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Exploring 7 Common Personal Injury Cases

Posted on September 11, 2023 in

If you’re seeking a personal injury lawyer in Chicago, chances are that you have been injured as a result of someone else’s carelessness. Personal injury claims encompass a variety of scenarios. They can arise from car accidents, workplace incidents, defective products, medical malpractice, slip-and-fall incidents, and more. These claims seek to recover compensation for the physical, emotional, and financial hardship inflicted upon the victim. By holding the responsible party accountable, personal injury claims aim to provide victims with the necessary resources and support to heal and rebuild their lives.

A personal injury case arises when an individual experiences harm or injury as a result of another person’s misconduct. This misconduct can take different forms, but it is most commonly due to negligence. Negligence refers to someone’s failure to exercise proper care or caution, resulting in harm to another person. For instance, a car accident caused by a driver who was not paying attention to the road can be considered a case of negligence.

However, personal injury claims can also stem from more severe forms of misconduct. Recklessness is one such example, which is characterized by blatant disregard for the safety of others. An intoxicated driver who causes an accident would fall into this category.

In addition to negligence and recklessness, personal injury cases can also arise from intentional misconduct. This involves an individual purposely causing harm to another person, such as in a “road rage” incident. These types of cases often lead to criminal charges in addition to the personal injury claim.

Engaging the services of a personal injury attorney is highly recommended when pursuing an injury claim, as they have the knowledge and experience to navigate the legal complexities involved. They can help the plaintiff gather evidence, negotiate with insurance companies, and represent their interests in court if necessary. A qualified personal injury lawyer in Chicago can ensure you have the best chance of getting the compensation you deserve. Let’s take a look at seven of the most common personal injury cases.

1. Motor Vehicle Accidents

An image of a wrecked vehicle involved in a personal injury claim

Personal injury cases resulting from motor vehicle accidents encompass a wide range of injuries and damages. This may include physical injuries like broken bones, spinal cord injuries, traumatic brain injuries, and internal organ damage. Moreover, victims often suffer financial burdens due to medical expenses, loss of wages, and property damage.

When it comes to personal injury cases arising from auto accidents, motorcycle accidents, trucking accidents, or pedestrian accidents, it’s essential for victims to seek legal representation. An experienced attorney can help navigate complex insurance claims, negotiate with insurance companies, and pursue legal action if necessary. They can fight for compensation for medical bills, lost wages, pain and suffering, and other related damages.

2. Medical Malpractice

A surgical team provides care for a patient

Personal injury claims stemming from medical malpractice are another common suit. Medical malpractice refers to situations where a healthcare provider, often a physician, harms a patient due to substandard medical care. There are various scenarios that can lead to a malpractice suit, such as surgical errors, misdiagnoses, failure to diagnose a dangerous condition, or providing improper treatment or prescriptions.

Medical malpractice claims require a thorough investigation, including the gathering of medical records, expert consultations, and the examination of potential damages suffered by the patient. Compensation sought in these claims can encompass medical expenses, lost wages, emotional distress, and physical pain and suffering. It is essential for individuals who suspect they may have been a victim of medical malpractice to consult with an experienced attorney who specializes in this area of law. You’ll want to work with the best personal injury lawyer in Chicago who can assess the merits of the case, guide you through the legal process, and fight to secure the fair compensation you deserve.

3. Product Liability

Product liability claims can give rise to some of the more unique types of personal injury lawsuits. These claims stem from instances in which an individual sustains an injury due to an unreasonably dangerous consumer product. In order to pursue a product liability claim, it is necessary to demonstrate that the product in question was defective in its design or manufacturing or lacked adequate warnings regarding its potential dangers. Often, these claims will target not only the manufacturer but also other entities involved in the product’s distribution chain. This complex network of responsibility can make these lawsuits intricate and require careful investigation and legal expertise.

4. Wrongful Death

Any type of personal injury claim can become a wrongful death claim if the victim passes away due to the injuries. Wrongful death laws can seem complicated and challenging to navigate, which is why it is crucial to seek expert legal representation in such cases. In essence, when a victim dies, their probate estate and specific family members may have the right to file a wrongful death lawsuit and receive compensation for their loss.

If the deceased victim’s estate has already paid for certain expenses, such as funeral and burial costs, the court will commonly reimburse the estate. It’s worth noting that the laws surrounding wrongful death claims vary from state to state, and the specific circumstances of the case can also influence the outcome. Therefore, seeking knowledgeable legal counsel is essential in understanding and pursuing a wrongful death claim to ensure you receive the compensation and justice you deserve. A qualified personal injury lawyer in Chicago will be devoted exclusively to the pursuit of justice for those who have been injured or have suffered the wrongful death of a loved one.

5. Workplace Accidents

A forklift operator is exposed to certain workplace dangers during the workday

Workplace accidents are very common, and workers’ compensation insurance is a form of insurance that provides coverage for most workplace injuries. It ensures employees who are injured on the job receive compensation for their medical costs, lost wages, and other related expenses. One of the major advantages of filing a workers’ compensation claim is that it doesn’t require you to prove that your employer was at fault for the accident or injury.

However, there are limitations to workers’ compensation claims. One significant disadvantage is that you cannot receive non-economic damages, such as compensation for pain and suffering. Workers’ compensation is designed to provide economic relief by covering medical bills and lost earnings, but it does not address the emotional or psychological impact of an injury. This can be frustrating for those who have suffered severe pain or emotional distress as a result of a workplace accident. As a result, it’s essential that plaintiffs retain a qualified attorney in order to receive the maximum compensation.

6. Premises Liability Accidents

Premises liability is a legal concept that holds the owner or operator of a public establishment, and even a private home, accountable for maintaining a safe environment for individuals who enter the premises. This responsibility extends to guests, workers such as mail carriers, and even certain types of trespassers.

The majority of premises liability claims are usually filed against businesses. Among the various types of premises liability claims, slip-and-fall accidents are the most common. When someone slips, trips, or falls due to a hazardous condition on the property, such as wet floors, broken steps, or uneven surfaces, a qualified personal injury lawyer in Chicago can help get compensation for injuries that range from minor bruises to more serious broken bones or head injuries. In these cases, the owner or operator of the premises may be held liable for the injuries sustained.

If you have a premises liability case, it’s important to consult with a qualified attorney who specializes in personal injury law. They will be able to guide you through the legal process and help you understand your rights as well as the strength of your claim.

7. Assault, Battery, and Willful Violence

In some unfortunate instances, anger or other factors can escalate a disagreement or argument into a physical altercation between two or more parties. This type of clash can have serious consequences and may result in personal injury claims. Various forms of willful violence can lead to lawsuits, including getting into fights, road rage incidents, the pursuit of revenge, and arguments that turn violent.

When individuals engage in physical confrontations, it often results in physical harm to one or both parties involved. This can include injuries such as cuts, bruises, broken bones, or even more severe consequences like concussions or internal injuries. In addition to the physical toll, these altercations can also have a significant financial impact. Medical expenses, therapy or rehabilitation costs, and potential loss of income due to time off work can add up quickly and lead to additional stress.

Regardless of the specific circumstances, incidents involving willful violence can have profound physical, financial, and emotional impacts on the victims. Seeking the assistance of a qualified attorney is crucial in navigating these complex claims and achieving the best possible outcome.

Personal injury claims exist to provide justice and financial support for individuals who have been injured due to someone else’s negligence. By pursuing a claim with a qualified personal injury lawyer in Chicago, like Duncan Law Group, you can not only receive the compensation you deserve but also hold the responsible party accountable for their actions, preventing similar incidents from happening to others in the future.