A Glossary of Illinois Personal Injury Terms

 Posted on March 20, 2024 in Personal Injury

When people suffer an injury due to someone else’s negligence, they can begin working on a personal injury claim. These are incidents that are very common and can happen at all times, like car accidents, slip and falls, construction site accidents, accidents due to improperly secured cargo or equipment, and many more. While personal injury suits are quite common, there is not a great deal of general knowledge about what is involved in such claims. This article will include a glossary of terms commonly used in such cases, but a knowledgeable Decatur, IL personal injury attorney can offer more detailed explanations.

Duty of Care

Depending on your relationship with the person you believe was responsible for your injury, you might be able to prove that they had a duty of care - an obligation to take reasonable action to avoid causing damage or injury to someone else. Duty of care includes driving safely, providing good medical care, and keeping premises safe.

Breach of Duty

This refers to what happens when someone has a duty of care and fails to fulfill it. A doctor giving negligent care and prescribing medication that the patient was allergic to could be an example of a breach of duty. To win a personal injury case, you need to demonstrate that there was a breach of duty.

Causation

To win a personal injury case, you need to prove causation, which means that any injury or damage you suffered was caused by the other side’s actions. If someone crashed into you while driving drunk, that would establish causation. If the owner of a commercial property saw a leaky pipe causing a puddle where people tend to walk and failed to take any action to fix it, that would also establish causation. The person bringing the claim needs to prove that the person they are accusing was responsible for what happened to them.

Damages

If someone’s breach of duty caused you harm, the injuries, expenses, and other losses you suffered as a result of that incident are referred to as damages. These can include things that might be more tangible, like costs of treatment, medication, and rehabilitation associated with your injuries, which will generally be measured by an invoice or receipt of payment. They can also include things slightly harder to quantify, like pain and suffering and lost future wages.

Contact an Illinois Personal Injury Attorney

If you were injured as a result of someone else’s actions, a compassionate Peoria, IL personal injury lawyer can guide you through the process of claiming compensation for damages. Trying to navigate the legal system to get what you are due while also recovering from a difficult accident can be overwhelming. We are here to help. Call Kanoski Bresney at 888-826-8682 to schedule a free consultation.