Chicago Personal Injury Lawyer
Chicago Personal Injury Lawyer
Everyone has a legal duty to prevent injury to others within reasonable expectations. Drivers must follow traffic rules to avoid causing accidents, business owners must implement safety measures to protect patrons, and dog owners must leash and train their pets to prevent bites. This duty extends across various scenarios.
Failure to meet this obligation can result in injury, death, or other damages. The responsible party may then be held liable under personal injury law.
Suffering an injury or losing a loved one due to someone else’s negligence is unjust. You deserve financial compensation for your losses. The Chicago personal injury attorneys at Injury Lawyers Team are here to help you hold negligent parties accountable.
Contact us today for a free consultation. We offer legal help to all personal injury victims in Chicago, IL, including victims of pedestrian accidents, car crashes, medical malpractice cases, and more.
What is Personal Injury?
Personal injury law, or tort law, allows an injured person to take legal action against the party whose negligence caused their injuries or losses.
In legal terms, negligence is the failure to act with the care that a reasonably prudent person would under similar circumstances. Negligence can include both actions and omissions when there is a duty to act.
Common Types of Personal Injury Cases
Personal injury laws apply to a wide range of accidents, including:
- Auto Accidents: Most motor vehicle and pedestrian accidents result from driver negligence. The at-fault party is liable for the injuries and losses of the other party.
- Medical Negligence: Medical professionals must adhere to the healthcare community’s standards of care. Failure to do so may result in a medical malpractice case.
- Product Liability: Manufacturers can be held liable for injuries caused by malfunctioning products, except for “unavoidably dangerous” products like industrial cleaners.
- Slip and Fall Accidents: Those who cause someone to slip and fall can be held accountable in a personal injury claim.
- Nursing Home Abuse: Nursing homes can be held responsible for injuries or deaths caused by abuse, neglect, and mistreatment.
- Premises Liability: Property owners or tenants may be liable for injuries caused by unsafe conditions on their property if the injured person had permission to be there.
- Workplace Accidents: Injured workers can file a workers’ compensation claim. However, a personal injury claim can cover additional damages like pain and suffering.
- Animal Attacks: Pet owners are responsible for their pets’ actions. Illinois’ strict liability rule holds owners accountable for damages caused by their pets.
- Wrongful Death Cases: Surviving family members can seek damages if a loved one dies due to another’s negligence or misconduct.
Common Injuries in Personal Injury Claims
Personal injury cases usually involve significant injuries. The following are the most common injuries our lawyers have seen:
- Head Injuries: Traumatic brain injuries (TBIs) and head trauma.
- Fractures: Broken bones from impacts.
- Road Rash: Abrasions from sliding on a hard surface.
- Spinal Cord Injuries: Can lead to chronic pain and paralysis.
- Soft Tissue Injuries: Sprains, strains, and whiplash.
- Lacerations: Cuts from sharp objects.
- Burns: Injuries from fire accidents.
- Crushing Injuries: Damage from being crushed between hard objects.
- Internal Injuries: Trauma to organs.
- Amputations: Loss of limbs from severe accidents.
- Medical Malpractice Injuries: Including birth injuries and infections.
Filing a Chicago Personal Injury Claim
You might be entitled to financial compensation if someone else’s negligent behavior injured you. However, you must first prove that:
- The defendant owed a duty of care to you
- The defendant breached this duty of care
- The breach caused your accident
- The accident directly led to your injuries and other losses
Evidence
To file a successful personal injury case, you need substantial evidence to establish the negligence of responsible parties and show the extent of your damages. Your personal injury lawyer will help you collect relevant forms of proof, such as:
- Photos of injuries
- Documentation of the accident scene
- Surveillance footage
- Medical records
- Psychological evaluations
- Proof of lost income, such as previous pay stubs
- Medical bills
- Witness accounts
- Expert testimony
- Victim testimony
- Police reports
- Incident reports
Damages
Filing a claim against at-fault parties could help you pursue maximum compensation for the following:
- Medical Expenses: Compensation for medical treatment costs, including hospitalization, medication, surgery, treatment, and anticipated future medical bills.
