Personal injury claims in Chicago involve legal disputes in which one party sustains harm due to someone else’s negligent or intentional actions. State law in Illinois provides a framework for injured individuals to recover compensation, known as damages, for injuries suffered in accidents such as slip and falls, car accidents, wrongful death claims, and more. The damages available cover not only the medical treatment necessary after an accident, but other losses such as lost income, as well. Below, one of our Chicago personal injury lawyers explains more details about these claims.
Areas of Personal Injury Law
There are many different areas of personal injury law in Chicago, and throughout Illinois. These include:
- Auto accidents: Auto accidents account for the vast majority of personal injury claims in Chicago. Even a seemingly minor fender-bender can result in serious injuries. No two auto accidents are exactly alike. For example, a truck accident will result in injuries that are much more severe than a crash involving two passenger cars. Motorcyclists are also much more vulnerable when they are on the road and will become severely hurt in a crash.
- Medical malpractice: Medical malpractice occurs when a healthcare professional acts negligently and a patient becomes hurt because of it. These are some of the most complex personal injury cases, as they have additional rules and procedures.
- Pedestrian accidents: Without even a helmet to keep them safe when they are out walking, pedestrians are very vulnerable. When struck by any vehicle, they are likely to suffer some of the most serious injuries.
- Nursing home abuse: No one admits a loved one into a long-term care facility expecting them to become hurt while there. Sadly, nursing home abuse is more common in Chicago than people think. Nursing home residents are much frailer than other people and they do not often recognize when wrongdoing is happening. Our Chicago personal injury lawyer stands up for elderly individuals and their families and holds facilities accountable for abusive and negligent actions.
- Wrongful death: Accidents are sometimes so severe, victims do not survive them. In these instances, loved ones can file a wrongful death claim to recover damages for funeral and burial expenses, and other losses related to the death.
Our Chicago personal injury lawyers have a successful track record with all of the above types of claims.
Important Legal Concepts in Personal Injury Claims
There are many important legal concepts in personal injury claims. These are as follows:
- Negligence: Negligence is the foundation of personal injury claims. To prove negligence, you must establish that the defendant owed you a duty of care, they breached that duty and caused an accident, and you suffered damages as a result.
- Burden of proof: As an injured individual, you have the burden of proof to establish that someone else caused your injuries. You do not have to prove your case beyond a reasonable doubt, however. You must only prove your case by a preponderance of the evidence. This means you must show that it is more likely than not that the defendant caused your injuries.
- Comparative negligence: Under the modified comparative negligence law in Illinois, you can still claim damages if you contributed to the accident that caused your injuries. You must be less than 50 percent at fault to claim compensation. If you are 50 percent or more at fault, you are barred from claiming any compensation.
- Insurance limits: The majority of personal injury cases involve insurance claims. For example, if you are involved in a car crash, you will have to file a claim with the at-fault driver’s insurance company. Or, if you were hurt in a slip and fall accident on someone else’s property, you will have to file a claim with their insurance company. You can claim up to the limits on the insurance policy, but insurers are notoriously difficult to deal with.
- Statute of limitations: All personal injury claims in Chicago are governed by a statute of limitations, or time limit. In Illinois, this time limit is typically two years from the date of the accident. If you do not file within this time, you will be barred from receiving any compensation at all.
- Settlement or trial: The vast majority of personal injury claims in Chicago are settled during negotiations. This is one reason it is so essential to work with a Chicago personal injury lawyer who has the necessary negotiation experience. When defendants and insurers refuse to offer a fair settlement, though, you may have to go to trial to uphold your rights and obtain the full and fair compensation you deserve.
Damages Available in Personal Injury Claims
There are many different types of damages available in personal injury cases. The most common types are classified as either economic or non-economic damages. Economic damages have a concrete dollar value and so, they are easier to calculate. Medical expenses, lost income, and the cost to repair or replace property are some of the most common types of economic damages.
Non-economic damages do not have a quantifiable dollar value and so, they are more difficult to calculate. Pain and suffering, emotional distress, and loss of companionship are a few of the most common types of non-economic damages. Our Chicago personal injury lawyers know how to accurately value your claim and calculate these damages so you obtain the full and fair settlement you deserve.
Call Our Personal Injury Lawyers in Chicago Today
After an accident caused by someone else, you deserve compensation for your injuries and other losses. Personal injury claims, though, are about more than just pursuing damages. They are also meant to hold negligent parties accountable for their actions and deter them from acting in a similar manner in the future. At Kennedy Watkins, LLC, our Chicago personal injury lawyers are committed to standing up for your rights, and standing with you throughout the entire process. Call us today at (312) 448-8181 or fill out our online form to schedule a free review of your case and to get the legal help you need.