What is a Personal Injury Lawsuit?
When someone is harmed by an accident or injury and someone else may be held legally accountable for that harm, personal injury cases are legal disputes that result. The wounded individual will receive compensation from the at-fault party’s insurance carrier for their medical bills, agony and suffering, and any continuing medical costs. Your personal injury lawyer will collaborate with insurance companies and hospital attorneys if the case concerns medical misconduct.
A personal injury attorney who represents you in a civil court process can formalize your personal injury case. This court proceeding aims to identify those who are legally responsible through a court decision or, as is much more often, such issues may be settled amicably before any lawsuit is filed. The following are the two possible outcomes of a case, such as the requirement of medical care following a vehicle accident or an injury caused by property damage:
- A formal personal injury case – This is typically started when a private person files a civil complaint against another person, business, corporation, or government body, alleging that they acted negligently or irresponsibly in connection with an accident or injury that resulted in harm. This is in contrast to criminal cases, which are started by the government. Bringing a lawsuit is what this activity is known as. Particularly useful is our explanation of negligence and evidence.
- An informal or early settlement – In actuality, the majority of disagreements over who is at responsibility for an accident or injury are settled amicably, generally between the parties directly engaged in the dispute, their insurance providers, and the attorneys who represent each side. A settlement often takes the form of negotiations, followed by a written agreement in which both parties agree to forego further action and settle the dispute by paying a mutually acceptable sum of money.
HOW LONG DO YOU HAVE TO SUE SOMEONE FOR PERSONAL INJURY IN ILLINOIS?
When Is It Required To File A Personal Injury Case?
While some people might be hesitant to make a claim while still getting medical attention for their injuries after an accident, it’s still a good idea to do so. You can start either an insurance claim or a personal injury claim if you think you can show fault and get paid. The earlier you submit, the more deadlines associated with your lawsuit you can avoid. If you intend to take your matter to court, it is important to file as soon as possible.
While getting started as soon as possible is crucial, bear in mind that before you can fix your particular situation, you might still need some time to better comprehend it. Avoid accepting an insurance company’s first offer since unanticipated events can affect the overall amount of compensation you are entitled to. Of course, no two instances are the same. One may take into consideration submitting either a personal injury claim or a lawsuit, depending on the particulars of the case and your situation.
The statute of limitations generally determines how long you have to pursue a personal injury case. You have a certain amount of time to bring your claim according to the personal injury statute of limitations. The statute of limitations in your state will be applicable immediately after the accident and the commencement of your injuries, defining how long you have to file. You have a certain amount of time to bring your claim according to the personal injury statute of limitations. The statute of limitations in your state will be applicable immediately after the accident and the commencement of your injuries, defining how long you have to file. The statute of limitations for personal injury cases in the state of Illinois is two years.
How Does a Personal Injury Case Work?
Since no two incidents are ever precisely the same, no two personal injury lawsuits ever proceed in the same way. However, from a broad perspective, there are some common stages that the majority of personal injury cases follow.
- The Defendant Does Something to Injure Plaintiff – With the exception of contractual breaches, which are dealt with by a different body of law known as “contract law,” the defendant does an act that causes the plaintiff harm. This can involve nearly any wrongdoing on the side of the defendant.
- The Plaintiff Establishes that the Defendant Breached a Legal Obligation – The particular legal duty will depend on the circumstances surrounding the damage. For instance, it is the responsibility of drivers to drive with the degree of caution that a reasonable person would use in such circumstances. Medical professionals are required by law to treat patients in conformity with the accepted medical standard of care. It is the responsibility of manufacturers and distributors to keep harmful or substandard items off the market.
- Settlement Negotiations Take Place – If it is obvious to all parties that the defendant violated a legal obligation, the defendant may desire to arrange an out-of-court settlement. This would entail offering the victim of the harm an offer of monetary compensation in exchange for the victim’s legally-binding agreement not to bring a lawsuit about the injury.