- Disability: Compensation for disability-related damages if your accident leads to permanent disability. These damages may include loss of future earning capacity, mobility aid expenses, and rehabilitation.
- Pain and Suffering: Compensation for physical and non-physical injuries, including physical pain, emotional distress, mental trauma, etc.
- Lost Wages: Compensation for wages, income, and benefits lost while recovering from your accident or caring for an injured loved one.
- Loss of Quality of Life: Compensation for quality of life lost following the accident, possibly manifesting in reduced independence, loss of enjoyment in daily activities, accident-related mental illness, etc.
- Scarring and Disfigurement: Compensation for the economic and non-economic losses caused by permanent scarring or disfigurement.
- Property Damage: Compensation for personal property lost or damaged in the accident.
- Wrongful Death: Compensation for death-related damages if your loved one dies, including funeral and burial costs, pre-death medical expenses, and grief.
No two cases are the same. Hence, settlement values vary. Your Chicago personal injury attorney will calculate the potential value of your settlement based on these damages and other applicable factors to ensure you receive fair compensation.
Reaching a Settlement
Negotiations often involve insurance companies. We recommend letting a personal injury attorney handle these negotiations to avoid lowball offers. Remember, once you accept payment, the case is closed.
Additionally, our lawyers recommend that you:
- Do not sign over any evidence or agree to recorded statements
- Do not admit fault in the accident
- Have your lawyer handle communications with the insurance adjuster
Filing a Personal Injury Lawsuit
In some cases, filing a personal injury lawsuit is necessary to recover fair compensation. Your personal injury lawyer could help you file you pursue personal injury litigation if:
- The defendant denies responsibility.
- The insurance company refuses a fair offer.
- Negotiations stall.
- The claim exceeds the insurance policy limit.
Filing a lawsuit may seem daunting, but our personal injury lawyers will help you through every step. Your Chicago personal injury attorney will discuss the implications of going to court and the likelihood of your case going to trial.
If you want to avoid litigation, our lawyers could help you seek compensation through alternative dispute resolution methods, such as arbitration or mediation. These methods are usually less expensive, formal, and time-consuming than court trials, making them ideal for people who need compensation as soon as possible.
Statute of Limitations
In Illinois, the statute of limitations for personal injury lawsuits is two years from the incident (735 ILCS 5/13-202). Missing this deadline means the court will refuse your case.
Shared Liability
What if you are partially to blame for the accident? Can you still pursue damages? The answer is yes, but only if you are less than 50% at fault for the accident.
Illinois uses the modified comparative negligence rule as the standard for recovery of damages (735 Illinois Complied Statutes Section 5/2-1116). Under modified comparative negligence, an injured party may recover damages only if their degree of fault for the incident is less than 50%.
If you are partially at fault, you can still recover damages if you are less than 50% responsible. Compensation will be adjusted based on your degree of fault.
How Our Personal Injury Lawyers Can Help
Personal injury laws are often complex, and recovering fair compensation is not always easy. You need a skilled Chicago personal injury lawyer who can help you:
- Investigate how and why the accident happened
- Establish the liability of responsible parties
- Determine the extent of your injuries and damages
- Gather substantial evidence to support your claim
- File a personal injury case
- Negotiate with insurance companies
- File a personal injury lawsuit, if necessary
Talk to an Experienced Personal Injury Attorney in Chicago, IL
Negligence can lead to severe injuries and financial losses. If you or a loved one suffered harm due to someone else’s actions, seek help from Injury Lawyers Team. Our attorneys have a strong track record in handling various personal injury cases.
Our lawyers handle all accepted personal injury claims on a contingency fee basis. You don’t have to pay for our services unless we make a financial recovery for you.