Maneuvering through a personal injury lawsuit in Chicago can feel overwhelming. Following a car crash, a slip and fall accident, or a workplace injury, it is important to work with an attorney. An experienced Chicago personal injury attorney from Lerner and Rowe will make sure that your rights are protected and that you get the best possible compensation in your case.
Most Common Types of Personal Injuries in Illinois
There are a wide variety of personal injuries that can happen in Chicago. In most cities, these include:
- Car accidents, with spinal injuries, brain injuries, broken ribs, and concussions.
- Slip-and-fall accidents, which often include broken bones, sprains, and dislocations; occasionally, a slip-and-fall can result in head injuries.
- Dog bites are the most common injury caused by an animal and can include puncture wounds and deep bruising.
- Medical malpractice is caused by healthcare provider mistakes.
- Workplace injuries are often handled through a different channel before a case becomes a claim in court.
Initial Steps to Take after a Personal Injury in Chicago
After a personal injury, you should seek proper medical attention right away. You should also try to document as much information as you can, including witness contact information, your account of what happened, and the location of where the injury happened.
You will likely engage with an insurance company, but you should limit your contact with them. Most insurance companies give you a certain amount of time to accept a settlement. Do not admit fault, but give them information that is pertinent to your situation.
Keep track of your expenses and records of the injury and consult with a personal injury attorney in Chicago, like one from Lerner and Rowe. At the end of the day, you may choose to accept an insurance settlement or take your claim to court.
What Must a Plaintiff Prove in a Personal Injury Case?
In a personal injury case, a plaintiff must prove negligence. Negligence comes down to one simple set of facts:
- Did someone have a duty of care to prevent an injury?
- Did that person breach that duty of care?
- How did that breach of care contribute to or cause the injury?
- What are the damages associated with that injury?
A personal injury lawyer looks at these factors when consulting on a case. Duty of care can involve actions expected by a reasonable person, such as following traffic laws, cleaning up spills in a store, or making sure that workplace equipment is in good working order.
Negligence starts when a person breaches an expected duty of care. Let’s say that someone is speeding, passes another vehicle incorrectly, or a manager neglects to repair workplace equipment. Those are the actions that could potentially contribute to an injury.
Causation involves making a connection between a breach of care and an injury. A medical report dated on the day of an accident, police reports, and eyewitness accounts all help determine that a person’s breach of duty caused an accident.
Damages are the dollar amount associated with a plaintiff’s claim. These are deduced from medical expenses, pay stubs, and testimony regarding non-economic damages.
How Long Do You Have to Pursue a Claim?
In Illinois, as with any state, there is something called the statute of limitations. A statute of limitations is for two years on personal injuries. If you knew about your injury on the date it happened, the clock starts ticking on your case. Certain things can “toll” or suspend the statute of limitations, such as concealment of evidence related to an injury or fraud.
There are other factors with the statute of limitations. In medical malpractice, you have four years, or an absolute statute, from the date of the malpractice to pursue a case if you just discovered the injury.
How Long Can a Personal Injury Case Take?
The Illinois Supreme Court Review did some research on civil case length, and it found that the average civil case can take 137 days. However, other factors can increase or decrease the time it takes to resolve your case:
- Do you have negotiations ongoing for your case? Cases that are being negotiated often resolve faster than cases that go to trial.
- After the case has ended, does either party appeal? This can increase the length of a case.
- Most cases end quickly because the majority of personal injury cases never go to trial and are resolved with a settlement.
Why Choose a Personal Injury Lawyer For Your Case in Chicago
A personal injury lawyer in Chicago, like Lerner and Rowe, will help you:
- Navigate the complexities of the legal system.
- Deal with any issues that arise with your case, like dealing with insurance companies and organizing information.
- Help you decide whether to settle or take the case to trial.
One important fact to keep in mind is that personal injury cases assisted by a lawyer receive better outcomes than cases that precede with a pro se plaintiff. No matter the type of personal injury, consider working with Lerner and Rowe to get the settlement that you deserve.
Reach out to our Illinois injury lawyers today. Our office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday, and we’re available 24/7 by phone at 844-977-1900. You can also reach us through our safe online form or LiveChat service.