Under Illinois’ Tort law, an injured party is allowed to recover economic damages from another party to cover hospital expenses, loss of wages and also non-economic damages such as pain and suffering.

A lawyer can help determine whether the cause of legal action is due to “negligence,” when the person who caused the harm did not intend the injury, or “intentional.”

To win a “negligence” case, an injured person must show that:

• The defendant owed him a duty to exercise reasonable care
• The defendant violated that duty
• His or her injuries resulted from the breach of duty
• The injuries were a reasonably foreseeable result of the violation

Common negligence actions include automobile accidents, “slip and fall” accidents resulting from improper design or maintenance, and medical malpractice actions.

An intentional tort arises when a person intended to commit the wrongful act which resulted in injury.  From a legal perspective, it can be difficult to obtain compensation from a person who commits an intentional tort, since most insurance policies do not cover intentional wrongful acts.  However, sometimes injuries result from the acts of more than one party, or multiple causes of action may arise from the same act.

Lawyers for each side typically begin gathering facts through exchange of documents, written questions or “depositions” (questions that are asked in person and answered under oath), a process called “discovery.”  After discovery, many cases get settled before trial.  Only a small percentage of personal injury law suits ever go to trial.

If the plaintiff wins, a judge or jury awards money, known as “damages,” for injuries. That amount can include compensation for such expenses as medical bills and lost wages, as well as compensation for future wage losses.  It also can compensate for mental pain and suffering.  In addition, the plaintiff may receive damages for any physical disfigurement or disability that resulted from the injury.

Defendants in civil actions for personal injury do not receive jail terms or fines as punishment.  Those are criminal sentences and would be handled in a criminal court.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.