 What is personal injury? A personal injury claim involves an injured person (the plaintiff) seeking compensation from the person or entity that caused the injury (the defendant). This oftentimes involves negotiation with the defendant's insurance company. A personal injury claim involves evaluation of the injury and damages suffered as well as the conduct of the defendant. Many factors impact the manner in which a personal injury claim proceeds including the severity of the injuries, the degree of fault of the defendant as well as the availability of insurance coverage or other sources of compensation.
A personal injury claim may arise under a variety of circumstances including motor vehicle accidents, medical malpractice and falls on dangerous property. Many personal injury claims are resolved without the filing of a lawsuit. Materials including the medical records and bills, evidence of wages lost, comparable verdicts or settlements and expert reports if needed are typically sent to the defendant's insurer with a demand for payment. The settlement of a claim saves both sides from the risks and costs of litigation. If the plaintiff and defendant cannot agree on a settlement amount, litigation of the claim may be necessary.
Litigation involves the filing of a lawsuit against the defendant for the personal injuries suffered by the plaintiff. The lawsuit may seek compensation for the medical expenses, pain and suffering, disability, disfigurement and the wages lost by the plaintiff. The litigation of a personal injury claim often involves answering written interrogatories, conducting depositions of the parties, witnesses and doctors, the involvement of experts and if necessary, a jury trial. A personal injury claim may be resolved by way of settlement or through Alternative Dispute Resolution after a lawsuit has been filed. Alternative Dispute Resolution involves a mediator attempting to facilitate a settlement or in the case of arbitration, the hearing of evidence and ruling on the right to compensation. Alternative Dispute Resolution is typically less expensive than litigation and oftentimes resolves a claim more quickly. Given the intricacies involved in the handling of a serious personal injury claim, it is imperative that a victim of personal injury consult with an experienced personal injury attorney to assess their claim.
Dwyer & McDevitt, Ltd. is a personal injury law firm serving clients throughout Chicagoland. We represent clients who have suffered serious personal injury as the result of the negligence of another. We have significant experience representing victims of car, truck and motorcycle accidents as well as pedestrians and bicyclists injured as the result of the negligence of another party. We also have experience prosecuting uninsured and underinsured motorist claims in those cases where our clients injuries are significant, but the insurance coverage available through the opposing party is limited.
In addition to handling the types of claims described above, we have experience representing victims of medical malpractice as well as those who have suffered injury as the result of the negligent maintenance, operation or design of a property. If your claim involves serious personal injury resulting from the conduct of another, we have the experience necessary to evaluate your claim, guide you through the claims process, and if necessary litigate the claim on your behalf.
Answers to frequently asked questions as well as general information regarding each of the areas of our practice are provided at the links below:
At Dwyer & McDevitt, LTD. we represent the seriously injured. If you need further information or would like some questions answered, please contact our office for a free consultation.
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