Understanding Personal Injury Law: Basic Elements Of A Chicago Injury Case

personal injury case man talking to another person at a desk with papers in front of them

Often, members of the general public imagine lawyers to be aggressive professionals in dark suits who find loopholes to benefit the interests of large companies and corporations.

But with one type of lawyer there is a distinct difference: personal injury law is about fighting for the so-called ‘little guy.’

Fighting Against Corporations and Their Insurance Companies

Each year, thousands of consumers, motorists, medical patients, and nursing home residents are injured due to the neglect or malpractice of a professional, corporation, or another individual.

When this happens, the corporation (or their insurance company) is likely to employ expensive litigators to intimidate the injured person and convince them that they are entitled to minimal compensation or no compensation at all.

However, there is a good chance that this is untrue, and in such a situation, victims may benefit considerably from the service of an attorney of an equal or higher caliber than those employed by the other party.

A personal injury lawyer, as the name implies, is an attorney who works with those who have been injured.

A large percentage of injuries are physical, but this type of attorney can also assist with emotional harm, financial damage, pain and suffering, and wrongful death.

Here are the basic steps of how a personal injury case unfolds:

Step 1One person or party behaves in a reckless, negligent, or intentionally harmful manner. Examples include an extreme medical mistake, letting a dog run loose, running a red light, and failing to mark a mopped floor.

Step 2Another person is injured as a direct result of the initial negligence. This would mean someone who dies in surgery, a child attacked by a loose dog, a bicyclist struck by an errant driver or a person who falls on a wet floor.

Step 3At this stage, the lawyer must help the client firstly make sure to act appropriately. This involves reporting all medical conditions, following doctors’ orders, and not speaking with the other party’s insurance company.

Step 4While preparing the lawsuit, a lawyer then uses paralegals, investigators, and any appropriate outside resources to investigate the factors that led up to the accident. Thorough attention to detail is very important in terms of assembling a solid and effective case for a victim’s rights.

Step 5In many cases, the dispute may settle out of court, meaning the victim and the responsible party agree on an amount of compensation to be paid. If it does not settle, the case will head to court where it may be heard before a jury. The jury may hold that party accountable for a variety of damages as relative to the degree of their negligence in the situation.

It is also quite common for a personal injury lawyer to work on a contingency fee basis.

This means the injured person need not pay any money in order to enlist the services of that particular attorney and law firm.

Any fees will be taken out of the money won in the lawsuit, and if no money is won, there is no fee.


Reach Out for Help Today

Contact VanDerGinst Law.

We have knowledgeable and experienced attorneys in Chicago who can help guide you through the complexities of your case and help you obtain the financial compensation you deserve.

The consultation is free and there is never a fee unless we win.

Call VanDerGinst Law at 800-797-5391.

The law is tough, being injured is tougher. We’ll make it easier for you.


The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.

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