A personal injury attorney is a dedicated legal professional who represents clients who have sustained injury and suffered damage to their property and the cause can be determined as negligence on the part of another person, business or government agency. Personal injury cases are considered civil in nature and tried under tort law. Although both a civil law attorney and a criminal law attorney are both very skilled their involvement is in distinctly different areas of law and as such rarely would the same attorney be found practicing both.
In almost all jurisdictions, if you are injured and you were not to blame you are entitled to sue the person or entity that, through negligence, was responsible for causing your injury and loss of property. It is not just negligence, if an individual is injured or sustains damage as the result of an intentional act they too can be sued under tort law.
The objective of tort law is to return the person to the same condition that he or she was in prior to the accident. This basically means that any costs associated with the injury including lost income, medical and hospital expenses can be recovered and compensation for undue pain and suffering can be claimed. If necessary the injured party has the right to sue the at fault party for damages. Depending on the uniqueness of the situation the court may also award the plaintiff punitive damages if it is felt by the court that the responsible individual needs to be punished.
If a settlement is not forthcoming the injured party must hire a personal injury attorney in Aurora IL. The attorney’s responsibility includes the filing of the notice of action with the court; this in effect is the beginning of the suit. In many cases the litigants never sees the inside of the courtroom, your personal injury attorney and the attorney representing the defendant or the defendants insurance company will settle out of court. If an out of court settlement is not possible then the case will be tried in the presence of a judge and jury, it will be them who decide the outcome and the award.
If the case is destined to end up in court the personal injury attorney along with the help of the client put together all the elements of the case. The case can be based on an intentional wrong or negligence. For example; the plaintiff in the case can sue the defendant who, through an irresponsible action caused an accident which resulted in injury or, if the injury was the result of intentional provocation.
A personal injury attorney in Aurora IL often works on contingency. In this case the attorney’s fee is based on a percentage of the award and the attorney only gets paid in the event of success.
If you have been injured and the cause is negligence or intent you have the right to sue for compensation.
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