Accidents can strike at any moment, and not all accidents can be prevented; however, if your accident was due to another person’s disregard for your safety, you may be able to hold that person accountable. When someone causes another person harm, either through willful action or by accident, you can seek damages for your losses.

You may have suffered great losses because of your accident. You could be looking at hefty hospital bills, you may be missing a lot of time at work, and you could be dealing with the cost of physical therapy and mental health services. That’s not even including the suffering you’ve endured, for which you are also owed compensation.

Filing a personal injury claim isn’t easy, but when you have the right lawyer on your side, your chance of reaching a positive resolution increase greatly. Your attorney will investigate your accident, figure out who’s to blame, prove your case, and negotiate a fair settlement on your behalf. Partner with a Chicago personal injury lawyer from Lane & Lane, LLC.

Understanding Negligence in Illinois Personal Injury Claims

Injured accident victims are able to file personal injury claims because of the laws regarding negligence in Illinois. When a person is negligent or careless, and that carelessness results in another person’s injury, the negligent party can be held financially responsible. This means that you can sue the person for damages in civil court.

When you pursue a case against an at-fault party, you are doing so for two main reasons: compensation for your losses and justice for the harm that person has done to you. One other important note about negligence is that you don’t have to be 100 percent faultless in order to seek damages.

Even if you are partially to blame for the accident that harmed you, you can still pursue a claim against the other party for the role he or she played in your accident—as long as that person’s fault is greater than yours. This is called contributory fault.

Illinois Personal Injury Statute of Limitations

Most states set a time limit on how long you have to file a personal injury claim after an accident. This time limit is called the “statute of limitations.” If you fail to file your claim within the allotted time, you won’t be able to file a claim at all—no matter how much evidence you have or how much you deserve compensation.

The statute of limitations in Illinois is two years from the date of your injury accident. Don’t risk having your case rejected by waiting too long. Even if you still have plenty of time until the timeframe expires, you should file your case as soon as possible.

Most Common Types of Chicago Personal Injury Cases

There are a great many ways a person can suffer injury because of another’s negligence; however, there are some common injury types, and it is helpful to know them as the laws are different depending on which case you have.

For instance, if you have a medical malpractice case, there are different rules and laws that govern how that type of case should be handled. It is much more difficult to prove medical negligence than it is to prove general negligence.

Each case is unique, and some are much more complex than others. You can rest assured that your Chicago personal injury attorney will know how to address your case to get the compensation you deserve. Listed below are the most common types of personal injury cases and a little information about each case type.

• Motor vehicle collisions
• Product liability
• Premises liability
• Medical negligence
• Sexual abuse
• Elder abuse

Determining Fault for Your Injury Accident

When you file an injury claim, you are asserting that someone has harmed you and that he or she owes you damages for that harm. But how can you really be sure who was at fault for your accident? In some cases, the fault will be extremely obvious and easy to prove.

For example, if you were sitting in a parked car and a driver came along and hit you, chances are that it was the other driver’s fault. Not all cases are this clear-cut and easy to prove, however. In fact, most cases aren’t. In order to determine who is liable for your accident, you will have to investigate.

Your Chicago personal injury lawyer from Lane & Lane, LLC will assist you with the entire investigation process, as well as with the entire personal injury process from start to finish. Below is a list of evidence types that might be needed to prove your personal injury claim:

• Witness statements
• Expert witness testimony, such as medical experts or accident scene investigators
• Police reports
• Video footage and photos of the accident scene and your injuries
• Physical evidence pertaining to your claim
• Medical evidence of your injuries, including doctor statements
• Medical history

What Will Your Chicago Personal Injury Attorney Do?

