Illinois Work-Related Injuries and Compensation

Personal injury law is the body of law that permits the injured party to collect damages or settlements against the other party. The term is also used in many other contexts to describe different types of lawsuits, including accidents, negligence, contract disputes and litigation against a public official. A person who has been harmed due to another party’s failure to exercise reasonable care is a victim. Many people do sue other people to recover damages from them; therefore, personal injury law is known as tort law. Tort law governs how courts determine who is responsible for injuries that happen in the course of a person’s employment.

Personal injury law is primarily a system of laws that govern private parties. Therefore, one who is harmed because of the negligence or recklessness of another party has a claim for compensation. In many cases, personal injury law is used to determine who is held responsible for injuries caused by products or actions taken in the course of a person’s employment. For example, if a worker is severely injured on the job, rather than on the property of another party, the employer may be found liable for failing to provide adequate safety equipment or making employees work in conditions that create a danger to their health.

In order to bring a lawsuit under personal injury law, a plaintiff must establish that the defendant had a duty to act or refrain from acting in a certain way that caused her harm. For instance, if a delivery driver was supposed to turn down a sidewalk, but failed to do so, the plaintiff may have a claim for damages. A driver who fails to yield to a pedestrian on a crosswalk has a duty to exercise reasonably. Similarly, if a driver is making a turn at a green light, a driver must exercise reasonable diligence. If the defendant failed to properly signal a turn, then a pedestrian could have a claim for civil damages because the lack of signalization deprived her of the protection of normal signalization.

Many personal injury laws contain special provisions for accidents at home, on the premises of others, and even in public. For example, if a dog bites someone at home, the owner may be held liable for damages even if the dog was not licensed. Personal injury laws also often include additional claims for damages when an injured person is injured on a public place, such as a sidewalk, or if the victim is injured while attempting to perform some kind of ordinary activity. Damages may also be recovered for damages resulting from an assault, battery, child abuse, or medical malpractice. Some states allow claims for damages for negligent acts or gross negligence by businesses.

In most instances, a person filing a personal injury lawsuit will receive compensation only if their attorney obtains the services of a criminal law attorney. Because criminal law cases involve issues of criminal jurisdiction, there are a great number of complex issues that cannot be settled by a personal injury case. Criminal cases require an experienced attorney who has the experience to guide his clients through the legal process. Because these cases involve state law, local courts might have different rules or procedures applicable to the nature of the claim than federal courts do. A criminal lawyer can advise his client about how to obtain the most favorable results in any state court.

Many states consider an automobile accident to be a personal injury case even if it occurred on a public road or highway. States that follow this precedent rule generally require that a motor vehicle accident in which the injured person’s car is damaged or killed must be reported to the state’s Department of Motor Vehicles or designated Motor Vehicle Crash Central Registry. The state DMV will assign an accident report to the car owner, or driver, who is legally required to obtain a copy of the report within a certain period of time after the accident. However, may challenge the constitutionality of this requirement. If your lawyer can show that the statute of limitations for filing a report is invalidated because the reporting requirement is itself illegal, you may be able to get the court to dismiss the complaint. Your attorney may also be able to convince the court that the accident did not occur on a public road or highway, or that it did not result in personal injury, if it was caused by a “source of harm” that did not exist at the time of the accident.

Other states follow a separate system for assessing and collecting damages. In a civil case, a lawyer representing the injured person files a lawsuit against the other party or parties. To start the lawsuit, the personal injury law firm prepares a factual legal background. Based on that information and documents from the court, the personal injury law firm then pursues its claim by filing a lawsuit.

Filing a wrongful death suit in a civil court follows the same process as a car wreck suit in a state court, with a few differences. In a wrongful death case, the personal injury law firm will try to determine if its clients are entitled to compensation under the common law. If the firm wins the case, it usually awards a cash settlement or other forms of monetary compensation to the surviving family members.