A little caution can go a long way towards preventing injuries and keeping you and your family safe. Unfortunately, if another person acts recklessly or carelessly around you, an accident may be unpreventable. An incident could lead to significant physical injuries, financial losses, and emotional damage by no fault of your own.
Fortunately, a dedicated attorney could help you pursue compensation for all of your injuries and losses by helping you file suit against the person or entity who wronged you. By working with an Elgin personal injury lawyer, you could more effectively collect and present evidence of civil liability and greatly increase the odds of receiving the compensation you deserve for your claim. En Español.
The Basics of Elgin Personal Injury Law
While there are some exceptions, nearly all personal injury cases in the area are based on a theory of legal negligence. This theory allows someone to hold another financially liable for any harm they caused even if they had no intention of hurting anyone.
There are four elements that make up legal negligence, all of which must be present for the defendant in a civil case to be held liable for an accident resulting in personal injury.
First, the defendant must have owed a duty of care to the injured plaintiff, meaning that they had an implicit or explicit responsibility in the situation to act carefully and avoid causing harm to anyone.
Next, the defendant must have breached their duty of care through a reckless, careless, or intentional action. That violation must then have caused the injury that the plaintiff filed suit over.
Lastly, the plaintiff must demonstrate that they suffered compensable losses as a direct result of that accident, for which they are now seeking compensation. A local personal injury representative could provide crucial assistance demonstrating the existence of all these elements in a case based on a preponderance of available evidence.
Recovering for All Available Damages
For an accident victim to have grounds to file suit, they must have suffered at least one physical injury that required some amount of professional medical care. Expenses related to that care would then form the foundation of an ensuing lawsuit and the compensation a plaintiff would pursue through it.
However, medical bills are far from the only type of loss a personal injury lawyer in Elgin could seek restitution for on an injured individual’s behalf. Depending on the circumstances, numerous other economic and non-economic damages may be factored into a civil claim, including but not limited to:
- Lost work wages
- Loss of earning capacity
- Expenses for property repair or replacement
- Physical pain and suffering
- Emotional anguish
- Loss of consortium with a spouse
- Loss of enjoyment of life
- Permanent disability or disfigurement
Talk to an Elgin Personal Injury Attorney About Legal Options
Proving negligence and demonstrating specific losses is only part of the work that has to go into a successful civil lawsuit for a personal injury. In most cases, plaintiffs must also contest allegations of comparative fault made against them, ensure they file suit within the deadline set by the applicable statute of limitations, and avoid various other legal roadblocks unique to particular types of claims.
No matter the obstacles, a qualified Elgin personal injury lawyer could help you navigate through them and effectively pursue the compensation you deserve. Call the Law Offices of R.F. Wittmeyer, Ltd. today to learn more about your legal options.