Unlike a criminal action, a tort action does not involve a prosecutor working for the government. An injury case simply involves the injured party, the plaintiff; suing the defendant for the harm caused. The majority of injury cases include negligence. In the eyes of the law, everyone has the responsibility to avoid placing others in a situation where they may come to harm. Even though this is understood, accidents can and do happen and to successfully sue the plaintiffs Naperville injury lawyers must prove that a prudent person would have acted differently if he or she had of been in the same position as the defendant.
Once negligence has been proven, the defendant in the case will be responsible for paying the plaintiff for all costs associated with the accident. Property damage, medical bills, lost wages, etc are not difficult to determine, however, emotional distress or the loss of future earning capacity can be more difficult to prove and often require an expert to testify on behalf of the plaintiff.
Negligence is not always to blame:
There are other reasons for taking legal action other than negligence. In many cases the defendant has acted purposefully to cause the plaintiff harm, this is called an “intentional tort.” Examples of an intentional act would be assault and battery, theft, emotional distress etc.
Another common tort is when an injury is caused by a defective product. In case like this it is assumed that the manufacturer of the product in question was negligent as the product design was faulty. Often a product liability case involves numerous plaintiffs who file a class action lawsuit.
Anyone that feels they were injured due to an action as noted should engage Naperville injury lawyers. Retaining counsel will help you avoid an unfortunate occurrence such as missing the deadline for filing a suit and give you a much better chance of success.
There are a number of reasons why you may be able to sue if you are injured. You should always hire Naperville injury lawyers to ensure you get the best chance of getting proper compensation. You are invited to contact Shea Law Group for further information. Follow us on twitter.