Personal Injury FAQs

Chicago Attorneys Answer Frequently Asked Questions About Injury Cases

What Is Personal Injury?

A personal injury is a physical or psychological injury caused by another person or party. An individual or company that acts negligently may be held liable for causing injury to others. For example, a negligent driver may be held liable for a car accident, a manufacturer may be held responsible for injuries caused by defective products, or a property owner may be required to pay damages to a person who was injured because of hazards on their property. Lawsuits involving personal injuries are handled in civil court, where financial compensation is provided, as opposed to criminal court, where criminal penalties such as imprisonment are enforced.

What Is Negligence?

Negligence may be described as any failure to act with reasonable care that causes injury to another. In other words, negligence is the failure to do something a reasonably careful person would do, or doing something a reasonably careful person would not do under similar circumstances. In some cases, multiple parties may be found to be negligent, such as when a truck driver and trucking company failed to take the proper steps to prevent a truck accident.

What Is Liability?

Liability is defined as "legal responsibility for something, especially costs or damages." If someone else, intentionally or unintentionally, caused your injuries, they may be liable. The liable person is responsible for paying for your medical care, lost earnings, and other damages associated with your injuries.

What Is Financial Compensation?

Financial compensation is money paid by an at-fault party (the defendant) to the injured party or family member (the plaintiff). This money is meant to compensate the plaintiff for injuries and losses the defendant caused.

What Are Compensatory Damages and Punitive Damages?

Compensatory damages are paid to a plaintiff to help the plaintiff return to the same lifestyle they enjoyed before the accident occurred. Compensatory damages may include money for medical care, lost wages, pain and suffering, and future medical expenses. Punitive damages are meant to punish the defendant. While they are not awarded in every case, they may be appropriate if the defendant was grossly negligent or purposely injured the plaintiff. Punitive damages vary depending on state law and the circumstances of the case.

Will I Need to Pay Attorney's Fees During My Personal Injury Case?

At Tomasik Kotin Kasserman, LLC, we operate on a contingency fee basis. This means that we do not collect attorney's fees unless we win your case.

If I Lost a Loved One, Can I File a Lawsuit Against the At-Fault Party?

You may be entitled to file a wrongful death lawsuit against the person or company that was responsible for your loved one's death. Damages such as medical bills, funeral costs, lost earnings, pain and suffering, and loss of love, guidance, and companionship are all compensable in a wrongful death case.

If I Was Injured at Work, Can I File a Personal Injury Lawsuit?

Workers' compensation benefits typically provide coverage for medical care and a percentage of lost income following a work-related injury. However, it may be possible to receive additional financial compensation through a personal injury lawsuit. If a third party (someone other than your employer or a coworker) contributed to or caused your injuries, you may file a personal injury case in addition to a workers' compensation claim.

Contact Our Illinois Personal Injury Lawyers

If you have suffered an injury that was caused by someone's negligence, the attorneys of Tomasik Kotin Kasserman, LLC are prepared to represent you in a personal injury lawsuit and help you recover full and fair financial compensation for your damages. To schedule a complimentary consultation and learn more about how we can help you hold the negligent party or parties responsible for your injuries, contact us at 312-605-8800