Personal Injury Law encompasses a wide variety of situations in which a person is physically, emotionally and/or financially harmed by the wrongdoing of another.
A wrongful death is also be considered a personal injury case.
Some other common personal injury cases arise in the context of car accidents, truck accidents, motorcycle accidents, boating accidents, aviation accidents, railroad accidents, construction site accidents, product liability (dangerous or defective products), environmental pollutants (e.g. lead exposure, asbestos exposure), medical malpractice, nursing home abuse and others.
Damage to property might also fall under the heading of personal injury law.
If you or a loved one was injured due to someone else’s negligence, you may have what’s called a personal injury claim available to you. Personal injury law encompasses numerous scenarios where someone is physically and/or emotionally harmed and suffers financial losses due to the wrongdoing of another party.
If someone dies due to the incident, it’s what is known as a wrongful death, which is also a type of personal injury claim.
At VanDerGinst Law, we have years of experience helping Illinois clients with their personal injury claims. We are not afraid to take a hard stance with the at-fault party’s insurance company or their attorney and will fight for your rights and help you get the compensation you deserve.
Our attorneys have a proven track record of success in Illinois personal injury accidents.
What Types of Claims Fall Under Illinois Personal Injury Claims?
There are a number of different claim types that fall under personal injury law. Some of these include:
- Accidents — including vehicle, pedestrian, bicycle, motorcycle, boating, trucking, off-road vehicle, etc.
- Wrongful Death
- Products Liability
- Workers’ Compensation
- Construction Site Accidents
- Medical Malpractice
- Premises Liability — including dog bites and slip and falls
- Intentional Torts — including assault and battery
- Defamation — Slander and Libel
How Fault is Determined in Illinois Personal Injury Claims
In order to be successful with a personal injury claim in Illinois, you have to show the other party was negligent, reckless, or had intent. There are two main types of negligence — contributory and comparative. Illinois follows the comparative method.
With contributory negligence, you are barred from recovery if you are even 1% at fault for the accident. Comparative negligence allows you to have some degree of fault and still be able to recover some damages. Illinois is a modified comparative state, which means you cannot recover for damages if you are over 50% at fault.
Anything under 50% of your own fault, and you can recover, with your award being reduced by your percentage of liability. For example, if you were 10% at fault, you will receive 90% of a damages award.
In order to prove negligence, there are several conditions that must be met. These include:
- Duty: The defendant has to owe a legal duty to the plaintiff;
- Breach: The defendant breached said legal duty by doing something or failing to do something;
- Causation: The defendant’s actions or failure to act is what caused the plaintiff to be injured; and
- Damages: The plaintiff has to suffer damages.
In some cases, you may be dealing with strict liability. This is when the defendant is automatically liable, regardless of whether it was negligence or an intentional act. One example is a dangerous or defective product. This can include a manufacturing defect, a marketing defect, or a design defect.
Contact an Illinois Personal Injury Attorney
If you or a loved one were injured in an incident that falls under the personal injury area of law, speaking with a skilled Illinois personal injury attorney is highly recommended. The other side will vigorously fight liability in order to reduce the amount they have to pay out on behalf of their insured.
You need someone to represent your interests and make sure your rights are protected. Contact VanDerGinst Law today and let one of our skilled personal injury attorneys get you the compensation you deserve.