If you’ve been hurt in an accident that was someone else’s fault, you may have to hire a Chicago personal injury lawyer to help negotiate a settlement with the responsible party and/or their insurance company. If settlement negotiations are unsuccessful, your attorney can file a personal injury lawsuit in Illinois civil court and try your case in front of a judge or jury.
Common Types of Personal Injury Law
Personal injury is the phrase used to describe incidents where an individual is hurt as a result of the intentional, reckless or negligent actions of another person or of an organization, such as a company or government entity. Personal injury includes:
- Construction accidents
- Motor vehicle accidents, including car crashes, motorcycle accidents, truck accidents and boating accidents
- Nursing home neglect and abuse
- Animal bites, including dog bites in particular
- Slip-and-fall and trip-and-fall accidents
- Medical malpractice
- Birth injuries
- Injuries and accidents caused by defective or dangerous products
Winning an Illinois Personal Injury Lawsuit
If your Illinois personal injury lawyer can’t negotiate a settlement with the responsible party, you will have to file a lawsuit against the individual. Under Illinois personal injury law, you have two years from the date of your injury or accident to file a lawsuit. (This time limit is called the statute of limitations.) However, if you’re suing local or state government, you must file your claim within one year. Because it can take time for your attorney to learn about your case and attempt to negotiate an out-of-court settlement, you should hire a personal injury lawyer as soon as possible after your accident. If you wait too long to file your claim, your case may be thrown out of court.
To win your lawsuit, your Chicago personal injury attorney must prove three things:
- The party you’re suing (known as the defendant) had a legal obligation to avoid hurting you
- The defendant failed in that obligation and you were injured as a result
- You suffered damages, or financial losses, as a result of your injuries
Damages can compensate you for a variety of losses. For example, it would pay for your past, current and future accident-related medical expenses. These include not only hospital and doctors’ bills, but also prescription medicine, crutches or a wheelchair, and the cost of traveling to and from medical appointments. If personal property — such as clothing or your motor vehicle — were damaged in the accident, it would also pay for those to be repaired or replaced.
