Illinois & Florida Personal Injury Lawyers

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, catastrophic injury, workplace accidents, medical malpractice, construction accidents, slip and fall accidents, 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 Does it Cost to Hire a Personal Injury Lawyer?

  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.

• 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 for filing personal injury lawsuits.

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

  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 financial recovery.

• 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 top-rated trial lawyers can provide a better idea of what a client can expect.

• What Damages Are Available to Accident Victims?

  Personal injury victims may be able to recover economic and non-economic damages covering their personal injury 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 in a civil case 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 personal injury representation crucial to recovering the full and fair 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.

• What Are the Elements of Negligence in a Personal Injury Claim?

  Most personal injury cases arise due to someone else’s negligence.

  In order to establish liability in a negligence-based claim, you must have evidence proving the following elements:

  • The at-fault party owed you a duty of care. For example, all drivers have a duty to drive carefully and follow state traffic laws.
  • They breached their duty of care by acting in an unreasonable way under the circumstances (e.g., by speeding).
  • The other party’s actions directly led to your injuries (causation).

  You suffered damages as a result (e.g., medical bills, lost wages, etc.)

  An experienced attorney in personal injury litigation can gather evidence to prove liability, such as surveillance footage, medical records, expert witness testimony, and more.

• When Should I Hire a Personal Injury Attorney?

  If you suffered injuries because of someone else’s careless or reckless behavior, you should consult an experienced personal injury lawyer as soon as possible. Promptly retaining legal representation has numerous benefits. 

  For one, the sooner your attorney initiates an investigation into your accident, the stronger your case will be. Evidence can disappear over time, and witnesses might forget critical details. 

  Additionally, your lawyer will handle communications with the insurance company, negotiate on your behalf, protect your rights throughout the process, and prevent you from making mistakes that could hurt your claim. You will have someone in your corner advocating for you to recover maximum compensation. 

• What Happens if I’m Partially at Fault for My Injury?

  Illinois implements a modified comparative negligence law that applies if a personal injury victim shares the blame for their injuries. Under Illinois personal injury law, if you are found to be more than 50% responsible, you cannot recover compensation from the other party. 

  Sharing 50% or less of the responsibility will result in a reduced award. For example, if you are found to be 20% at fault for the accident, you can only receive 80% of your damages. 

  The opposing party or insurance company may try to point fingers at you to reduce your payout. However, if you have an attorney representing you, they will protect you from these claims and work to maximize the amount of compensation you recover.