What Constitutes Personal Injury?

Personal injury actions are based on tort law. A “tort” is a negligent act that results in injury, suffering, or harm to another individual. Tort law can be put into three different categories:

  • Intentional (assault and battery for example)
  • Unintentional (any claim for negligence such as dog bites)
  • Product liability or strict liability

Personal injury cases cover a broad spectrum of situations or settings; a victim may consult with a Naperville personal injury lawyer for such common events as slip and fall injuries, product liability, vehicle accidents, premises liability as well as product liability.

What is a personal injury claim?

A claim can be filed in court when a plaintiff suffers injury because of unintentional accidents. In many cases, the plaintiff is an individual although in class action suits there are invariably many claimants.

The majority of claims are based on a negligent act. To prove negligence, it is not necessary to show that the defendant intentionally caused the accident and injury. A personal injury lawyer will show that the defendant owed the plaintiff a “duty of care,” that duty was breached which in turn resulted in injury.

Filing a personal injury lawsuit:

Injuries must be attended to; the first thing is to seek medical care, whatever the doctor believes must be done should be done. Without proof, there is no claim:

  • The extent of the injuries must be documented,; no personal injury claim could prosper without evidence
  • To prove the injury get statements from witnesses, if any, and substantiate the claim with photos

Damages:

To preserve your rights, it is always a good idea to discuss the claim with a Naperville personal injury lawyer. You have the right to seek compensation for your pain and suffering as well as compensation for all medical expenses, lost income and any detrimental impact on your lifestyle.

If you have suffered injury through an act of negligence on the part of another individual; you should engage the services of a Naperville personal injury lawyer and sue for damages. For a free case evaluation, contact Shea Law Group. Like us on our facebook page.

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