Remember, you’re hiring a personal injury lawyer for a reason: to assist you with your case. Your lawyer will do a lot more than just investigate your case. He or she will also perform the following tasks:

• File your personal injury claim paperwork
• Answer all your questions and concerns
• Walk you through the entire claims process
• Help you document your medical injuries and related losses
• Build a convincing case that shows fault, why you deserve to receive damages, and how much your damages amount to
• Present your case to an insurance company and negotiate the best settlement possible
• Take your case to court if necessary

Filing a personal injury claim on your own is not in your best interests. You deserve to receive maximum compensation for the suffering and financial losses you’ve been forced to endure because of another’s negligence. You need to concentrate on your physical and emotional wellbeing—not worry about winning your claim.

Your injury attorney will do everything possible to see that your case reaches the positive outcome you’re hoping for, otherwise your lawyer will take your case to court in order to fight for you and the compensation you rightfully deserve.

The Insurance Company Doesn’t Want to Pay

Many people don’t realize that when you sue someone, it’s usually the insurance company that will be paying the bill. Unless you’re suing a person that is enormously wealthy, you simply won’t get the money you need by suing an individual. In most cases, it’s an insurance company that pays out on negligence claims.

Consider a car accident. Even though it was the driver that was to blame for hurting you, the driver’s insurance company is who will be paying for your losses. That is what insurance is for: to protect people from financial liability after they’ve caused damage or injury.

Even though we all understand the purpose of insurance coverage, we also must understand that insurance companies are private businesses. These are not non-profit groups dedicated to helping people. These are smart, savvy companies that want to turn a significant profit. Insurance is big business.

What that means for you is that you can’t simply make a request for a settlement and expect to receive your money without question. The insurance companies will question every part of your claim. If they can get out of paying, they will, so you must be careful when dealing with insurance companies.

Many insurers have methods that assist them in avoiding financial responsibility. One method is to lower your claim’s value. For example, an insurance company may try to record a statement over the phone, hoping you’ll slip up and admit fault so that they can pay you less in compensation.

Be very careful when you speak with insurers—or better yet, have your personal injury lawyer in Chicago talk with them on your behalf. That way, you won’t have to worry about accidentally saying the wrong thing and getting less compensation as a result.

Serious Injuries Lead to Serious Losses

If you’ve been in an accident, it’s possible that you’ve suffered a catastrophic injury. These types of injuries go far beyond a few bumps and bruises. With serious injuries, your entire life will be changed by the accident, and you will likely need financial help.

In order to prepare for the future, filing a Chicago personal injury claim is the only way to receive enough financial security to live with an injury of this magnitude. See below for a list of serious injuries that will require serious compensation:

• Spinal damage
• Broken bones
• Traumatic brain injuries (TBIs)
• Severe burn injuries
• Internal injuries
• Loss of limb

All of these injuries are different, and they will affect everyone differently, but the one thing they have in common is that they will lead to extensive monetary losses.

Each injury in the above list will require months—if not years—of medical treatment. You may not be able to work for a time, and in some cases, you may not be able to work ever again. Compensation will be necessary for you to regain a good quality of life.

Monetary Compensation for Your Chicago Personal Injury Claim

When you file a personal injury claim, your goal is to receive compensation that will cover your monetary losses. Depending on how serious your injuries are, your monetary losses could be relatively small, or they could be quite large.

Economic losses are the monetary damages you’ve sustained. Non-economic losses concern the way that your accident and related injuries have affected your life.

See the list below to get a better idea of the different damages you can request in an injury claim:

• Pain and suffering damages
• Medical care, including medications, hospital visits, copays, surgeries, expensive treatments
• Missed income and loss of future income
• Permanent disability
• Permanent injury, scarring, or disfigurement
• Mental trauma
• Physical rehabilitation and mental health services
• Loss of enjoyment of life

Get in Touch with a Chicago Personal Injury Lawyer

You’ve suffered enough at the hands of a careless person; you shouldn’t have to suffer any further. Filing an injury claim may be the answer to getting the financial compensation you deserve. When you file a claim, you can expect to recover all your losses, both monetary and non-monetary. The claims process isn’t easy, however.

Getting help with your injury claim is the best decision you can make. You need the experience of a personal injury attorney to assist you in investigating your wreck, collecting evidence, proving fault, and arguing your case with an insurance company or in court. No law says that you have to do this on your own.

