If you are out in a public space, you cannot always guarantee that the people around you will be as careful as you are. That’s why when you are involved in an accident in Chicago, you are entitled to reimbursements and payment of damages if you’re not the negligent party.
On the other hand, the negligent party is liable to reimburse medical fees and, in some cases, pay the value of property damages and lost wages. But before receiving payment, you must go through a process. Hence, you must consult a Chicago personal injury lawyer to prepare a claim.
An experienced personal injury attorney can guide you through the process and ensure you receive the compensation you deserve. The lawyer can also help you negotiate with insurance companies and represent you in court if necessary.
Types of Personal Injuries
Not all kinds of injuries are covered under personal injury laws. For example, if you were injured due to a workplace accident, you need to file a claim under the workers’ compensation program. But if you sustained your injuries from the following accidents, consulting a personal injury lawyer is your next best step:
- Car Accident Injuries
Injuries from car accidents are a very common cause of personal injury claims. If the other driver is at fault, you may need to file legal action to obtain compensation for medical bills, lost wages, and other damages.
- Slip and Fall Accidents
If you slip or fall in a commercial establishment or public place, you can file a personal injury claim against the owner or manager of the establishment. Owners have to maintain their buildings clean and safe. So, if there were lapses in property maintenance, they could be liable for your injuries.
- Medical Malpractice
Medical malpractice is committed by a health care provider who fails to provide the appropriate standard of care, resulting in harm or injury to a patient. This can include misdiagnosis, surgical errors, medication errors, and failure to diagnose.
- Injuries From Defective Products
Defective products that cause injuries or risk the safety of consumers may also be the subject of personal injury claims. A common example is defective drugs that were found to have serious side effects. Cars with defective brakes and airbags can also lead to personal injury claims.
Who Can Be Liable in Personal Injury Cases?
In personal injury cases, the negligent party will be liable to compensate the injured victim for losses and damages. The victim can seek reimbursement for medical expenses, lost wages, pain and suffering, and other related costs.
In car accidents, the at-fault driver will be liable. Owners and managers may be liable for slip and fall accidents, while doctors and nurses may be responsible in medical malpractice cases. For defective products, the manufacturer, distributor, and retailer may all be held accountable for injuries caused by the product.
To establish negligence, it must be proven that the other party has failed to act with reasonable care or follow standard procedures. This can be demonstrated by showing that a reasonable person in the same situation would have acted differently or taken additional precautions.
How a Personal Injury Lawyer in Chicago Helps
While recovering from your injuries, you must contact a personal injury lawyer immediately so they can prepare to file your claim. Once you have a lawyer, you must divulge all necessary information about the accident and other circumstances leading to your injuries.
Your lawyer will be able to assess the strength of your case and provide guidance on how to proceed. Below are some steps that a personal injury lawyer can help you with:
- Negotiate Settlements
Many personal injury claims are settled out of court. Some parties prefer this approach as it can be quicker and less expensive than going to trial. Still, ensuring that the offer adequately compensates the losses and damages incurred by the injured party is important.
A personal injury lawyer can help negotiate a fair settlement on your behalf. The lawyer can assess the value you need and ensure the at-fault party or insurance company covers all the necessary reimbursements, damages, and other losses.
- Prepare Evidence
If the other party is unwilling to negotiate a settlement outside of court, your personal injury claim must go to trial. Preparing for hearings and going through discovery is a tedious process, but a personal injury lawyer can help you.
Documents, receipts, and photos must be prepared to be used as evidence during the hearing. Your lawyer will know the specific requirements for each type of evidence and can guide you on how to present them to strengthen your case. It is important to follow their advice to ensure the evidence is admissible and effectively supports your claim.
- Court Representation
Ultimately, your personal injury lawyer will represent you during scheduled hearings until the trial is over. During the trial, your lawyer will present evidence and arguments on your behalf to the judge or jury. They will also cross-examine witnesses and challenge any evidence presented by the other party.
It is important to note that personal injury claims are civil actions. Hence, the court will award you monetary compensation if the other party is found to be liable. The at-fault party will not be imprisoned because it is not a criminal act. However, they may be required to pay fines or perform community service due to their negligence.
Should You Settle a Personal Injury Claim or Go to Court?
Settling a personal injury claim out of court is a better way to resolve the dispute because it saves both parties time, money, and emotional stress. Additionally, settlements can be more flexible and tailored to the specific needs of the injured party. But before negotiating with the other party, ensure you have a reputable personal injury lawyer in Chicago.
A personal injury lawyer can help you understand the value of your claim and negotiate a fair settlement. You’ll also get expert advice if pursuing a lawsuit would be more advantageous.
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