A little caution can go a long way toward preventing injuries and keeping you and your family safe. Unfortunately, if another person acts recklessly or carelessly around you, an accident may be inevitable. An incident could cause significant physical injuries, economic loss, and emotional damage through no fault of your own.
Fortunately, a dedicated attorney could help you obtain compensation for all of your injuries and losses by helping you file a lawsuit against the person or entity that wronged you. By working with an Elgin personal injury attorney, he could more effectively collect and present liability evidence and greatly increase the odds of receiving the compensation he deserves for his claim. In English .
The Basics of Elgin Personal Injury Law
While there are some exceptions, almost all personal injury cases in the area are based on a theory of legal malpractice. This theory allows someone to hold another financially responsible for any harm they caused, even if they did not intend to hurt 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 that results in personal injury.
First, the defendant must have owed a duty of care to the injured plaintiff, meaning that he or she had an implied or explicit responsibility in the situation to act with care and avoid causing harm to anyone.
Next, the defendant must have breached his or her duty of care through reckless, careless, or intentional action. That violation must have caused the injury for which the plaintiff sued.
Finally, the plaintiff must demonstrate that he suffered compensable losses as a direct consequence of said accident, for which he is now seeking compensation. A local personal injury representative could provide crucial assistance in proving the existence of all of these elements in a case based on the preponderance of the available evidence.
Recovery of All Available Damages
For an accident victim to have grounds to file a lawsuit, they must have suffered at least one physical injury that required some amount of professional medical care. The expenses related to that care would form the basis of a subsequent lawsuit and the compensation that a plaintiff would pursue through it.
However, medical bills are far from the only type of loss for which an Elgin personal injury attorney might seek restitution on behalf of an injured person. Depending on the circumstances, many other economic and non-economic damages may be considered in a civil lawsuit, including, but not limited to:
- Lost labor wages
- Loss of earning capacity
- Expenses for repair or replacement of the property
- Physical pain and suffering
- Emotional distress
- Loss of consortium with a spouse
- Loss of enjoyment of life
- Permanent disability or disfigurement
Talk to an Elgin Personal Injury Lawyer About Legal Options
Proving negligence and demonstrating specific losses is only part of the work that must be done in a successful personal injury civil lawsuit. In most cases, plaintiffs must also contest comparative fault allegations made against them, ensure they file a lawsuit within the deadline set by the applicable statute of limitations, and avoid various other legal obstacles.
Regardless of the obstacles, an Elgin personal injury attorney could help you navigate and effectively pursue the compensation you deserve. Call the Law Offices of RF Wittmeyer, Ltd. today to learn more about your legal options.