Chicago Injury Attorneys
Chicago Personal Injury Lawyers
At Horwitz, Horwitz & Associates, we have obtained the largest verdict in Illinois history for a personal injury claim. We have the largest recorded verdict in Illinois history for back, neck, spinal cord and brain injury.
What is personal injury by legal definition?
Personal injury by legal definition refers to any violation of an individual’s right to be free from injury. Thus, personal injury is a legal term for an injury to the body, emotions or mind. According to the American Bar Association, the area in which most personal injury actions arise falls under automobile accidents.
Chicago Personal Injury Lawyers
Our trial team of Chicago personal injury lawyers are grounded in a wide range of unique backgrounds giving them unmatched expertise in fields like construction and mechanics. Clifford Horwitz has over 30 years of experience with numerous record-setting verdicts for litigation in the state of Illinois. Cliff’s trial partner, Jay Luchsinger, was a third generation Local 1 ironworker before becoming a personal injury lawyer over 25 years ago. In addition, Michael Carter, another trial partner, was a Local 157 pipefitter before becoming a personal injury lawyer over 15 years ago. Each have earned numerous accolades and awards.
To better understand how the tort system of personal injury works, let’s use an automobile accident as an example. If you are injured in an automobile accident by a driver who failed to exercise reasonable care you have a claim. In this case, the “duty” of the other driver is a duty of reasonable care or not to be careless. Without a duty there can be no negligence. When the driver broke that duty and it resulted in your injuries, personal injury law states you can recover your losses.
Negligence is the basis for liability in most personal injury lawsuits. From being injured on a construction job, a railroad, or on a boat in navigable waters, to being injured by a dangerous product, and even to suffering from bed sores or falls at a nursing home, negligence covers a wide span of claims.
What is a personal injury claim?
There are other bases for personal injury claims besides negligence. Some common examples are:
- Strict liability holds manufacturers and the designers of products strictly liable for injuries that result from defective products. Please see our page on defective products for more information.
- Dog owners are strictly liable if their dog bites and injures another.
- Railroad law (FELA) and Maritime law both hold to the negligence standard. However, the Defendant is held to a higher standard of conduct, meaning they must be more careful and have greater responsibilities or duties.
- Nursing homes are held to a negligence standard. However, the Illinois standards of conduct are so strict that it is equivalent to holding nursing to an even higher standard of care.
- Intentional wrongs are rarer, but they can be a basis for personal injury. While some people can be held criminally liable for intentional torts like assault or battery, a tort case is a civil proceeding that takes place in court. This is brought on by an individual or body and remains separate from any criminal charges found by the government.
When you file a personal injury claim you become the Plaintiff in the case and the person who caused your injuries (represented by an insurance carrier) is the Defendant. Attorneys on both sides will begin to gather facts and evidence in a process known as discovery. After this process, the case may either go to trial or be settled. We will have completed much of our fact finding process before we file the lawsuit. We frequently take numerous statements of witnesses and photographs before the lawsuit is filed so as to preserve our evidence.
If the case proceeds to trial, either a judge or jury will give a monetary award called damages. This amount is determined from a number of factors including, but not limited to:
- Compensation for medical bills
- Compensation for lost wages
- Compensation for future wage loss
- Compensation for physical pain
- Compensation for suffering
- Compensation for loss of a normal life
We have recorded numerous record-setting verdicts, including the highest verdict in Illinois history for these types of damages. Please visit our Success Records to read about these verdicts.
If a case is settled, this means that you agree to accept a monetary award granted you drop your claim against the person or entity that caused your injuries. The Chicago personal injury attorneys of Horwitz, Horwitz & Associates can provide a realistic assessment on if you should accept a settlement offer based on your claim. However, the decision is ultimately yours not the attorneys. Costs associated with these litigation battles are paid for by Horwitz, Horwitz & Associates. There is no charge to you unless we prevail. Fees and costs will only come out of the settlement or verdict.
A free consultation with our firm can help ease your fears and protect your rights. If appropriate we’ll arrange for an immediate investigation while evidence is fresh, including taking photos and statements from witnesses and the Defendant.
Horwitz, Horwitz & Associates invites you for a free telephone or in person consultation to discuss your accident and any questions you may have. You can also email us or even speak with us right now on LiveChat. Even if you do not wish to retain an attorney, we can set you on the right path for free. Most of our lawyers have more than 30 years of experience and we have an outstanding track record in helping our clients and creating a strong trust relationship, as you can see in our Success Records. Please call our Chicago office at (312) 372-8822, or our Joliet office at (815) 723-8822, or you can call our toll free number at (800)-985-1819.