A personal injury occurs when you or a loved one suffers harm due to negligent, careless, or reckless wrongdoing by an entity, including another person, company, or even a government agency. Under Illinois law, you have the right to pursue full and appropriate restitution for your losses.
After a severe accident, personal injury victims can get frustrated, confused, and uncertain about the future. They deal with excruciating pain, changes to lifestyle, and costs associated with treatments.
Have you suffered personal injuries because of negligence or carelessness? Consider seeking the assistance of an Illinois personal injury lawyer from Hirsch Law Group. Our experienced attorneys guide victims through the legal process and fight for compensation. Read on to learn more about how personal injury lawyers from Hirsch Law Group can evaluate your case and gauge your legal options.
As noted above, a personal injury refers to the harm, pain, or injury caused by the action or inaction of another entity. Under the 735 ILCS 5/2-1116, an individual can be at fault for an action that is:
Being hurt by someone’s property or product does not automatically entitle you to compensation. Victims need to establish fault before claiming or negotiating compensation from the personal injury claim. This can be done by proving the following elements:
Duty: The defendant had a responsibility and duty of care toward you.
Breach: The defendant failed to act reasonably in their duty.
Injuries: The defendant’s breach initiated the actual cause of injuries sustained.
Losses: You suffered a loss due to injuries. These losses could be economic, non-economic, or both.
Personal injury claims can undergo several steps before a court claim is filed. Read on to learn more about the steps you can partake in.
Get medical care: After an accident, seeing your doctor as soon as possible is important. It is crucial to document your injuries since there is no case if there are no injuries. In a personal injury case, follow your doctor’s orders until you reach maximum medical improvement. Stopping your treatment against a doctor’s order can limit your total damages because an insurer can use this against you.
Begin your insurance claim: When the accident occurs, notify your insurance company. If you wait too long, your insurance company may oppose your claim. It is important that you stick to the basic facts and politely decline to answer any questions. They will do whatever they can to limit your settlement payments.
Gather Evidence to Prove Negligence: Gather as much evidence as you can, including:
Video surveillance from the scene of the incidence
Company safety records
Hire a skilled lawyer: Consult a lawyer with extensive experience handling personal injury cases. Hirsch Law Group lawyers can help you prove the negligence of the at-fault party in your case.
The Illinois Code of Civil Procedure places a rigid time restriction on your privilege to ask a court for compensation. The standard limitation period for most personal injury cases in Illinois is two years.
The two-year limit for filing an injury lawsuit runs from the date you sustained the injury. The two-year deadline applies to personal injury cases in relation to accidents surrounding cars, trucks, motorcycles, bicycles, pedestrians, construction accidents, or the workplace.
Illinois has certain exceptions applicable to cases involving:
Medical malpractice: If the victim is under 18, the Illinois statute allows filings for up to 8 years from the date on which the medical malpractice occurred. A lawsuit, though, can’t be filed later than the victim’s 22nd birthday.
A patient has up to 5 years to file a claim if the medical case involves fraudulent concealment of the injuries sustained.
Government tort claims: The government’s negligence contributing to injury gives the victim the right to file a claim. Under the Illinois Court of Claims Act, a plaintiff has:
One year from the injury date to file notice with the Attorney General and the Court of Claims
One year from the accident date to file a lawsuit with the Court of Claims
Once you have provided notice of your claim, you have up to two years to file a lawsuit.
Workers’ compensation benefits: A workers’ compensation claim allows injured workers to recover money for work-related injuries. The Illinois Workers’ Compensation Act limits the filing of a claim in the following manner:
Three years from the date of injury
Two years from the date you last received benefits
As per Illinois procedure 735 ILCS 5/2-1115.2, victims can receive compensation for economic and non-economic damages in personal injury cases. Economic damages comprise measurable financial losses incurred because of your injuries. They include:
Future earning capacity
Past and future medical bills such as surgeries, mobility aids, and physical therapy
Mental health treatment costs.
Non-economic damages don’t have a specific cost assigned to them. They include:
Pain and suffering
Damage to reputation
As a result of medical bills, the need for additional care, and the emotional strain of seeing a loved one in pain, families can be put under a great deal of stress when a loved one has suffered a personal injury. It is possible to obtain compensation, but it is not an easy process. So it is often best to hire an attorney.
Examine your case and identify potential liable parties: You can rely on our experienced personal injury attorneys to investigate your case and determine the liable party. A personal injury lawyer will advocate for your rights against insurers, government entities, and large companies.
Collect evidence: As part of your legal defense, your attorney will compile all the necessary evidence, including medical bills, medical reports, police reports, video and photographic evidence, and witness statements. Afterward, your attorney can evaluate the evidence and advise you on the best course of action.
Building your case and filing your claim: Using the evidence collected, we will prepare a persuasive legal argument to help you obtain compensation. To recover damages, they file a claim with the at-fault party or their insurance company. Insurance companies are known for denying claims and offering low settlement amounts. If you don’t receive a fair compensation offer, our team can help you:
Appeal the denial
Negotiate a fairer payout.
File a personal injury lawsuit to pursue maximum compensation.
Trial advocacy: During the trial, your attorney can argue your case and advocate for your rights. Your attorney will present evidence to support your claims and cross-examine witnesses to challenge the other party’s arguments. The court will then decide on a ruling that will determine the outcome of your case.
With our Chicago personal injury attorneys, you can receive guidance throughout the entire legal process, no matter what the cause of the injury is. We will fight for you and ensure you receive the compensation you deserve.
Are you dealing with catastrophic personal injuries? Hirsch Law Group can help you recover compensation for your losses. Our injury lawyers offer clients the personalized attention they deserve. We answer any queries you may have promptly and keep clients informed throughout their cases.
An experienced personal injury lawyer can understand the physical, emotional, and financial devastation caused by injuries. Let us navigate the complexities of the legal process so that you can recover stress-free.
Get in touch with Hirch Law Group today for a consultation about your legal rights. Whether you need a criminal defense lawyer or an experienced personal injury attorney, we can help. Call us now!