With so many moving parts, personal injury cases and other torts can get complicated. It’s important to hire a knowledgeable and experienced personal injury attorney to advocate for your rights. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit. Contact Ankin Law Office at (312) 346-8780 or (312) 600-0000 to schedule a free, no obligation consultation with one of our Chicago personal injury lawyers.
If the identity of a responsible party cannot be immediately determined, or if there is uncertainty as to the precise name of one of the defendants, most jurisdictions allow the lawsuit to name a "John Doe" defendant. Once the responsible party has been identified, the court documents can be amended to substitute the correct name in place of John Doe. This allows a plaintiff who is still researching the case to file the claim on time.
A personal injury lawsuit is simply a legal action, brought in court, by someone who has been injured (either physically or emotionally) by another person, usually by way of an accident, fall, or product malfunction. There are many phases to a personal injury lawsuit, and it’s often difficult to predict how long it will take to resolve a case. This article will take you through each phase of a typical personal injury lawsuit.
A slip and fall injury, also known as a trip and fall, is a premises liability claim, a type of personal injury claim or case based on a person slipping (or tripping) on the premises of another and, as a result, suffering injury. It is a tort. A person who is injured by falling may be entitled to monetary compensation for the injury from the owner or person in possession of the premises where the injury occurred.
In most cases we do not want to proceed with a lawsuit until we have attempted to settle the case. This saves the client money in extra expenses that go along with a lawsuit and many times the case settles more quickly if we attempt to settle before filing a lawsuit than if we file a lawsuit right away and get lawyers involved on the other side. In some case, such as drunken driving cases, we often file the lawsuit right away. These options can be discussed in detail with respect to your specific case.
Laws determining liability for a lawsuit vary by jurisdiction. Generally, an animal’s owner is liable for the destructive actions of the animal — whether they were aware of a dog’s aggressive personality or not. However, in certain states the law assigns a degree of liability based on certain factors, such as whether or not the victim provoked the animal and where the attack occurred.
In a more perfect world, insurance companies and their adjusters would take responsibility for the wrongdoing of their insureds and try their best to both fix your vehicle and help you obtain a fair recovery. More often than not, however, they treat you as if you were the wrongdoer and give you attitude and contempt. Delay and pressure tactics are sadly all in a days work for insurance companies.
You would file a personal injury lawsuit in this instance to pursue compensation for immediate medical bills that stem from the crash and future medical expenses, such as rehabilitation. There are also damages available for lost wages, because of an inability to work and the lost ability to work in the future, along with compensation for the physical and emotional suffering you’ve endured.
A plaintiff may, of course, choose not to hire an attorney. Because of the complexity of litigation, this may not be a wise decision, particularly if the stakes are high and the defendant is likely to hire his or her own attorney. Considering most plaintiff-side personal injury attorneys work for a contingency fee (i.e. they only get paid if the plaintiff does), hiring an attorney is usually a good idea.
For example, critics of medical malpractice lawyers argue that lawsuits increase the cost of healthcare, and that lawsuits may inspire doctors to leave medical practice or create doctor shortages. These concerns have not been well substantiated. A publication by the Robert Wood Johnson Foundation found little evidence that traditional tort reforms affect medical liability costs or defensive medicine. A study conducted on a bi-partisan basis in Texas has found that tort reform, once enacted had no impact on reducing the cost of medical care, tending to throw doubt on claims made by tort reform advocates.