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“Personal injury” covers many case types. Still, they have one thing in common: someone failed to do something they should have, and that choice caused injury to you or a loved one.
A defective product, failure to signal, safety violations, and other types of negligent behavior can lead to high quality of life costs with a spinal or brain injury, disfigurement, and heavy emotional distress, not to mention medical expenses that keep adding up.
Find out more about personal injury law in Illinois and what to consider when hiring a personal injury attorney in this Midwest spot on the map.
It’s simple — if you didn’t go to law school, your chances of reaching a reasonable settlement in a personal injury case are much lower than if you hire a personal injury lawyer.
In personal injury cases, a settlement is often reached outside the courtroom, meaning that a judge or jury rarely renders verdicts.
These statistics can help you understand personal injury in Illinois:
Getting hurt through someone else’s actions or choices doesn’t always mean you have a valid personal injury case. To help you understand whether you might have a case, we’ve listed some of the main types of personal injury below.
Illinois personal injury lawyers accept cases involving:
Injuries in personal injury cases can run the gamut. Still, there are a few common categories for them.
Some of the most common injuries include:
One of the biggest challenges in most personal injury cases is proving your side. To be eligible for a case, you must prove that there is a reasonable chance that the other party caused your issues.
Another driver may have turned in front of you or a company may hold product liability, but can you successfully argue that or convince the responsible party that you deserve a fair settlement?
When it’s been decided that you have a case for personal injury in Illinois, you have two options for suing the at-fault party.
For anything short of death, you’ll want to file a personal injury lawsuit.
This can help you with issues caused by the at-fault party, such as:
When injury victims die from someone else’s negligence, immediate family members can file a wrongful death lawsuit against them.
Wrongful death cases can be brought against the responsible party even if the injured person passes at a later time as long as it’s proven that they died because of the accident or treatment.
When filing a personal injury case, know that multiple factors contribute to whether you have a valid case and how much compensation you’ll be eligible to receive.
In Illinois, personal injury cases are examined through an at-fault, comparative negligence lens. This means that anyone involved in the lawsuit, including you, can bear a portion of the fault.
Law enforcement, insurance companies, and the courts determine this. If you’re proven to be at fault, it can reduce the compensation you receive by the percentage of your responsibility.
If your accident was minor, it can decrease the compensation you’re owed if it doesn’t result in your case being thrown out. More severe accidents will result in higher compensation claims.
A catastrophic injury is more likely to be eligible for compensation, affecting the quality of life for some time. Minor injuries may receive compensation, but the amount can be much lower.
Property damage, like your car in a crash, can be fairly straightforward to assess and prove. Non-economic damages, like emotional distress, can be more challenging to determine and argue.
It’s a big reason to work with trial lawyers with years of experience in these practice areas, as they know how to identify and explain all types of damage.
If you’re dealing with a personal injury legal issue in Illinois, look for law offices with extensive experience and testimonials on third-party review sites rather than theirs.
When you’re unsure of your case, a free consultation with an Illinois personal injury attorney can clear up any questions. LegalFinders will connect you with vetted attorneys in the Chicago area (and elsewhere in the state) qualified to help you with your case.
Gathering documentation for your case starts sometimes before you realize you have a case, like at the car accident scene or when a medical professional recommends a particular treatment.
Documentation that can help prove your case may be:
In Illinois, the statute of limitations on most personal injury cases is two years from the initial injury. However, there are a few exceptions to that rule.
For example, if the injured party is a minor, the timer on the statute begins when that person turns 18.
You have one year to file a lawsuit against a government entity. And the timer for a person in a coma is paused until they wake up.
Also, know that there can be additional hoops when filing against certain entities, such as mandatory notification in advance of filing.
In most cases, yes. Hiring legal representation through a personal injury law firm will significantly improve your chances of a fair settlement.
An experienced personal injury attorney can provide legal services that include case evaluation, filing on time for deadlines, and applying the laws of the state of Illinois to your unique situation, getting you the maximum compensation.
Some qualities will make a difference for you and your case when choosing a personal injury lawyer in Illinois.
Some of the main qualities to look for are:
When you want to find a personal injury attorney in Illinois but aren’t sure where to start, LegalFinders is available to evaluate your case for free and then set you up with a qualified attorney who will do a free consultation upfront.
Lawsuits can be full of worry, time-consuming, and technical. Working with the right attorney can ease your mind, save time, and help you understand the legal jargon. Let LegalFinders assist you in the initial process today.
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Published: 4 April 2024
Illinois Department of Insurance. “Comparative Negligence.” Retrieved from: https://idoi.illinois.gov/consumers/consumerinsurance/comparative-negligence.html.
Illinois Department of Transportation. “2021 Illinois Crash Facts & Statistics.” Retrieved from: https://idot.illinois.gov/content/dam/soi/en/web/idot/documents/transportation-system/resources/safety/crash-reports/crash-facts/2021-crash-facts.pdf.
Illinois General Assembly. “Illinois Compiled Statutes.” Retrieved from: https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt.+XIII+Pt.+2&ActID=2017&ChapterID=56&SeqStart=102800000&SeqEnd=106200000.
U.S. Bureau of Labor Statistics. “Employer-reported workplace injuries and illness in Illinois — 2022.” Retrieved from: https://www.bls.gov/regions/midwest/news-release/workplaceinjuriesandillnesses_illinois.htm.
Zippia. “This Interactive Map Shows Which States Sue Doctors the Most.” Retrieved from: https://research.zippia.com/states-that-sue.html.