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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.

Do I Need A Champaign Personal Injury Lawyer?

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:

Levels The Ball Field

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.

Avoiding ‘Delay, Deny, And Defend’

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.

Personal Injury Risks in Illinois

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:

  1. Car accidents: Auto accidents are the country’s top cause of personal injury claims. Each day, thousands of people are injured in auto accidents because of negligent driving, poor weather, distracted driving, speeding, and more. These accidents involve motorcycles, tractor-trailers, pedestrians, bikers, and more.
  2. Construction accidents: The construction industry is dangerous for both workers and consumers. Many workers in construction areas suffer injuries from bad equipment, workplace safety problems, and lack of proper training.
  3. Slip and fall accidents: Also called premises liability cases, happen when someone is injured at another person’s residence or business.
  4. Medical malpractice: We all like to think doctors always make the right choices, but sometimes they don’t. Your doctor could misdiagnose, miss a diagnosis, or make another medical mistake.
  5. Dog bites: The CDC estimates that at least 4.7 million dog bites are in America annually. Some dog bites are minor, but others can cause severe injury and pain.
  6. Nursing Home Abuse: Illinois is the state with the most nursing home abuse cases in the United States. With over 100,000 residents living in nursing homes in the state, multiple factors can lead to abuse and negligence.
  7. Truck Accidents: Even though the percentage of accidents involving semi-trucks in Illinois is small, these accidents can lead to severe injuries.
  8. Wrongful death: If the death of your loved one was caused by someone else’s negligence, you may be entitled to compensation for the loss and damages that come with it.

Whatever type of personal injury claim, Illinois law requires you to prove four elements to show that someone is liable for your damages:

  • The other party owed you a duty of care. For example, a driver who rear-ends you at a stop light owed you a duty of care not to hit you when you were stopped.
  • The other party breached their duty of care when they did not stop.
  • The breach of duty of care caused your injuries, such as a sprained back, neck, and head trauma.
  • Your injuries are damages for which you can receive financial compensation.

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.

The Statute of Limitations in Illinois

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.

Recovering Damages in a Champaign Personal Injury Claim

You are allowed to receive certain damages for your injuries and losses in Illinois. They are:

  • Economic damages include medical bills, lost earnings, and various out-of-pocket costs.
  • Non-economic damages include damages that do not have a specific number, such as pain and suffering.

Some states have caps on pain and suffering damages. However, the Illinois Supreme Court decided recently that such caps in this state are unconstitutional.

What to Do After an Incident and Injuries in Champaign, IL.?

If you are in an auto accident, there are several things to do:

  • Call 911: You should always call first responders immediately to see if anyone is hurt.
  • Talk to the police: When they arrive, give them your versions of events but don’t say anything you are unsure of. You should never admit fault in any case. Anything you say can be used against you later.
  • Collect evidence: Before departing the scene, you can help your attorney by taking pictures of the vehicles and accident scene. Also, take up-close photos of injuries and the overall crash scene.
  • Get medical attention: You should always seek medical attention right away. Even an insurance company will check if you seek immediate medical attention. If you do not, you could have your case denied by the insurer.
  • Talk to your insurance company: You should talk to your insurance company to report the accident. However, you shouldn’t speak to the other driver’s insurer without your attorney.
  • Hire a personal injury attorney: Any case that involves substantial damages and injuries should be reviewed by the best personal injury attorney near you.

Injured? Contact A Champaign Personal Injury Lawyer Today

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.

 

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FAQs

Why should I pay the lawyer if the insurance company offers me a settlement?

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.

What if I have a pre-existing condition?

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.

How is a car accident lawyer paid?

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.

What does a Champaign personal injury lawyer do for me?

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.

Do I have a personal injury claim?

Nothing is for sure until a qualified attorney reviews your case. Some factors that your attorney will review are:

  • Who was more at fault for the accident?
  • How bad are your injuries?
  • Did you lose work time?
  • Did you lose your ability to earn a living?

How much is my injury claim worth in Champaign, Il.?

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.