Accidents happen across Illinois every day. If your accident involved injuries caused by another party’s negligence, you might have a personal injury claim. In addition, personal injury law allows you to file a civil action against the liable party.
If you are considering a personal injury lawsuit in Champaign, there are many aspects to consider. Below is complete information about personal injury lawsuits in Illinois. After reading this page, you can contact our Champaign personal injury lawyers at Malman Law for a complimentary consultation.
After you are injured by someone else, it is possible to negotiate a settlement with the insurance company. For example, if another driver hits you at a stop sign, you could deal with their insurance company and demand a fair settlement.
Most of us are not skilled in insurance negotiations. Talking to the insurance adjuster may be a mistake. You probably don’t know what your case is worth. If your injuries take months to heal, you could be short of cash!
Some reasons to hire a personal injury lawyer near you to represent you are:
No matter how intelligent you are, most non-legal professionals lack the skill to negotiate the best deal with the insurance company. Like all businesses, insurance companies are obsessed with profits, which means paying as little in claims as possible. If you face the insurance company alone, you will probably get shafted.
Having a skilled legal negotiator working for you usually means you will get a larger settlement. This could be critical to get you back on the road to perfect health.
Most insurance companies follow this rule to reduce what they pay injured parties. But, unfortunately, they like to delay negotiations unnecessarily to get you to either take less money or throw in the towel entirely.
When you bring in a heavy-hitting, aggressive attorney, the insurance company will not be able to get away with its delay tactics.
It is only natural that so many people are drawn to Chicago, but there are many other desirable cities in the state. People in Illinois try to stay safe, but accidents happen.
Some of the most common accidents that result in personal injury claims are:
Whatever type of personal injury claim, Illinois law requires you to prove four elements to show that someone is liable for your damages:
Some accidents may have shared liability, which often comes into play in Illinois accidents. This is a modified comparative negligence state. This means the court will see how much you were to blame for the accident that injured you.
You were rear-ended at a red light and suffered $10,000 in medical bills. But the light was green, and you were texting. So you are determined to be 20% at fault. Therefore, you would only receive $8,000 in damages.
If you are injured in Illinois by someone else, you only have a specific time to take legal action. The Illinois statute of limitations for personal injury claims is only two years. The statute of limitations clock usually starts at the moment of injury. But it also may not begin until you become aware of the damage.
You are allowed to receive certain damages for your injuries and losses in Illinois. They are:
Some states have caps on pain and suffering damages. However, the Illinois Supreme Court decided recently that such caps in this state are unconstitutional.
If you are in an auto accident, there are several things to do:
If you were hurt in an accident caused by someone else, you might be crippled with injuries and uncertainty about the future. The Champaign personal injury attorneys at Malman Law are ready to fight for your rights and fair compensation. Contact us today for a complimentary consultation.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.
No insurance company is looking out for you. They are looking out for their financial interests. They sound nice on the phone, but they are looking for a way to reduce or deny your claim.
Settling with the insurance company on your own usually means you took far less money than you should have. Let your attorney handle insurance negotiations.
A personal injury case is established by proving another party was negligent and caused your injuries. Unless a pre-existing condition affects your driving ability, it should not affect liability. However, some accidents worsen pre-existing conditions, so you may be entitled to more money.
It is not unusual for insurance companies to argue your injuries are because of a pre-existing condition. Skilled car accident lawyers know this tactic and will use their expertise to make the best case in your favor.
Most are paid by contingency agreement. This means they will be paid at the end of the case if they get you a settlement or favorable verdict. Therefore, you do not usually need to pay upfront legal fees in a personal injury lawsuit.
Personal injury cases happen when a person is hurt because of another person’s or entity’s negligence. The attorney is highly skilled and experienced in claims involving negligence and insurance settlement negotiations. Every injury case is unique, and your attorney has the skills to negotiate for the most money on your behalf.
Nothing is for sure until a qualified attorney reviews your case. Some factors that your attorney will review are:
All claims are different, depending on the circumstances and your injuries. Depending on many factors, you could be entitled to damages for pain and suffering, medical costs, and lost wages.
Your attorney will review your case early on and estimate what the case is worth. In addition, attorneys have access to settlement databases that give them an idea of your case value.