Personal Injury Law in Illinois

Were you hurt due to another’s negligence in Illinois? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Illinois can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Illinois relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Illinois

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Illinois 

One of the big issues with emergency room visits is the wait times for  patients to be seen or admitted by a doctor. According to the ProPublica ER inspector, across Illinois wait times average about 5 hours until a patient is admitted. Most commonly ER visits in the state are a result of stomach aches, chest pains, or accident related injuries like cuts and contusions. As far as injuries beyond the most common, the Chicago Tribune attributes Illinois’s legalization of marijuana to a steep rise in ER admissions.

Steps in a Personal Injury Lawsuit in Illinois

Once you determine that you wish to proceed forward with a personal injury action in Illinois

A lawsuit begins when you file a complaint with the court and serve the complaint to the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

If no settlement can be reached between you and the defendant, then you and your attorney can file a complaint to the court in order to seek the damages you deserve. After filing the complaint you then endure the process of depositions, written interrogatories, and discovery before going to trial.

Illinois Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

In Illinois, emergency room visits and unexpected injuries are rising across the state. On average across the nation, settlements for personal injury suits range anywhere from $3,000 to $75,000. Illinois trends right along with the national average, but keep in mind the state has no damage caps when it comes to personal injury settlements. According to Illinois Courts, this means that settlements can have an even higher than average payout in Illinois.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in IL, that means you risk not receiving any compensation at all.

Damage Awards in Illinois

If your Illinois personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are awarded rarely, and typically are left to the courts decision. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

There are no damage caps for Personal Injury suits in Illinois. Whether it be economic or noneconomic damages, there is no cap on the amount your settlement could net you.

Statute of Limitations in Illinois Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Illinois, you have two years from the date of your accident to file a personal injury suit. This two year statute of limitations begins to countdown on the date of your accident.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Illinois Lawyer

Pursue a personal injury claim in Illinois against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Illinois state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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