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Personal injury is a type of injury that deals with physical, mental and emotional harm done to a person because of the negligence of another person.  Once negligence has been proven, the person who was harmed is awarded compensation for their injuries.  The most common types of personal injuries are traffic accidents, accidents at home, medical negligence and injuries on the job.

A personal injury claim covers a large number of emotional or physics injuries which were caused by someone else either intentionally or by the lack of action.  There are three areas that most claims fall into:

  • Intentional: acts which are known by a person to cause harm to others or put others in significant risk (Stealing road signs)
  • Negligence: the failure of a person to think of the consequences their actions (Speeding in a construction zone)
  • Strict Liability: an error that happened because a known safety guard didn’t happen (product safety defect)
     

Once a particular type of fault has been determined, there are two different ways to receive compensation.

  • Litigation: the lawsuit goes to trial.  The degree of fault is determined by a judge/jury and a compensation amount is paid.
  • Settlement: the claim is negotiated between lawyers and a suitable compensation amount is paid to the injured person.

In Illinois, a personal injury claim could include the following:

  • Pain and Suffering
  • Lost Wages
  • Medical Expense relating to the treatment and recovery from the injury
  • Lost future earnings if the person unable to work