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Introduction to Personal Injury
Personal injury law refers to the circumstances where one has been physically or emotionally injured and/or personal property has been damaged. The legal term often used to describe a personal injury is a tort.
Personal injury or tort law is the legal right to obtain compensation or money damages for the careless, intentional, or reckless conduct of another. The type of damages can be personal injuries to an individual or damages to an individual’s property.
Illinois State Personal Injury Law
State law usually applies to cases of personal injury; however federal or international law may apply if the injury involves individuals from different states or countries. In most cases, an injured or harmed party, called the plaintiff, brings a claim or lawsuit, against the person that caused the injury, the defendant, in the state where the injury occurred.
Personal Injury Claim
A person can only bring a personal injury case if an injury occurred that can be compensated. The injured party has the burden to show that he or she sustained an injury and that he or she should be awarded compensation for the injury. If, for instance, you were in an automobile accident as a result of another person’s fault or negligence, you may not obtain money damages unless you can prove that you sustained an injury.
Who's at Fault?
In every personal injury case, the injured party must determine who is responsible for the injury. Another term used for responsibility is liability or the “liable party.” The liable party may be required to pay damages because of specific conduct. The law recognizes different types of fault that may allow for a personal injury claim.
These degrees of fault are:
- Negligence
- Intentional acts
- Strict liability or no fault torts
The law allows for compensation for all these degrees of fault. The type of fault necessary to obtain compensation depends on the conduct at issue and the circumstances of each case. If you have been injured in any way, please contact Staver & Gainsberg at 312-422-1130, to find out the type of case you may have and whether you may recover damages against a liable party.
Staver & Gainsberg
In addition, in every personal injury case, it is important to contact an attorney to allow the attorney to investigate the accident site, to preserve evidence, and to file a lawsuit within the applicable time period or statute of limitations.
If you or a family member has been injured in any way, please call Staver & Gainsberg immediately at (312) 422-1130 to explore your legal options.
The initial consultation is free.
In personal injury cases, you can hire us on a contingency basis, which means we will not be paid unless we obtain money compensation for you. There is absolutely no charge for your initial call to us and we urge you to call if you have been injured.
Disclaimer: The information on this website is not intended as a
legal opinion or legal advice. The facts of every case are different and give
rise to issues that may not even be discussed here. You are urged to consult an
attorney who is licensed to practice in your area before you take any legal
action.
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