You need an experienced attorney when filing personal injury claims. It’s hard to imagine being involved in an accident that happens suddenly and unexpectedly, and that changes the course of your life because of serious personal injuries. Yet for many personal injury victims in Schaumburg and the surrounding areas of Illinois, this is exactly what happens. When another person’s negligence causes a crash, a slip and fall, a workplace accident, or another type of severe accident and someone is seriously injured, the injured party has the right to seek damages. In these cases, damages means monetary compensation for their injuries and related losses.
At the office of Claim Your Justice, our Schaumburg personal injury lawyers can help you navigate the claims process, proving fault, and understanding how a personal injury settlement is calculated. Consider the following about damages in a personal injury claim and the role of a Schaumburg personal injury lawyer, and then call Claim Your Justice directly for a free consultation and the support and legal guidance you need.
When a person is injured and someone else is to blame, they may have a cause of action to file a personal injury claim or lawsuit for damages. There are multiple types of personal injury claims, all of which our Schaumburg personal injury lawyers have experience handling. Common types of personal injury claims include:
Unfortunately, a person cannot file a personal injury claim merely because they have been involved in an accident and suffered harm, or merely because another party has done something negligent. Instead, in order to bring forth a personal injury claim that’s successful, a plaintiff must be able to produce evidence to satisfy the four elements: 1) Duty; 2) Breach of the Duty; 3) Causation; and 4) Damages. Below is a more detailed explanation of these four elements:
When a person is involved in an accident, regardless of the accident type, there is the potential to suffer serious injuries. Some of the most common types of injuries and damages in a personal injury claim include:
It’s not just physical or psychological injuries that a person suffers after an accident. The above injuries can result in high medical bills, lost wages, physical pain and suffering, strains on romantic and social relationships, the need to remodel a home for disability accommodations, and more.
There are three types of damages that are commonly recoverable in a personal injury claim: economic damages, non-economic damages, and punitive damages.
Economic damages are based on total economic losses. It is much more difficult, however, to calculate non-economic and punitive damages. It is the non-economic damage component of your personal injury claim the Claim Your Justice attorneys focus on and excel in.
Factors that impact non-economic damages and pain and suffering include the severity of injuries, victim’s age, income level, earning capacity and earning potential, any special talents or opportunities that the victim may have enjoyed but for the injury, whether or not the victim has a spouse or any children, and any other special circumstances. Typically, those who are younger and who have families are awarded larger settlements for pain and suffering, particularly when injuries are especially severe.
Punitive damages are also difficult to calculate. Jury instructions state that when considering the amount of punitive damages to award a plaintiff, jurors should consider how reprehensible the defendant’s conduct was, the actual and potential harm the defendant’s conduct caused to the plaintiff, and the amount of money that’s necessary to punish the defendant and discourage others from engaging in future wrongful acts. It’s also noted that the amount of punitive damages awarded must be reasonable and proportional to the actual and potential harm suffered by the plaintiff.
If you have been involved in a serious accident, you need a Schaumburg personal injury lawyer on your side. A personal injury attorney will not only work hard to prove fault but also to prove the extent of damages you’ve suffered and advocate for a maximum settlement. To learn more about how a Claim Your Justice Schaumburg personal injury attorney from the office of Claim Your Justice can help you, call us directly at 847-434-3555 or send us a message online at your convenience. We are here to fight for you.
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We are highly experienced personal injury lawyers. We know how to help accident victims receive the full financial compensation they deserve. Our Winning Team is focused, dedicated, and sensitive to each of our client's needs. We are here to help you 24 hours a day, 7 days a week.