The Basics Of Personal Injury Law

Attorneys & Legal Services

In the US personal injury law is also known as “tort law.” Under these laws a person who is injured and believes the cause to be negligence on the part of another entity, be it a person, company or the government has the right to hire an attorney in Rockford, IL and institute a law suit to recover damages. The objective of the tort system is to allow those who have been injured to be adequately compensated after he or she has been injured as a result of carelessness or has been the victim of intentional harm.

There are a number of situations that arise where personal injury law applies:

Intentional: If a person acts intentionally to harm another, personal injury law applies. This is evident in cases of assault and battery for example.

Accidents: If an individual or entity acts in a negligent manner which results in injury to another this person can be held accountable in a court of law. Common examples are a slip and fall injury, a vehicle accident and medical malpractice.

Defects in products: It is possible to be found liable for injuries although there was no intent or negligence of a person, examples are product liability claims which are brought about by a defect in a product offered for sale to the public.

It must be understood that even though there are similarities, no two accidents are ever the same; however, there are steps that most claims for compensation share.

The first phase of a personal accident lawsuit is when the defendant has been accused of doing something to the plaintiff that resulted in injury. This can encompass almost any bad act on the part of the defendant other than breach of contract; this is handled under a separate body of law.

The plaintiff will hire an attorney in Rockford, IL who determines that the defendant indeed breached a legal duty. The actual legal duty that is expected depends on the situation that caused the injury in the first place. A doctor for example have a legal duty to give patients medical care with a level of competence that any reasonably skilled doctor would provide under the same circumstances, if he or she fails they can be held liable for medical malpractice.

If all the parties involved are in agreement that the defendant did indeed breach a legal duty the insurance company or the defendant may wish to settle the issue without going to court. This involves an offer of compensation being made and accepted in return for a binding promise that no further action will be taken. If the issue cannot be settled out of court the attorney in Rockford, IL will represent the interests of the client in court.

If you feel that you have suffered an injury through no fault of your own then you have the right to sue for damages. If you need an attorney in Rockford, IL to represent your interests you can contact Clark, Justen, Zucchi & Frost, Ltd..