The litigation is over if the plaintiff accepts a settlement. If not, the plaintiff has the option to take the case to court and file a personal injury lawsuit. Even after the lawsuit is filed, settlement talks can carry on, and one can be reached at any point before the civil case is submitted to a jury for a verdict on the defendant’s responsibility. Your best first move, if you’re considering bringing a personal injury claim after any type of accident or event, could be to speak with a personal injury attorney about your case.
Related Article: COMMON TYPES OF SERIOUS AND FATAL INJURIES
How Much Is a Personal Injury Case Worth?
You may be entitled to seek large compensation if you suffered injury as a result of someone else’s careless behavior. However, the extent of potential effects varies, and the solution could not be known for several months. The amount of your injury claim will rely on a number of elements, such as the seriousness of your injuries, whether you will need ongoing medical treatment and the insurance plans that may be able to reimburse you.
The specifics of your case, such as whether you were partially at fault if you suffered permanently incapacitating injuries, or whether you will need continuing medical care, may determine the precise amount you may be able to get in compensation for your injuries. It’s important to take into account both your anticipated future expenses and your current medical bills when determining the worth of your case. Some injuries are incapacitating and call for continual care as well as help with everyday activities.
If you have a hurting back after a vehicle accident, for instance, you might initially believe the discomfort would go away. However, such an injury may have serious long-term effects, such as decreased mobility and spinal problems. These expensive issues frequently take longer to manifest.
It might be impossible to predict your potential long-term expenditures after a major accident. To have a comprehensive understanding of your future medical requirements, you must wait until you have attained your maximum medical improvement or have been discharged from a doctor’s care. Before you have reached your maximum improvement, anyone who tries to estimate the value of your case is not being honest with you. If you consent to a settlement too early, you risk getting a payout that may not fully cover your future medical expenses.
Insurance companies construct a list of all the many kinds of losses you have endured, such as medical expenses and missed wages, in order to determine the worth of a claim. After compiling a list of the losses, they use their damages formula to arrive at an overall value, which helps place a price on non-economic damages like pain and suffering or loss of consortium.
What is a Statute of Limitations?
Laws known as statutes of limitations define how long a person has to launch a lawsuit against a business or person. It is no longer feasible to submit a claim or case relating to the claimed occurrence or event once this window of time or the applicable legal deadline has elapsed.
If the statute of limitations for medical malpractice in one state is two years, for instance, and you bring a claim two years and one day after the alleged occurrence, you’re out of luck. With very few circumstances, a lawsuit cannot be brought against a doctor or hospital after the statutory 2-year period has elapsed.
The statute of limitations for personal injury cases in the state of Illinois is two years. This includes wrongful death suits. The statutes of limitations change slightly if you’re attempting to bring a personal injury claim against the state of Illinois. The Illinois Tort Immunity Act can be studied in its entirety to have a better understanding of what you’re up against. But as it relates to this legislation, the statute of limitations can be summed up as follows:
- Any civil action against a municipal entity or any of its employees for any harm, other than one listed in paragraph B, must be filed in a court within a year of the day the injury occurred or the cause of action arose.
- No action for damages for injury or death arising from patient care shall be brought more than two years after the date on which the claimant knew, or by the exercise of reasonable care should have known, or received written notice of the existence of the injury or death for which damages are sought in the action. However, such a lawsuit cannot be filed more than four years from the date of the act, omission, or another incident that is claimed to be the reason for the harm or death.
ILLINOIS PERSONAL INJURY CLAIM PROCESS TO GET MAXIMUM COMPENSATION
Steps in a Personal Injury Lawsuit
To comply with the applicable statute of limitations, it is crucial to file your personal injury case as soon as possible if you do decide to do so. Most personal injury claims in Illinois must be made within two years after the incident that caused the harm. The case will be looked into, and if there is validity to it, the complaint will be submitted to the proper court. After that, the defendant will be given a chance to respond.
