Injury can change your life in ways you cannot imagine. Your medical bills pile up, it becomes impossible to work, and the insurance companies call for an unverified settlement. The legal system adds another layer of stress with deadlines and complex paperwork.
Without the right help, valuable compensation can slip away. Illinois law provides an avenue for injured individuals to recover damages due to medical expenses, lost income, and emotional distress. Alternatively, speaking to Ron Wittmeyer of The Law Offices of R.F. Wittmeyer, LTD can also prove to be very helpful.
To help you understand your rights and options, this article breaks down key aspects of a personal injury claim.
Common Injuries in Personal Injury Cases
Accidents can cause minor bruises to life-changing conditions. While broken bones, burns, and lacerations heal over time in most cases, other injuries result in long-term complications.
Perhaps the severity of these cases involves damage to the spinal cord, traumatic brain injury, or internal organ damage. These conditions affect mobility, cognitive function, and long-term health. Getting the help of expert lawyers can streamline the process of fighting for your rights.
Apart from physical injuries, accident victims can also suffer from emotional and mental distress. Anxiety, depression, and PTSD occur after serious accidents, affecting everyday life and relationships.
Proving Negligence in a Personal Injury Case
To hold someone liable for an injury, one must prove negligence. Illinois follows a modified comparative fault rule; this means victims can recover damages if they are less than 51 percent at fault.
Establishing negligence involves four critical elements: duty, breach, causation, and damages. The liable party must have owed a duty of care, failed to meet that obligation, caused harm, and led to measurable losses.
Illinois courts base their argument on accident reports, medical records, and witness statements to determine liability. Most insurance companies want to avoid paying large sums, so they deny liability or minimize injuries.
Who’s Responsible for Defective Products?
Some of the most serious injuries come from defective or dangerous products. Illinois law holds manufacturers, distributors, and retailers responsible when a product causes harm due to design flaws, manufacturing defects, or inadequate warnings.
Many of these cases are based on the theory of strict liability, which relieves the victim of proving negligence in many instances. If the product was used as intended and someone gets injured, then the manufacturer is liable. This legal standard makes it easier for injured consumers to seek compensation.
However, product liability claims are also commonly aggressively defended by manufacturers and their insurance carriers. It might be argued that the product met safety standards, or that misuse caused the injury.
Filing a Personal Injury Claim After a Car Accident
If your personal injury claim involves a car accident, then you may be entitled to compensation for medical expenses, lost wages, and vehicle damage. Working with a local attorney will help ensure that your claim is not undervalued by insurance companies.
A car accident attorney investigates fault by collecting police reports, traffic camera footage, and witness statements. Illinois operates under a modified comparative fault rule, wherein any percentage of blame assigned to you reduces the payout accordingly.
It is also critical to file your case before the statute of limitations expires. In Illinois, injured persons in car accidents have up to two years from the accident date to file a personal injury lawsuit.
Finding the Best Attorney for Your Case
Winning or losing your claim depends on the attorney you choose. You want a personal injury lawyer. Their success rate matters, as it reflects their ability to handle complex cases and achieve successful outcomes.
But credentials are not everything. Communication is important. Your attorney must keep you informed at all times and translate legal language and processes into plain language.
And then there is the real-world consideration: the price. Most Illinois personal injury law firms work on a contingency fee, so they do not get paid unless you win your case. This payment plan makes high-quality legal representation more affordable when finances are tight.
