Personal injury law allows the injured person to sue in a civil or tort action. A "tort" is a wrong against a person. Any accident or injury against a person can be considered a tort -- whether it be in a car accident, the use of a product, or the negligence of a professional. The term “personal injury” is typically defined as an injury to one’s mind, body, or emotions.
There are different degrees of fault and several elements that are necessary to prove in court to be successful against the wrongdoer in a tort action. Not every accident or injury is recoverable in a court of law. Consulting an experienced Chicago personal injury lawyer will provide a basis on whether to pursue an action in court.
Once you retain a personal injury attorney, he or she will file the lawsuit on behalf of someone, usually the victim of the personal injury. If the victim is deceased or found to be mentally incompetent, a family member or legal guardian can sometimes bring the lawsuit. A qualified Chicago personal injury lawyer can help you determine who should file the lawsuit.
Your personal injury lawyers have a limited period of time to file your lawsuit. This period of time is called a statute of limitations. Because the statute of limitations varies from state to state, it is very important that if you feel you have the right to file a lawsuit you speak to qualified Chicago personal injury attorney as soon as possible. If your personal injury lawyers file the lawsuit after the statute of limitations has expired, it is very likely that the lawsuit will be dismissed, and you will have no recourse or method for monetary compensation, legal or otherwise.
Whether or not you have a personal injury case depends upon the facts of your situation. An experienced and qualified Chicago personal injury attorney can help you determine if you have a case to pursue.