Partner with a Chicago personal injury lawyer to see the positive claim results you’re after. You deserve to receive the maximum available compensation for your case. You focus on healing and putting your life together. Our firm will focus on getting you paid. Call Lane & Lane, LLC for a free case review at 312-332-1400, or simply complete the form below.

Chicago Personal Injury FAQ

Filing a personal injury claim in Chicago or anywhere else in Illinois isn’t something that most people do on a daily basis. Consequently, you’re bound to have a number of questions. Fortunately, the personal injury attorneys at Lane & Lane, LLC are happy to answer all your questions during a free initial consultation.

We can help you to determine the viability of your claim and what you can reasonably expect to obtain in compensation. To speak with an attorney today, call 312-332-1400.

In the meantime, feel free to read through our commonly asked questions that can help you get a better grasp on the personal injury claims process. When you contact our law firm, we’ll be able to give you more specific answers directly pertaining to your case.

What are some of the most common personal injury case types?

Accidents can happen without notice, and they can happen anywhere, but there are some ways that different types of accidents are classified, as the case law is unique for each accident type.

For instance, car accident claims are handled in a different manner than medical malpractice cases. Some of the most common accident types are as follows:

• Auto wrecks
• Premises liability
• Construction accidents
• Medical negligence
• Dangerous products
• Work-related accidents

What are some common types of injuries that lead to extensive damages?

The injury you sustained in your accident does matter, especially with regard to how much compensation you can receive. Very serious injuries lead to very serious losses, both financial and non-financial. Here are a few injuries deemed serious, which will result in higher damages for you:

• Traumatic brain injuries (TBIs)
• Amputation
• Severe burns
• Internal organ damage
• Broken bones and fractures
• Spinal cord damage

What is negligence in Illinois?

“Negligence” is the legal concept that all people are liable for the harm they do to others. If you can prove that another person’s behavior or actions caused your injuries and losses, then you can file a civil claim to recover damages. Most people file a claim to recover damages, such as medical expenses, lost wages, and other expenses pertaining to an accident.

How do you win a personal injury claim?

To win a personal injury case, you must prove that you were injured because of another person’s negligence, and you must show that you sustained damages as a result of your injury.

For instance, it’s not enough to simply show that a car hit you while you were walking down the sidewalk—you must show that you were harmed in the process (some people have been struck by a car and not been hurt at all).

Again, evidence will show negligence, and you will need to gather proof of your damages. Your proof could be things like medical records and bills, transportation expenses, property damage, and cost of mental health treatment and physical therapy, as well as showing records of how this experience has impacted your life in a non-economic way.

Can I receive compensation for mental trauma and mental health services?

Yes, you can. If you’ve suffered mentally as a result of your accident, you can add mental anguish and related expenses to your injury claim. The cost of mental health services can add up quickly, and you should be compensated for the negative effects of an accident you weren’t responsible for.

What are punitive damages in personal injury claims?

Punitive damages are different from economic and non-economic damages because their purpose is not to compensate the victim, but rather to punish the liable party. The main intent is to prevent the person from ever again engaging in whatever behavior harmed you in the first place. Punitive damages can be paid to the accident victim if the court decides that’s where the awarded money should go.

Could more than one party be responsible for my accident and injuries?

Yes, multiple parties can be responsible for an accident and for the victim’s damages. For example, if you were hurt in a vehicle crash that was caused by a drowsy truck driver, both the trucker and the trucker’s employer could be liable.

Additionally, if other factors also played a role in the trucking collision, such as a dangerous pothole in the road, then you could also sue the government for failing to maintain safe roads. Depending on your situation, there could be many liable parties. Naming them all in your injury claim will increase your chances of receiving full compensation.

Can I file a personal injury claim on behalf of a minor?

Yes, you can file an injury case on behalf of a child or teen under the age of eighteen. Children are entitled to similar damages as adults, but they may also be entitled to damages pertaining to any detrimental impact to their growth and development.

What happens if an insurance company won’t settle my claim?

