Personal Injury Claims: Your Rights and Options
If you’ve been injured in an accident due to someone else’s negligence, you are familiar with what a whirlwind your life can become. No one can see these kinds of life-changing accidents coming, and it’s not something any one can really prepare for. While dealing with all of that, you might also find yourself wondering how to protect your rights, and recover compensation.
Personal injury claims, or personal injury lawsuits, can provide a legal avenue to hold the responsible parties accountable and may help you to secure the necessary financial support you need to cover medical bills, lost wages, and other damages that are a result of the accident.
This blog is intended to act as an introduction to readers of some of the essentials of personal injury claims and steps you might take to help maximize your success. For official advice in your own path, specific circumstances, and potential suit, contact an experienced personal injury attorney at Patel Law, PC.
What Is a Personal Injury Claim?
A personal injury claim or personal injury lawsuit is the legal court process through which an injured person seeks to be compensated from the party responsible for their injuries. A personal injury suit can arise from many kinds of accidents, such as car accidents, truck accidents, slip and falls, etc.
After you suffer injuries in an accident, a personal injury attorney can help you understand next steps to take and help you maximize your position in pursuing a personal injury claim.
Key Components of a Personal Injury Claim
To succeed in a personal injury lawsuit or personal injury claim, you need to establish the following:
- Duty of Care: The responsible party owed you a duty of care, or a duty to act in a reasonable manner. For example, a driver is responsible for following the rules of the road.
- Breach of Duty: The responsible party failed to meet their duty of care. For example, a driver may breach their duty of care by taking reckless action such as running a red-light standard (e.g., running a red light).
- Causation: The failure in their duty to care directly caused your injuries.
- Damages: You can show that you suffered injuries that led to losses, such as medical expenses, pain and suffering is also considered.
Your Rights
Personal injury plaintiffs (people bringing a personal injury claim) are entitled to pursue compensation for the damages and losses you have suffered. It is important to note that the right to pursue compensation, does not mean you are entitled to collect compensation. You still must go through the proper processes and provide evidence to your claims.
You have the right to seek compensation for various things, such as:
- Medical Expenses: this might include proof of hospital bills, physical therapy costs, ongoing treatments, etc.
- Lost Wages: You can provide evidence of wages you have lost due to an inability to work caused by your injuries.
- Pain and Suffering: While these are less straight-forward, you can also pursue compensation for the physical and emotional pain caused by your injuries.
How Compensation Is Determined – Contact Patel Law
The amount of compensation a plaintiff receives depends on many factors, including the severity of your injuries and the damages you suffered because of the accident.
It is also important to understand that the choices you make in pursuing your claim can have a huge impact on your success. There are many critical issues that must be carefully navigated, such as time limits/statutes of limitations for cases. An experienced Urbana personal injury attorney at Patel Law, PC can help you navigate through any questions you have on your own claim, and the appropriate steps to take moving forward. Contact our office today to begin discussing your circumstances with our team.
Sources:
ilga.gov/documents/legislation/ilcs/documents/073500050K13-202.htm
ilga.gov/Documents/legislation/ilcs/documents/073500050K2-1116.htm
