Accidents happen, but when they occur because of someone else’s negligence, you shouldn’t have to suffer the consequences alone. At Crosby Law Firm, our experienced personal injury lawyer in Rockford, IL, is here to help you get justice and compensation.
Whether you were hurt in a slip and fall incident or a car accident, we will fight for you. We understand how overwhelming a serious injury can be. That’s why we handle the legal burden— so you can focus on healing. You can rely on our many years of experience handling personal injury cases in Illinois!
What Is a Personal Injury Claim vs a Lawsuit?
A person files a personal injury claim when they’re harmed due to the actions or inactions of another. The claim enables the injured party to seek compensation for their injuries against the person, people, or organization responsible.
A personal injury lawsuit comes into play if the claim cannot be settled through negotiations. It involves formally filing a complaint in court against the defendant(s) responsible for the injury.
To have a valid personal injury claim or lawsuit, several important elements must be present. A person simply being injured is not enough to file a successful case.
Understanding Personal Injury Claims
Success in a personal injury claim hinges on several important factors. An injury is obviously a prerequisite, but four other elements are generally necessary for a viable claim.
Duty of Care
The concept of duty of care is foundational in personal injury cases. It involves establishing that the defendant (the party responsible for the injury) had a responsibility to act or not act in a way that could cause harm to the injured party. This responsibility is a basic expectation in many scenarios.
For instance, drivers are expected to adhere to traffic rules to ensure the safety of others on the road. Similarly, property owners owe a duty of care to visitors to maintain a safe environment, free of foreseeable hazards.
Breach of Duty
A breach occurs when it’s proven that someone had a duty of care and failed to fulfill this obligation. As with the previous example, a driver who disregarded traffic laws would have breached their duty.
Causation
Causation links the defendant’s breach of duty to the victim’s injuries. For example, an injury from a car accident caused by a driver running a red light shows the causal relationship between the breach of duty and resulting harm.
Damages
The breach of duty must have resulted in damages. Damages can include physical injuries, monetary losses, property damage, pain and suffering, etc.
To succeed with a claim or lawsuit, an injury victim must establish all four of these elements.
Types of Personal Injury Cases
At Crosby Law Firm, we can assist with the following types of injury cases:
- Slip and Fall Accidents
- Car, Truck, and Motorcycle Accidents
- Aviation Accidents
- Boating Accidents
- Dog Bites
- Medical Malpractice
- Wrongful Death
- Workers’ Compensation
- Construction Accidents
Each type of case presents unique challenges and calls for specific legal skills. Our Rockford personal injury attorney understands the distinct elements involved in proving liability across different scenarios.
Common Injuries
Some common injuries seen in personal injury cases include, but are not limited to, the following:
- Birth injuries
- Traumatic brain injury (TBI)
- Broken bones
- Lacerations
- Burns
- Scarring
- Spinal cord damage
- Back and neck injuries
- Internal organ damage
- Soft tissue injuries
- PTSD
The severity and long-term impact of these injuries can vary significantly from person to person. As your injury lawyer, we’ll work to fully document the extent of your injuries and their impact on your life. This approach helps ensure we pursue compensation for your immediate medical expenses, future treatment needs, lost earning capacity, and other damages.
How To Win a Personal Injury Claim
Securing compensation in a personal injury case hinges on demonstrating the defendant’s negligence through sufficient evidence. Winning a personal injury case or filing a successful claim requires completing the following three steps:
- Establishing Negligence: As the injured party, the responsibility is on you to establish that the defendant’s actions or negligence caused your injuries.
- Providing Evidence: A combination of direct and indirect evidence must be available to substantiate your claim.
- Meeting the Standard of Proof: For personal injury claims, you must show the defendant’s liability based on a “preponderance of the evidence.” Essentially, this means demonstrating that it is more likely than not that the defendant is responsible for your injuries.
Your attorney will play a crucial role in collecting all the necessary evidence to support your claim. They will also be responsible for presenting it effectively to an insurer or court to make a compelling case.
Personal Injury Claim Process
The process by which your Rockford injury lawyer establishes your claim can be long and complicated. The journey from your initial accident through to the final settlement or trial involves several steps.
- Seek Legal Advice: Reach out to our personal injury attorney in Rockford, IL. We will help you fully understand your rights and Illinois personal injury law.
- Your Lawyer Conducts an Investigation: A thorough investigation is conducted to collect evidence that will support your case.
- Send a Demand Letter: A formal demand for compensation is made to the opposing party or their insurance company.
- Negotiations: There may be an opportunity for settlement negotiations before proceeding further. It’s important not to accept preliminary offers without legal guidance.
- Lawsuit Filing: Many personal injury claims are settled out of court. However, filing a lawsuit may be the best course of action in your situation. Filing also demonstrates to the at-fault party that you’re willing to pursue justice through trial. This has the potential to lead to a more favorable settlement.
- Discovery: If your case proceeds to court, the discovery process begins. This crucial phase involves collecting and exchanging evidence and facts of the case with all parties involved.
- Mediation: Post-discovery, the mediation process will allow both parties to attempt to once again reach a settlement agreement. Failing which, the case moves to trial, where a decision will be made.
Each of these steps is essential in the process of securing justice and compensation for your injuries.
Why Work With Our Personal Injury Attorney?
Working with a lawyer can improve your chances of winning a personal injury lawsuit or making a successful claim. Crosby Law Firm has the knowledge and experience to represent your case. With unwavering dedication, we fight for those injured due to the negligence of others. We will stand by you every step of the way throughout your journey to achieving compensation.
Contact Crosby Law Firm
If you were in an accident and suffered injuries, contact our Rockford personal injury lawyer for a consultation. Fighting alone can be frustrating and overwhelming. Partner with a team that is dedicated to your recovery and success. We offer peace of mind during a challenging time by taking on insurance companies and building your case step by step.
Personal Injury FAQs
When should you file a claim after suffering an injury?
You should speak to a lawyer about filing a personal injury claim as soon as possible after an accident. In most cases, the statute of limitations for filing a personal injury lawsuit in Illinois is two years. However, there are exceptions to this rule.
What actions should you take immediately after a personal injury?
The steps you take immediately following an accident can have a big impact on your ability to recover compensation. Here are some important steps to follow:
- Seek immediate medical attention for your injuries.
- Report the accident to the appropriate authorities (e.g., police, property manager).
- Document the scene and your injuries with photos and notes.
- Gather contact information from witnesses.
- Avoid discussing fault or details of the incident with others, especially on social media.
- Consult with a personal injury attorney to discuss your options.
Following these steps protects both your health and your legal rights. Remember, insurance companies will be looking for reasons to minimize or deny your claim. Taking precautions from the beginning can have a positive impact on your case.
