Chicago Personal Injury Lawyer

Personal Injury FAQ

• Do I Have an Injury Case?

  Most personal injury cases are based on injuries that occur in accidents. However, not all accidents will trigger a personal injury claim. Only those caused by someone else’s carelessness or wrongdoing will create a cause of action.

  Negligence claims frequently come about due to motor vehicle accidents, wrongful death, workplace accidents, medical malpractice, and other incidents.

  Not all personal injury claims are based on negligence. Some claims arise from intentional torts like assaults. Other cases arise from strict liability incidents like product defects and dog bites.

  The best way to determine if you have a case is to consult a Chicago personal injury attorney. Call to discuss our practice areas.

• How Much Is My Personal Injury Case Worth?

  The value of any personal injury case depends on the victim and their unique circumstances.

  People with severe injuries usually receive more money than others. However, various factors can affect what a claim is worth.

  When our attorneys are calculating your damages, we will examine:

  • The types of injuries you have suffered and all the ways they impact you
  • Whether you share any blame for causing the incident
  • Your medical bills, future healthcare needs, and out-of-pocket expenditures
  • Your lost wages and job benefits
  • Whether you’re able to earn the same amount as before
  • The emotional trauma and physical pain you have endured
  • Any insurance coverage that applies

  Once we learn more about what happened, our lawyers can provide a better idea of what you can expect.

• How Long Do I Have to File a Personal Injury Lawsuit After an Accident in Illinois?

  The Illinois statute of limitations sets a strict deadline to file a personal injury lawsuit.

  You typically have two years from the injury date to take legal action.

  If you lose a loved one, the time starts to run on their date of death, which may differ from the time of the accident.

  There may be exceptions to the general two-year statute of limitations. If you miss the applicable deadline, you’ll lose your opportunity to hold the at-fault individual liable for your losses.

  It is best to get advice as soon as possible to ensure that your rights are protected.

  Additionally, the sooner your personal injury attorney can start gathering proof and building your claim, the better your chances of a full monetary recovery.

• How Much Does it Cost to Hire a Personal Injury Lawyer in Chicago?

  Most personal injury attorneys in Cook County work on a contingency fee basis.

  Under this payment structure, it doesn’t cost anything upfront to hire an attorney.

  Your lawyer will get paid at the end of the case if they secure a settlement or verdict on your behalf.

  They will deduct their legal costs from your awarded compensation. If your lawyer is unsuccessful, you will not owe them any attorney’s fees.

  This allows injured people to retain an experienced attorney even if they don’t have the funds to pay for one.

  It ensures that everyone has access to representation.

• What Damages Are Available to Accident Victims?

  Victims may be able to recover economic and non-economic damages covering their accident-related losses.

  Economic damages are the financial losses you incurred, such as:

  • Lost income and benefits
  • Reduced earning capacity
  • Medical treatment bills
  • Future medical costs for ongoing treatment
  • Physical therapy
  • Out-of-pocket expenses for things like travel, childcare, and household services
  • Property damage

  Non-economic damages are personal and subjective in nature; they might include:

  • Pain and suffering
  • The onset of psychological disorders, such as PTSD or anxiety
  • Scarring or disfigurement
  • Disability
  • Loss of consortium

  In some cases, an Illinois court may award the victim punitive damages. These damages are only granted if the plaintiff shows that the defendant consciously and recklessly disregarded their safety.

  Punitive damages aren’t meant to compensate for a specific loss; they punish the defendant for their conduct.

• Will My Case Go to Trial?

  Statistically speaking, it is unlikely that your personal injury lawsuit will go to trial. Based on a United States Department of Justice (DOJ) study, only 3% of these cases result in a trial verdict.

  Filing a personal injury lawsuit and taking the matter to court does not necessarily mean it will go to trial, either. Settlement negotiations can still continue throughout the litigation phase.

  Sometimes, simply filing a lawsuit can persuade the other side to offer a more reasonable settlement amount. The aforementioned pretrial discovery stage is one key reason why this is true.

  Although it’s not likely that your case will make it to court, let alone trial, keeping these options open can be to your benefit.

• Do I Always Need a Personal Injury Lawyer?

  If you’ve been hurt due to someone’s actions, you should consult an experienced personal injury attorney.

  Most provide a complimentary assessment to discuss what happened and advise you on the best path forward.

  Your claim may be difficult to prove or involve complex issues, which makes legal representation crucial to recovering the compensation you deserve.

  Therefore, consider speaking with an attorney to determine whether you need their assistance.

• Does Illinois Have Caps on Damages?

  Illinois currently does not have caps on damages. The state leaves it to judges and juries to decide the amount of fair compensation to award to plaintiffs.