If you’ve been injured in an accident in Chicago, you may be entitled to compensation for your losses, especially if another party is at fault. The way to pursue this compensation is by filing a personal injury claim against the responsible party.
However, navigating the claims process and securing the compensation you deserve can be complex. To help you understand how personal injury claims work in Chicago, we’ve provided answers to some of the most frequently asked questions.
What Should I Do After an Accident in Chicago, Illinois?
Accidents are scary and traumatic events. Many people are in shock or overwhelmed after an accident. Knowing what to do after an accident can help to keep you safe, improve your long-term prognosis, and help you get the most out of your personal injury claim.
Here’s a checklist of what to do after a Chicago accident:
- Get the medical attention you need: Your priority after an accident is making sure everyone involved gets the medical care they need. If you need immediate care, call 9-1-1. If you don’t need immediate attention, visit an urgent care center or your primary care physician as soon as possible after leaving the accident scene. Getting prompt medical care will improve your long-term prognosis and provide important documentation to support your personal injury case.
- Report the accident: If you’re in a car accident, report it to law enforcement. If your accident is on a business’s property, file an accident report. It’s important to officially file an accident report or incident report as soon as possible after an accident.
- Do not apologize or take responsibility for the accident: These statements can hurt your personal injury claim.
- Take pictures or videos of the accident: Before the area is cleared or cleaned up, get as much documentation as possible.
- Get contact information: Get the contact information of everyone involved and anyone who witnessed the accident.
- Contact a Chicago personal injury lawyer: A Chicago personal injury lawyer can discuss your rights and the steps you should take to successfully bring a personal injury claim.
Taking the right steps after an accident in Chicago is crucial for both your recovery and the success of your personal injury claim.
How Can a Personal Injury Lawyer Help After a Chicago Accident?
If another party caused your accident, they could be liable for all of your damages incurred because of the accident. To hold someone liable for their damages, you can file a personal injury claim against them.
Personal injury cases are based on a legal theory of negligence. To successfully bring a negligence case, you have to show that:
- The at-fault party, or defendant, owed you a duty of care.
- The defendant breached that duty of care.
- The defendant’s breach was the direct and proximate cause of your injury.
- You suffered injuries or losses.
To help you win a personal injury case, your attorney can:
- Investigate your accident to determine all parties at fault
- Gather evidence to support your claim
- Calculate damages
- Work with experts to support your damages claim
- File a claim with the at-fault party’s insurance company
- Negotiate with the insurance company to get a fair settlement
- File a personal injury lawsuit against the at-fault party
- Represent you in court
- Handle all administrative tasks and comply with all deadlines
- Communicate with you about the status of your case
A personal injury lawyer can be an invaluable asset after a Chicago accident, helping you navigate the complexities of your case, build a strong claim, and ensure you receive the compensation you deserve for your injuries and losses.
What Damages Are Awarded in Illinois Personal Injury Cases?
Illinois accident victims can recover damages to compensate them for all losses from an accident. This includes economic damages and non-economic damages.
Economic damages reimburse victims for tangible losses after an accident. Examples of economic damages are:
- Medical expenses
- Future medical expenses
- Lost income
- Lost earning capacity
- Property damage
- Physical therapy, occupational therapy, and rehabilitative care expenses
Non-economic damages compensate victims for more abstract losses after an accident. Examples of non-economic damages are:
- Pain and suffering
- Emotional distress and emotional anguish
- Decreased quality of life
- Loss of consortium
- Scarring and disfigurement
Calculating damages can be a complicated process. An experienced personal injury lawyer will calculate and document all damages to ensure you get the compensation you deserve. When necessary, your lawyer will work with an expert witness to calculate future expenses.
Can I Recover Damages if I’m Partly at Fault for the Accident?
Illinois follows an approach of modified comparative negligence. Under this theory, accident victims can recover damages as long as they’re not more than 50% at fault for an accident. When the injured party is partly at fault for the accident, their damages will be reduced by the percentage of their fault.
For example, if you’re 15% at fault for an accident and receive an award of $100,000, you’d only be entitled to recover $85,000 in damages. In that same example, if you’re found to be 60% at fault for an accident, you’re not entitled to recover anything.
The responsible party often argues that there is contributory negligence to reduce the damages claim. A personal injury lawyer will defend you against these attacks and ensure the at-fault party is held responsible.
How Long Do I Have to File a Personal Injury Claim in Illinois?
The statute of limitations for personal injury claims in Illinois is two years. In most cases, this means that accident victims have two years from the date of their injury to file a claim against the responsible party.
If the statute of limitations has expired, the court will dismiss the case, and the accident victim will have no right to recover. To protect your rights, it’s vital to pay attention to the statute of limitations and file all claims before it expires.
Contact a Chicago Personal Injury Lawyer
If you’ve been injured in a Chicago, Illinois, accident, Attorneys of Chicago Personal Injury Lawyers can help. Contact us at (872) 324-4375, schedule online, or visit our Chicago personal injury office to schedule your free case evaluation with a Chicago personal injury lawyer. In this initial meeting, we’ll evaluate your case, discuss your rights, and create a plan to get the money you deserve.