If an insurance company won’t settle your claim fairly then you have the option of taking your claim to court. First of all, understand that most claims settle, so the likelihood of going to court is slim. Still, it’s always a possibility. If your Chicago personal injury lawyer believes in your case, however, then you really have nothing to worry about.

Your lawyer is not afraid to take your case to court if necessary and will fight to see that you get the monetary compensation you deserve for the injuries you’ve sustained. If your case goes to court, then it will be presented before a judge and jury and your damages will be decided after the court has examined your case.

Will I have to testify in court if my claim goes to trial?

It’s possible. If your case does go to court, it is likely that you will need to testify as to your version of events; after all, the accident happened to you. You will almost certainly not be the only witness, however, so you shouldn’t let this bother you. Additionally, your injury lawyer will prepare you for testifying so that you’ll be ready when your time on the stand comes.

Your lawyer will also be presenting all the available evidence in your case, such as medical evidence of your injuries and how your injuries have changed your life. Also, many times that a trial is scheduled for a personal injury claim the insurance company will settle right before trial. They use the prospect of trial to scare you, hoping you’ll back off or accept a lesser settlement amount.

What happens if I was partly to blame for the accident that injured me?

When you’re involved in an accident, things aren’t always black-and-white. Not every accident is 100 percent the fault of the other party. Sometimes you might be partly to blame for your accident and subsequent injuries. In Illinois, your fault will not keep you from filing a personal injury claim as long as your percentage of fault was not greater than 50 percent.

As long as you can show that another party was mostly responsible for what happened, you can still seek damages from that party. That being said, your damages will be reduced by the percentage of fault that rests with you.

For instance, if you were walking down the street and fell into an unmarked open manhole, you could be partially to blame if you were texting while walking down the street instead of paying attention to your surroundings.

The court may decide that you were 10 percent at fault for your injuries because another person who was being reasonably careful wouldn’t have fallen down the manhole. If the court decides to award you $10,000 for your accident injuries, your claim will be reduced by $1,000 because of the fault that the court assigned to you.

What if I don’t have the money to pay a Chicago personal injury attorney?

Many people put off filing an injury claim for far too long, or they don’t file a claim at all, simply because they believe they can’t afford to hire an injury attorney. This is unfortunate because at Lane & Lane, LLC, we have injury lawyers who will work on your case on a contingency fee basis.

What that means for you is that you don’t pay your attorney until after a settlement has been won for you! That’s right. Your lawyer will handle filing fees and will front all the costs of your claim, only taking those fees out after you’ve obtained the fair compensation you deserve.

In addition, in most cases, lawyers from our firm can secure a higher settlement than you could ever secure for yourself. That means your attorney’s fees are paying for themselves!

What does my lawyer do for me during the personal injury claim process?

When you’re deciding whether to hire a Chicago injury lawyer or file a claim on your own, you may be wondering what your lawyer actually does for you. Your attorney does a great many things that would be very difficult for the average person to accomplish on his or her own.

For starters, your attorney will investigate your case to the fullest to identify all at-fault parties and potential sources of compensation. Next, it will be necessary to gather all available evidence, which could include interviewing witnesses, hiring accident scene investigators, collecting medical documentation, and much more.

Your lawyer will file all the legal paperwork, ensuring that it’s all correct and accurate. Incorrect paperwork could greatly slow down the claims process, or it could lead to your claim being rejected or thrown out.

Your lawyer will walk you through the entire claims process from start to finish, answering any questions that you have about your case. Once your personal injury lawyer has finished putting together a compelling case, he or she will negotiate the fair settlement you require for your injuries.

Should the insurance companies fail to offer you a settlement that you’re happy with, it will be up to your attorney to take your case to court.

Why should I work with Lane & Lane, LLC?

You should work with our Chicago personal injury law firm because we have experience winning accident victims the compensation they rightly deserve. We will throw everything we’ve got at your case to ensure that the wrong that happened to you does not go without compensation. Get in touch with a lawyer with our firm to discuss your claim today.