Personal injury cases often involve serious bodily harm and significant damages. Unfortunately, these kinds of claims often get an unfair reputation for being petty or frivolous. Do not let this dissuade you from seeking justice and fair compensation. Our legal team will help you hold those who caused your injuries responsible.
Working on a personal injury case is difficult, and you should contact an experienced attorney to help you as soon as possible. First, you and your attorney should start collecting evidence immediately. Some evidence might come right from the scene of your accident, while other pieces of evidence might be hiding in more unexpected places. We need evidence to help us prove the extent of your damages and how the defendant is responsible for causing them. Your lawyer can help you with evidence, assessing damages, and navigating the case through the courts while you rest, recover, and get back on your feet.
Speak to our Chicago personal injury lawyers for a private case assessment free of charge by contacting the Rhatigan Law Offices at (312) 578-8502.
Evidence Needed to Support Personal Injury Cases in Wheaton, IL
In civil cases, the plaintiff has the burden of proof and must prove their claims by a preponderance of the evidence. This means our personal injury lawyers must provide enough evidence to prove that it is more likely than not that the defendant is liable for your injuries. This is a comparatively lesser burden of proof than in criminal trials where prosecutors must prove guilt beyond a reasonable doubt. However, the civil burden of proof may still be hard to satisfy.
A good way to start collecting evidence is to take pictures and record videos of your accident and injuries right after they occur. For example, after a car crash, you can take some time while you wait for help to arrive to snap some pictures and record videos of the scene. These recordings can be offered to insurance companies or a court of law.
Not everyone is able to take pictures after being hurt in an accident. Many people must be rushed away from emergency medical attention, and they might not have much recollection of the accident. In such cases, we must track down witnesses. Witnesses might include people who saw your accident happen, those who stopped to help, or even people who were not present for the accident but have other personal knowledge about the defendant.
In some cases, evidence is beyond our control. The defendant often has access to evidence we do not, and we must request it from them. If they do not want to play ball, we can ask the court to order the defense to turn over their relevant evidence. For example, maybe you were involved in a car accident, and the defendant had a dashcam in their car. We need their dashcam videos to prove liability, and they might not be eager to hand it over.
What Your Personal Injury Claims in Wheaton, IL Might Be Worth
People tend to file injury lawsuits for two big reasons. First, people sue because they feel they have been wronged and want the person who hurt them brought to justice. Second, people sue because their injuries come with expenses they cannot afford, and they want the defendant to cover their damages. How much financial compensation is at stake in your case depends on numerous factors you should discuss with your lawyer.
Economic Damages
Economic damages are the injuries and losses from your accident that cost you money. Perhaps the most expensive form of damage in many personal injury cases is medical costs. Even a single trip to the emergency room might be far more than some people can afford. Others might incur even large debts if they need extensive or long-term medical care.
You should also take the loss of property and personal belongings into consideration. Perhaps your vehicle was destroyed in a wreck, and your wedding ring somehow slipped off your finger when you were loaded into the ambulance. You can include the cost of your vehicle and your ring in your economic damages calculations.
What about your job? What if you are so badly hurt that you must take time off work to recover? What happens if you are left with permanent disabilities or complications and can no longer work? In such cases, plaintiffs may claim the value of the income they have lost because of their injuries, which might be substantial if they cannot work for the foreseeable future.
Non-Economic Damages
Other injuries and losses do not come with a monetary cost but impose a mental, physical, or emotional cost on plaintiffs. While these damages can be somewhat challenging to assess given their subjective nature, they are just as deserving of financial compensation as any other losses and injuries.
Your non-economic damages may include, but are not necessarily limited to, physical pain, emotional distress, psychological trauma, humiliation, and overall diminished quality of life. Exactly how much compensation these damages may be worth is up to the jury, but the overall impact on your daily life is a good indicator. The more your daily life is disrupted, the greater these damages should be.
Determining Liability in a Wheaton, IL Personal Injury Case
How judges and juries determine liability varies based on the evidence. However, one thing is key in many personal injury cases: negligence. In cases based on accidents, we must prove how the defendant’s negligence caused the accident. This is in contrast to cases based on intentional torts, where we would have to show how the defendant meant to commit the action that caused the accident.
Negligence is made up of four legal elements: duty, breach, causation, and damages. The duty element refers to the duty of care the defendant owed the plaintiff. This element depends on the relationship between the parties. For example, a property owner is obligated to ensure their premises are safe for guests. The second element is the breach, which is whatever the defendant did or neglected to do that led to the accident. The third element, causation, serves as the link between the breach and the accident. In short, the defendant’s breach of duty must directly cause your accident. Finally, we have to show you suffered real damages and the extent of those damages.
Speak to Our Wheaton, IL Personal Injury Attorneys About Your Case Today
Speak to our personal injury attorneys for a private case assessment free of charge by calling the Rhatigan Law Offices at (312) 578-8502.
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