Personal Injury

Personal Injury Personal injury involves injury to an individual. This area of law allows an injured person to sue in a private action called a civil action, known in the legal community as a tort action. A “tort” is a wrong against a person. Any accident or injury against a person can constitute a tort – whether it be in a car accident, the use of a product or the negligence of a professional. Different degrees of fault exist and several elements are necessary to prove in court in order to be successful against the wrongdoer or negligent party in a tort action. Also, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers. In some instances, the victim may even be partly at fault for the tragedy but that does not necessarily mean the person does not have a right to bring a lawsuit. Take, for example, the case of internationally acclaimed violinist Rachel Barton. She suffered severe injuries after being dragged by a Metra train. At first, while Rachel lay in a coma, train officials blamed the young woman for the accident, claiming she was trying to hold on to her violin. That was not the case. Clifford Law Offices filed a lawsuit on her behalf and a jury decided that Rachel was only 4.5 percent to blame. The jury apportioned 95.5 percent of the blame to the railroad for failing to follow safety procedures. The judgment against the train company was reduced by 4.5 percent, making the verdict total $29.6 million. Rachel later received $35 million following a lengthy appeal process while interest accrued on the verdict. Another case, for example, is that of Richard Burke and John Karnezis, partners at the firm, who obtained a $10.45 million verdict for the family of a pilot killed at Palwaukee Municipal Airport outside Chicago. His Gulfstream IV jet crashed moments after takeoff because a drainage ditch running alongside the runway was not flat and firm to support the plane. In that case, a jury found the airport defendants 90 percent responsible for the crash, the owner of the aircraft was found 5 percent liable and the pilot was apportioned 5 percent liability. Consulting an experienced Chicago, Illinois personal injury lawyer like those of Clifford Law Offices can provide information on whether to pursue an action in court.