- Over the coming months, there will be a discovery process. Each party has the chance to make written inquiries and ask for documents to be reviewed throughout the discovery process. There will also be depositions taken from the parties, witnesses, and experts. Prior to the trial, the attorneys for the parties would interrogate a party or witness while they are sworn in during a deposition. The deposition serves a number of functions, including determining what a party or witness will say at trial, gathering material not covered by written interrogatories, determining how the party or witness may be seen by the jury, and preserving the record for evidence delivered at trial. There may be settlement talks, which might take weeks or months.
- If a settlement cannot be reached, the matter will go to trial. The plaintiff will need to convince the judge or jury of several crucial facts in order to successfully establish responsibility. If the defendant owed the plaintiff a duty of care, whether or not the defendant broke that duty, whether or not the plaintiff sustained injuries, and whether or not the defendant’s breach of that duty was the direct cause of the plaintiff’s injuries, should all be included in this evidence.
- If the defendant is found to be liable, the judge or jury will next decide how much money damages should be given to the plaintiff. The precise legal claim, the accident’s circumstances, the victim’s injuries, their severity, and the applicable laws are only a few of the variables that will affect the number of personal injury damages. Compensation damages for personal injuries may include lost earnings, medical costs, pain and suffering, disability, and emotional anguish.
How to File a Personal Injury Lawsuit?
Hiring a personal injury attorney is advised as the initial step since the personal injury claims procedure in Illinois is sometimes complicated and difficult for an individual managing their case alone. In order to assist you in obtaining the most favorable conclusion possible, an expert lawyer can examine the finer points of your case and counsel you throughout the personal injury claims procedure.
One of the twenty-four Illinois circuit courts is where you can file a personal injury claim. The location of a lawsuit can have a big influence on several problems that may come up throughout your case, so you should speak with your lawyer about it in detail. Your claim must be filed in the county where the court has the right to hear it.
The insurance company or the defendant will receive a lien when you hire an attorney in a personal injury case. Your lawyer will compile your records and evidence of any additional harm, such as lost wages, after your medical treatment is complete, and submit them together with a monetary claim. The insurance provider may admit fault or dispute it. The type of your injuries will always be contested by them. The lawsuit is resolved if the parties are successful in reaching a settlement. A lawsuit must be launched if the parties are unable to come to an agreement on a settlement.
Remember, it’s always crucial to seek the guidance and help of an experienced personal injury lawyer. At Drake & Collopy, P.C., our personal injury lawyers are passionate about winning cases– and with millions recovered for personal injury Illinois victims, we have proven value in winning cases and getting our clients the personal injury settlement they need. If you’re in need of a personal injury attorney in Illinois, get in touch with our team at Drake & Collopy, P.C. by calling 312-262-4872, or by getting in touch with us through our website.
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Does A Personal Injury Lawsuit Have To Be Filed Within A Certain Amount Of Time?
Yes. In Illinois, you have two years from the accident to file a personal injury lawsuit, as per the state’s statute of limitations.
Work with an Experienced Personal Injury Attorney from Drake & Collopy, P.C.
At Drake & Collopy, P.C., we are aware of how crucial it is to have a personal injury attorney by your side while you navigate a personal injury Illinois case. Millions of dollars have been recovered for injury victims in Chicago with the aid of our legal team.
We have dedicated our professional lives to vigorously fighting for the rights of people who have suffered harm as a result of another’s carelessness. We are dedicated to pursuing justice on behalf of our clients because we are aware of the profound effects an accident or injury can have on a person’s life. Our team of personal injury lawyers is committed to getting the best outcomes and the biggest financial recovery for each of our clients.
With more than 50 years of combined experience and tens of millions of dollars recovered, our staff is experienced and knowledgeable.
If you’ve been injured due to the negligence of others, you don’t have to take on your case alone. If you’re ready to launch your suit and receive the damages that you deserve for your personal injury case, get in touch with the talented and passionate lawyers at Drake & Collopy, P.C. by calling (312) 345-0220 or contacting us through our website. We offer a free consultation to better understand your specific case and get to know you. Our team is ready to help!