In Illinois, and most other states, when an individual is physically or emotionally harmed or injured in some manner, it is considered in law to be a "personal injury." The laws covering personal injury allow the injured party to receive compensation for damages caused by someone else's negligence, recklessness, or intentional actions. The area of law encompassing most personal injury cases is called "tort" law. The Federal government and the legislative bodies of the various states have enacted tort laws for the protection of your rights.

Generally speaking, tort actions possess essentially three distinct elements: 1) there must be a legal duty between the defendant (the one doing the wrong); 2) there must be a breach of that duty; 3) and damage must occur because of that breach. When all three of these elements take place, a personal injury (or tort) has occurred.

The laws of our modern society place necessary demands upon its citizenry to refrain from harming one another. This means that not only should people be safe from harm, but their possessions should be safe as well. For harm can manifest itself in the form of the physical or pecuniary. Whenever another individual and/or entity caused harm to you or something that belongs to you, they become liable to answer to the tort laws governing the situation. Liability can be caused by intentional acts or by negligence.

Another form of personal injury covers "strict liability." Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which are in themselves abnormally or inherently dangerous, such as the handling of toxic waste materials. This concept also occurs in the area of product liability. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product, under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was indeed done.

Once a personal injury has occurred, the defendant has an obligation to rehabilitate the damage done. "Damages" is the term for whatever is owed to you to compensate you for your loss. Damages can be agreed upon by you and the injuring party, through insurance settlements, trial verdicts and/or other means. But often the damages offered to you may not fully compensate you for your loss. This is especially true if you have suffered physical injury and have not been able to work. Personal injury law is the mechanism for determining who is in the wrong, or in other words, who is "liable," and what the liable person should have to pay for the damage caused.

If you are a victim of personal injury, there are several things you can do to help yourself. First of all, make sure that you seek proper medical attention. If you believe your injury was caused by the carelessness or intentional act of another, you should contact an attorney to discuss the matter at once. You should call as soon as is convenient to do so and avoid discussing the matter with strangers and/or insurance representatives. Most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit. If you have a personal injury case that you would like us to review, please contact the Law Offices of Rahsaan A. Gordon, P.C. at (312) 422-9500 for a free consultation or click here and submit an online questionnaire.