Nobody should be able to cause you bodily harm without being made to answer for it. An attorney can help you file a personal injury lawsuit to help you get justice and financial compensation for everything you have endured.
Starting a lawsuit is more than just making accusations and filing some paperwork. A lawsuit requires intense preparation and work before any paperwork is submitted to the court. An attorney can help you prepare and file the initial complaint, assess your damages, and find evidence to support your case. Once your case has begun, we have to work to prove that the defendant’s negligence was the direct cause of your injuries. Negligence is more than a general sense of recklessness or carelessness. It is a legal term that embodies specific behavior that must be reflected in our evidence.
Deciding to file a lawsuit is a big decision you should not make lightly. Our personal injury lawyers can review your situation and help you decide what is best for your case. Contact the Rhatigan Law Offices for a free case review. Call us at (312) 578-8502.
How to Sue for Personal Injuries in Arlington Heights, IL
Knowing you have a personal injury case is only the first step to getting fair compensation. To sue for your injuries, our personal injury attorneys can help you thoroughly prepare your evidence, arguments, and damages claims.
File a Complaint
The first hurdle to overcome is filing the initial complaint. A complaint is more than just an allegation against the defendant. It is a lengthy, formal legal document that encompasses multiple key aspects of your case. If the complaint does not contain all necessary details or certain details are not stated with sufficient specificity, the court might reject the complaint.
First, we need to provide personal information about you and the defendant, so the proper parties are clearly identified in the complaint. If the defendant in your case cannot be identified because they fled the scene, we might have to wait until they are found to file the case.
Next, we must provide details about how the accident happened. Simply stating that there was a car accident is not enough. We must explain when, how, and where the accident occurred and why we believe the defendant is responsible. This is often the bulk of the complaint. Not only must we explain what we believe happened, but we must show some evidence to back up our claims. Otherwise, the complaint is a list of baseless allegations.
To end the complaint, we must include details about your damages and what kind of relief you want. This is an incredibly important section of the complaint, as damages that are overlooked and not included might not be compensated. Our personal injury attorneys can help you prepare the complaint quickly and efficiently.
Assess Damages
Damages must be assessed and included in your complaint in order for your case to be accepted by the court. It is important that damages calculations are accurate and that no damages or injuries are overlooked. Our personal injury lawyers are familiar with calculating and evaluating damages can assist you.
Compensatory damages should always be included in your calculations, and they include the economic and non-economic injuries and losses you experienced. Economic damages refer to monetary losses. Medical bills, property damages, and even income you lose because you cannot return to work should be included. If you anticipate more costs ahead of you, we can also include reasonably anticipated future economic damages, like future medical bills.
Non-economic damages are the painful experiences you went through because of the accident. Depending on how you were injured, you might have experienced serious trauma, physical pain, and a plethora of other unpleasant things. For some, these experiences haunt them for a long time, and plaintiffs deserve compensation for enduring this pain and suffering.
Gather Evidence
Once we have explained why the defendant should be held liable for your injuries and the extent of your damages, we have to provide evidence to back up our claims. Evidence is often unique to the specific situation and the type of accident. For example, in a car accident case, photos from the accident scene and witness testimony may be powerful evidence in your favor. In a medical malpractice lawsuit, your medical records are perhaps the most important evidence in your case.
Evidence tends to be unpredictable. For some, evidence is abundant and quickly gathered. For others, evidence is scarce. Even with scarce evidence, we can build a strong case. Police reports regarding your accident are a great place to start investigating for evidence. Although the reports themselves are often inadmissible in court, they might contain details about witnesses and other information we can use in your favor.
Proving the Defendant Was Negligent in a Personal Injury Case in Arlington Heights, IL
To convince a jury that the defendant should be held liable for your injuries, we have to show that the defendant acted with negligence. Negligence is often the root cause of many accidents and is defined by four legal elements: duty, breach, causation, and damages.
Each element of negligence must be established, and if even one is not fully proven, we cannot win your case. Duty is the defendant’s legal obligation to the plaintiff. The nature of this duty varies based on the circumstances but usually consists of some duty of care and safety.
We must next show how the defendant breached their duty. Again, this varies between cases and might be different for each plaintiff. The breach must also be the direct and proximate cause of the accident. Finally, we must prove that your damages are real and not just hypothetical. Our personal injury attorneys can help you.
Contact Our Arlington Heights, IL Personal Injury Lawyers for Help
If you were hurt in some way because of someone else’s negligent actions, our personal injury attorneys can help you initiate a lawsuit. For a free case review, call the Rhatigan Law Offices at (312) 578-8502.
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