WE'RE WITH YOU

The statute of limitations, or time limit, on personal injury claims in Illinois is generally two years from the date of injury. For claims against local governmental entities, such as the State of Illinois, City of Chicago, or the Chicago Transit Authority, the statute of limitations may be as short as one year from the date of injury. If you do not file within this time, you will likely forfeit your right to obtain any compensation at all.

Illinois follows a modified model of comparative negligence. This means that accident victims can still file a claim if they contributed to the accident, but the victim’s share of fault must be less than 50 percent. Any damages the victim is awarded are then reduced by their same percentage of fault.

Yes. In general, insurers are only responsible for paying damages up to the limit of the insurance policy. For example, the minimum auto insurance requirements in Illinois are $25,000 for the injury or death of one person in a crash, and $50,000 for the injury or death of more than one person in a crash. Most people do not purchase more than the required amounts and so, insurance companies are only obligated to pay up to these amounts. However, if you have higher limits of coverage than the at-fault motorist, our attorneys will be able to bring an underinsured motorist claim.

Yes. You can obtain compensation for your past, current, and future medical treatments. To obtain damages for future medical treatments, you must reach maximum medical improvement (MMI). This means your injuries will not become worse, but they also will not become any better. Once you have reached MMI, your doctor can advise on your prognosis and any future medical treatment you may need so you can include these losses in your claim.

A loss of consortium refers to the loss of a familial relationship due to injuries or death. This happens when the joys of affection, companionship, comfort, love, or sexual intimacy are lost after an accident. Spouses, children, and other family members claim loss of consortium and while tied to the same accident, they are separate from the victim’s claim.

You can still claim damages for an accident even if you have a pre-existing condition. As long as the accident exacerbated the condition, or made it worse, you can file a claim for compensation.

Non-economic damages are losses that do not have a concrete dollar value. These damages include pain, emotional anguish, repetitional damage, humiliation, and loss of enjoyment of activities. Pain and suffering damages can be calculated by multiplying the total economic damages. Or, a certain number may be assigned on the level of pain felt every day. That number is then multiplied by the number of days it will take you to recover to determine total damages for pain and suffering.