibilities. This will allow you to prove that what the person was doing was for the good of the company and that as such the company should be responsible for your harms. To counter the defendant's claim that your damages are excessive, you should itemize all of your receipts for the expenses of the injury and line up laws that bolster your right to reimbursement for them. Finally, to deny that you should be held responsible for any portion of the incident, find similar cases that affirm you shouldn't be liable. These are just of the ways that you can respond to the defendant's maneuvers but there are many more. Our law offices can help you plan and execute the best comebacks to any excuses that they throw at you. Just give us a call.
Still Have Questions About Illinois Personal Injury Lawsuits?
Rosenfeld Injury Lawyers LLC works with victims of personal injuries every day in Chicago and other towns around Illinois. We see so many different kinds of accidents that it would be impossible to list them all. However, they all inflict the same disaster on the lives of their victims. This is why we fight so hard to help them move on from the incident. Also, we represent all of our clients on a contingency-fee basis. This ensures that you don't have to expend any money on the lawsuit until it is over and you are happy with the conclusion. To hear about what recovery you could achieve, call Rosenfeld Injury Lawyers LLC today.