Personal Injury Case
A personal injury claim starts when someone suffers some form of serious harm, loss or injury—either physical or emotional—as the result of another person's negligence or intentional conduct. Common personal injury claims include:
- Car or Truck accidents;
- Work-related accidents;
- Construction site injuries
- Accidents due to unsafe premises (slip and fall or inadequate security);
- Accidents caused by dangerous or defective product, which result in serious or catastrophic injury or death
In a personal injury claim, Iowa and Illinois law allows the injured person to recover medical and related expenses, lost wages and damages such as permanent disability or disfigurement; loss of function of the body or mind: loss of family support and services; and the capacity to enjoy life, as well as emotional damages such as pain and suffering. Before you are entitled to reimbursement for such losses, your attorney must prove that the defendant(s) is liable, or is legally responsible for your injuries and damages.
Harm, loss, or other taking away from a persons health, or function, is "Bodily Injury" under the Law. If that harm or loss was caused by the negligence , fault, action or failure of another person (individual, or company) then the Law requires justice by the tortfeasor who, to do justice, requires payment to try to balance the injustice. We do not recognize eye for an eye type justice. The American system requires money payment for justice if the person that was cegligent, or violated the law of negligence, and that fault or failure caused damage to another person.
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as suffering , pain loss of consortium, the effects of defamation, and emotional distress Personal injury torts result in both special and general damages.
Four things must be proven in order to hold a party or parties legally liable for injuries so damages can be awarded:
- The party had a duty to act reasonably according to the circumstances.
- The party breached the duty.
- The party's breach of the duty caused you to be harmed.
- You suffered monetary damages due to the harm you suffered when the party breached its duty of care.
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering receive the highest injury settlements.
Aside from compensation for injuries, the injured person may get compensated for the lifetime effect of the injuries. An example, a keen cricketer suffers a wrist injury which prevents him from playing cricket during the cricket season. This is called loss of enjoyment of life and is compensable. Additionally, lost earning capacity (Future ability to learn) and future reasonably necessary medical expenses are recoverable.
In some cases, the injured might run his or her own businesses. The quantum assessment of the loss of profits (dividing into pre-trial and post-trial) requires forensic accounting expertise because the forensic accountant would consider various scenarios and adopt the best estimate based on the available objective data
Many brain injuries initially go un-diagnosed and untreated. The human brain is so complex that even neurologists cannot easily assess the extent of brain damage and the resulting limitations. Whether mild or severe, the damage is often irreversible and life-altering for both the victim and the family.
If your loved one suffered head trauma in an accident and you suspect brain injury, it is critical to get an accurate diagnosis and early treatment. It is also important to contact knowledgeable experience legal team that can advise you and to preserve your rights
When injuries are severe and permanent, lives are changed forever. While the victim and the family will experience immediate hardships, the economic and personal impact will continue for years. Experienced, knowledgeable legal team can help get a thorough evaluation of the long term and short term impact.
Causes of Traumatic Brain Injury
A traumatic brain injury (TBI) is caused by a sudden impact to the head or other part of the body that jults the brain. A traumatic brain injury can result from a closed-head injury (caused by movement of the brain within the skull) or an open-head injury (caused by skull fracture or piercing of the brain by a foreign object). It can result from a motor vehicle, bicycle, pedestrian, aviation, boating, train accident, or another incident, such as a premises liability, malpractice, and other areas of personal trauma.
As experienced attorneys dealing with personal injury claims, we put our passion, our knowledge, training, experience, work ethic, and resources to work for our clients to obtain full fair comprehensive to be paid for what was taken. We will seek to obtain fair full compensation for our client's economic (lost wages, lost earning capacity and medical expenses) and non-economic losses (loss of enjoyment of life, loss of function, suffering and pain) and for the profound and long term effect on the quality of life is the goal. We bring all of this to bear to demonstrate to the judge and jury the full impact on our client and to obtain fair full monetary payment for what was taken away.