It’s understandably disorienting to be injured in an accident. The physical injuries, emotional trauma, and financial loss can be daunting and significant. One of the first things that people wonder is if they have a legitimate personal injury claim. To help clear up any confusion, the Chicago personal injury lawyers at Lerner and Rowe Injury Attorneys have prepared this guide on personal injury claims in Illinois.
Personal Injury Claims in Illinois Defined
A personal injury claim is a legal claim that you can file if you have suffered injuries due to the negligence, recklessness, and intent of another person. While car accidents are some of the most common personal injury claims, you’re not limited to just this type of claim. Some of the common personal injury claims in Illinois include:
- Car accidents due to speeding, driving while distracted, driving while intoxicated, etc.
- Pedestrian accidents involving a driver who fails to yield or comply with traffic laws
- Slip and fall accidents on another person’s property, including a wet floor, icy walkway, or run-down staircase
- Workers’ compensation injuries sustained while at work
- Medical malpractice
- Dog bites and other animal attacks
- Rideshare accidents involving services like Uber or Lyft
- Defective product injuries sustained while using a product for its intended purpose
The common thread among all of these is the fact that someone failed to exercise reasonable care, and you were forced to pay the price.
Two Key Elements of Illinois Claims: Liability and Damages
The essence of all personal injury cases in Illinois can be distilled to two fundamental items: liability and damages.
Establishing Liability
In order to have a valid personal injury claim, you must generally establish liability, which is a legal term for responsibility or fault. Here are all the elements that must be established:
- Another party had a duty of care towards you (e.g., a driver has a duty of care in driving their vehicle safely)
- The other party breached their duty of care through negligence or recklessness
- The other party’s breach of duty of care directly caused your injuries
- You sustained real damages as a result of your injuries
Of course, this all sounds simple enough; however, proving it is another story altogether. The other party’s insurance company will conduct their own investigation as well, and their goal is to give you as little as possible. They will attempt to prove that you were partially at fault, that you had pre-existing injuries, or that it wasn’t as bad as you’re saying it was.
This is where a skilled Illinois personal injury lawyer becomes an integral part of your case from day one. Your attorney will collect critical evidence before it is destroyed: police reports, medical records, witness statements, video footage, accident reconstruction reports, etc.
Calculating Damages for Personal Injury Claims in Illinois
Once liability is clear, it’s time to begin calculating your damages. Damages in personal injury lawsuits come in two varieties:
Economic damages—these are the tangible, quantifiable losses:
- Medical expenses (including emergency care, surgeries, physical therapy, and ongoing treatment)
- Lost wages while you’re unable to work
- Impairment of earning capacity if your injury affects your ability to work long-term
- Property damage (such as a totaled car)
Non-economic damages—these can be harder to quantify, but they’re no less legitimate:
- Pain and suffering
- Emotional distress
- Inconvenience or disruption to your enjoyment of life
- Permanent disability or disfigurement
In cases where the defendant’s negligence is especially egregious—for example, a drunk driver causing serious injury to you or a loved one—punitive damages may be available to you. These are not intended to compensate you for your losses but to punish the person or company that wronged you.
Illinois Comparative Fault—What If I Was Partially to Blame for the Accident?
In Illinois, a modified comparative fault standard is used to determine liability and compensation for personal injury cases. That is, even if you were partially responsible for causing the accident, you may still recover compensation for your losses—provided you were not more than 50% responsible for causing the accident.
However, the compensation will be reduced according to the percentage of fault you are given. If you are awarded $100,000 and are judged to be 20 percent at fault, you will receive $80,000.
This is yet another reason why the way your case is presented is important. Insurance companies will try to give you a higher percentage of fault than you should receive. A good Illinois injury attorney knows how to counter this.
Illinois Statute of Limitations: You Have a Window — Don’t Miss It
This is perhaps the most important point when it comes to personal injury claims in Illinois. In the majority of personal injury cases in the state of Illinois, you have two years from the time of the accident in which to file your claim. This is known as the statute of limitations.
If you don’t file your claim in this time period, you are giving up your chance to receive compensation altogether. There are few exceptions to this rule, and you should never plan on one of them applying to your case.
Two years is a long time, but the process of building up your case is not quick. Medical records have to be gathered, experts have to be consulted, and insurance companies have to be negotiated with.
Personal Injury Claims in Illinois: What to Do After an Accident
If you’ve been injured and you think you may have a personal injury case, here are the most important things to do:
- Get medical help right away, even if you think you’re fine. Some personal injuries, such as whiplash or traumatic brain injury, may not show symptoms right away.
- Document everything. Take pictures of everything related to your accident and injury. Also, keep track of all your expenses and lost time at work.
- Do not give a statement to the insurance company without first talking to a lawyer. Anything you say to them will be used against you to reduce your claim.
- Do not accept a low settlement without first talking to a lawyer. Insurance companies often make low offers early on to get you to settle for less than you deserve.
Talk to a personal injury lawyer right away to protect your rights and explore your options.
Get Help with Personal Injury Claims in Illinois
Thousands of injury victims in Illinois have turned to Lerner and Rowe for guidance on their rights and the justice they deserve. You deserve experienced and skilled counsel when it comes to personal injury claims in Illinois.
We’re proud to say we’ve recovered significant settlements and verdicts for our clients over the years, and our contingency fee structure means you never pay anything upfront. To get started with us today, simply give us a call, fill out our convenient online form, or get in touch via LiveChat.
The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.