Suffering an injury that wasn’t your fault can lead to a whirlwind of challenges, from mounting medical bills and lost wages to the disruption of daily life. The journey towards healing is not just physical but often entails seeking compensation for the injustice you’ve endured.
A personal injury claim serves as a crucial step towards restoring balance and securing financial support. Obtaining compensation is necessary for your recovery and ensures the responsible parties are held accountable.
However, while pursuing a claim is essential to receive compensation, the legal process can seem daunting. With the help of an experienced lawyer, you can receive the guidance you need to get the justice you deserve.
At the Crosby Law Firm, our Rockford personal injury attorneys are here to help you understand the elements of personal injury law. We aim to provide clarity in regards to your situation by identifying important factors that will support your claim.
What Is a Personal Injury Claim vs a Lawsuit?
An individual files a personal injury claim when they are harmed due to the actions or inaction of another person or entity. 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.
In order for a personal injury claim or lawsuit to be considered valid, there are many different elements that need to be present. A person being injured is not enough evidence to file a successful case.
Understanding Personal Injury Claims
The term “personal injury” encompasses a broad range of possible situations. Essentially, it pertains to harm inflicted upon an individual’s body or well-being.
Success in a personal injury claim hinges on several crucial factors. An injury is obviously a prerequisite, but four other elements are generally necessary to draft 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 refrain from acting 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 the defendant, who had a duty of care towards the injured party, failed to fulfill this obligation.
As explained in previous examples, a driver disregarding traffic laws or a property owner neglecting a known hazard, such as a broken stair, constitutes a breach of duty.
Causation
Causation links the defendant’s breach of duty to the injured party. It’s essential to demonstrate that the injury resulted directly from the defendant’s actions or negligence.
For instance, an injury resulting from a car accident caused by a driver running a red light showcases the causal relationship between the breach of duty and resulting harm.
Damages
Damages can encompass physical injuries, monetary losses, and any other harm suffered due to the actions or negligence of another.
Physical injuries can include things such as fractures, brain injury, lacerations, and more. Financial damages can include lost wages, medical expenses, and other related costs.
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
- Dog Bites
- Boating Accidents
- Medical Malpractice
- Wrongful Death
- Workers’ Compensation
Common Injuries
Some common injuries our Rockford personal injury lawyers encounter include, but are not limited to, the following:
- Birth Injury
- Traumatic Brain Injury (TBI)
- Broken Bones
- Lacerations
- Burns
- Spinal Cord Damage
- Back and Neck Injuries
- Internal Organ Damage
- Soft Tissue Injuries
- PTSD
- Wrongful Death
How to Win a Personal Injury Claim
Securing compensation in a personal injury case hinges on demonstrating the defendant’s negligence through sufficient evidence. 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.
Winning a personal injury case or filing a successful claim requires completing the three following 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 civil personal injury claims, you must establish the defendant’s negligence based on a preponderance of the evidence. Essentially, this means demonstrating that there is a significant likelihood that your allegations against the defendant are true.
Personal Injury Claim Process
The process by which your Rockford injury lawyer establishes your claim can be lengthy and complicated. The journey from your initial accident through to the final settlement or trial encompasses several steps.
- Receive Medical Care: Following the incident that leads to your injury, you must seek immediate medical attention.
- Notify Insurance: Relevant insurance companies should be informed as soon as possible about the accident and the resulting injuries.
- Seek Legal Advice: Reach out to our personal injury attorneys in Rockford, IL, at the Crosby Law Firm. 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.
- Draft and Send a Demand Letter: A formal demand for compensation is made to the opposing party and their insurance company for all damages.
- 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: While many personal injury claims are settled out of court, filing a lawsuit may be the best course of action in your situation. Filing also demonstrates to the at-fault party 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 will begin. This crucial phase involves collecting and exchanging evidence and facts of the case with parties involved in the lawsuit.
- 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 Attorneys
Working with a trusted Rockford injury lawyer can help increase the chances of winning a personal injury lawsuit or filing a successful claim.
When seeking representation, it’s crucial to choose a firm that fully understands the intricacies of the law.
With over 150 years of combined legal experience, the Crosby Law Firm has the knowledge and skill to represent your case. With our unwavering dedication, we fight for the rights of those injured due to the negligence of others. No case is too large or small for our team. We will stand by you every step of the way throughout your journey to achieving compensation.
Client 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 experiencing a personal injury accident?
- 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 legal rights and options.
Contact Us
If you were involved in an accident and believe you have a personal injury case, contact our Rockford personal injury lawyers for a free initial consultation.
Fighting alone can be frustrating and overwhelming. Choosing the Crosby Law Firm means partnering 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.
When representing you in connection with a personal injury case, our legal fees are not paid until you collect. Reach out to us today and allow us to represent your case. As dedicated personal injury attorneys in Rockford, IL, we’ll work hard to get you the compensation you deserve.