Personal injury claims are becoming more common in many fields including road accidents, workplace accidents and occupational injuries. These claims involve damage to the victim’s body, mental trauma, physical injuries, loss of income, pain and suffering, and expenses. Injuries occur when a person is injured while engaged in work or while at a site where the victim’s work entails entering.
In order to file a personal injury claim, an individual needs to prove that the injury was the result of negligence. Although many people are not careful about their driving skills, there are also drivers who have not taken adequate care for their own safety. Personal injury cases are filed by victims whose bodies are broken or otherwise damaged by accidents caused by drivers.
Accident liabilities usually fall under three general categories: standard contributory negligence, strict liability and special contributory negligence. Standard contributory negligence refers to the failure of drivers to take adequate measures to prevent accidents from occurring. Drivers who operate vehicles for which they are responsible are held liable for bodily injuries they cause when they violate a statute of limitations. Speeding and driving under the influence of alcohol or drugs are examples of actions that would bring liability into the Standard contributory negligence category.
Standard contributory negligence means that individuals who are injured while engaging in driving activities are responsible for the injuries sustained as a result of the violation of the law, regardless of whether their negligence contributed to the accident or not. Factors which fall into this category include the type of vehicle and driver; the location of the accident; the weather conditions; the speed of the vehicle; the age and state of the driver; the area of the road where the accident occurs; and the route taken by the vehicle.
In terms of contributory negligence, most states do not require an injured party to have been present at the time of the accident. It can be argued that injuries are the result of the negligent conduct of others and therefore the state may hold an individual liable for injuries caused by others. Even if the injured party was present at the time of the accident, the defendant may be found liable. Liability can be found in one of two ways: general negligence or specific negligence.
General negligence in a case involving personal injury occurs when the defendant’s conduct falls outside the scope of the statute of limitations. As with standard contributory negligence, any driver is liable for injuries incurred if their conduct falls outside the statute of limitations. Specific negligence requires proof that the defendant had knowledge of a certain risk that the person driving would experience an accident and did not take precautions to minimize the risk. This is often recognized in cases of defective products.
Liability for personal injury may be settled out of court or brought against the defendant in civil court. While settling the lawsuit out of court may ensure that the person suing will receive reasonable compensation, cases involving the latter option have higher fees.
No matter what the outcome of personal injury cases is, there are many people who seek compensation for personal injuries they have suffered. However, when choosing a qualified attorney to represent you in your case, ensure that he or she has a background in personal injury law. Contact the best Chicago Personal Injury Attorney to get more relevant and useful information regarding personal injury claims.