Know Your Legal Rights: 7 Basic Facts About Personal Injury Claims

personal injuryWhen a person suffers an injury due to the negligence, carelessness or actions of another person (whether intentional or intentional), a personal injury lawsuit may be the resulting response.  You may be wondering what types of injuries are typically involved in a personal injury case, and what type of compensation you may be entitled to if you do file a lawsuit.  Here is an overview of the types of cases we can assist with and what you might expect from a personal injury lawsuit.

Types of Personal Injury

  • Car accident – Many personal injury cases involve car accidents, as there is usually one driver that isn’t following the rules or is driving carelessly. Often, the insurance companies will handle matters fairly, but sometimes it may need to be escalated through your attorney.
  • Slip and Fall – Property owners have a legal responsibility to keep their premises reasonably safe, so they may be held liable if someone slips and falls due to the owner’s negligence.
  • Medical Malpractice – This occurs when a doctor, hospital or other health care provider causes an injury to their patient through their negligence (such as an error in diagnosis, treatment or health management).
  • Nursing Home Neglect or Abuse – There are numerous acts, or failures to act, that can cause a nursing home to be legally liable for the injury of a patient. Unqualified staff, inadequate safety policies, negligent supervision or substandard medical care can all leave a facility open to a lawsuit.

Types of Compensation for a Personal Injury Case

If the person who has suffered a loss wins their case, the compensation they receive is known as “damages”.  The person at fault (who caused the harm) must pay the damages, often in the form of a monetary award.  There are different types of damages that can be awarded in a personal injury case:

  • Compensatory Damages – these are intended to compensate the injured party for actual, verifiable losses they have incurred, such as medical bills, loss of income or property damage.
  • General Damages – these damages are less tangible, such as pain and suffering, emotional distress or loss of future income.
  • Punitive Damages – these are meant to punish the defendant for particularly appalling conduct. It often results in a very large monetary sum intended to significantly impact the defendant’s pocketbook, in order to deter them from repeating their actions.

The laws governing personal injury cases can be complex, and proving liability can be complicated.  But that should not deter you from seeking justice if you believe someone is legally responsible for your injury.  Churchill, Quinn, Richtman & Hamilton, Ltd has decades of experience representing our clients in their personal injury cases, both in and outside of court.  One of our qualified attorneys will gladly sit down with you or your loved one to determine how we can help, at no cost or obligation.  Contact us at 847-223-1500 or get more information here.