Personal injury law in Illinois allows victims who are hurt because of someone else’s negligence or wrongful actions to recover compensation for their losses. These laws protect individuals from financial hardship caused by another party’s careless or intentional conduct.
Suffering injury due to the actions of another can lead to mounting medical bills, lost wages, and other expenses that can wreak havoc on your finances. You shouldn’t have to face these burdens alone. This is where an attorney experienced in personal injury law can help you. A personal injury attorney has the resources and skills necessary to ensure you get compensation that accurately reflects your injuries and losses.
At Chute, O’Malley, Knobloch & Turcy, LLC, we believe injury victims in Naperville have a right to fair and full compensation for their injuries. From slip and falls to car accidents and more, we’re here to help. Call our law firm at 312-775-0042 and let’s get started with your recovery.
Can I Sue for Personal Injury Damages in Naperville?
You can sue for personal injury damages if you suffered harm due to the negligent or intentional actions of another person, company, institution, or government agency. Achieving a successful lawsuit in Naperville requires you to prove another person’s actions caused your injuries, and that you suffered measurable losses due to the negligent party’s actions. You must show:
- The defendant owed you a duty of care.
- The defendant breached that duty.
- That breach caused your injuries.
- You suffered damages as a result.
Evidence such as photos, videos, witness statements, and medical documentation helps prove these elements.
Common Types of Personal Injury Cases in Illinois
Illinois recognizes several categories of personal injury claims, each governed by its own laws and procedures. The most common are:
- Negligence
- Comparative negligence
- Wrongful death
- Medical malpractice
- Worker’s compensation
Negligence
The most common type of personal injury claim involves negligence. You must prove the other party failed to act with reasonable care and that this failure caused your injury.
Comparative Negligence
Under Illinois’ modified comparative negligence rule, you can recover damages as long as you were less than 50% at fault for the accident. If you’re found 50% or more at fault, you can’t recover compensation.
Wrongful Death
Wrongful death claims are filed by the personal representative of a deceased person’s estate when the death was caused by negligence or wrongful conduct, such as a motor vehicle crash, unsafe workplace, or criminal act.
Medical Malpractice
Medical malpractice occurs when a healthcare provider causes harm through negligent treatment. Illinois caps noneconomic damages (such as pain and suffering) in certain medical cases.
Workers’ Compensation
Illinois operates a no-fault workers’ compensation system, which provides benefits to employees injured on the job without requiring proof of fault. However, claims must be reported within 45 days of the injury.
Statute of Limitations for Personal Injury Lawsuits
Illinois has a statute of limitations that indicates the legally acceptable amount of time once an injury takes place in which a plaintiff is able to take legal action against a defendant. The statute of limitations varies depending upon the case type:
- General personal injury: 2 years
- Medical malpractice: 2 years
- Wrongful death: 1 year
- Property damage: 5 years
- Written contracts: 10 years
- Oral contracts: 5 years
Compensatory Vs. Punitive Damages in Personal Injury Law
Compensatory damages (also referred to as “actual damages”) are earnings for explicit trauma endured, including personal and monetary. These damages are used to recover lost work and earnings, medical costs, as well as pain and suffering. It is vital to keep detailed records of medical bills and time taken off work in order to accurately determine your compensatory damages.
Punitive damages are used as a consequence to discourage the defendant from engaging in improper behaviors again in the future. It is determined by the court whether you are owed punitive damages, and in what amount.
Illinois law specifies that punitive damages are only allowed to be distributed if compensatory damages are granted, too. In order to receive punitive damages, you must prove that the defendant’s negligence was performed with bad intent or carelessly aloof to your well-being and rights. The state of Illinois allows punitive damages of up to three times the value of your compensatory damages. You may be entitled to even more compensation surpassing that limit if the defendant’s negligence was criminal, and they are penalized with incarceration.
Recovering from an injury is difficult enough without having to navigate Illinois’ complex legal system. The attorneys at Chute, O’Malley, Knobloch & Turcy have the experience and compassion needed to successfully pursue your personal injury lawsuit.
Call Chute, O’Malley, Knobloch & Turcy today at 312-775-0042 to speak with an attorney about your Illinois personal injury case.
Personal Injury Law FAQs
Will My Personal Injury Case Go to Trial?
Whether your personal injury case goes to trial depends entirely on the circumstances of your case. If the insurance company cooperates, and a fair compromise can be reached, there is no need to go to trial. However, in the event the insurance company fails to offer you a fair settlement, your attorney may decide that escalating your case to trial is the best option for you.
How Much Is My Case Worth?
No personal injury lawyer can guarantee how much you’ll recover if your case is successful. That said, we can review your medical bills, lost wages, and other losses your family has suffered, and the future impact of your injuries, to estimate how much your case is worth.
Do I Need to Hire a Lawyer?
The insurance company has lawyers, and you should too. Our job is to even the playing field. We make sure your story gets told, your losses are recognized, and you’re not pressured into settling for less than you deserve. We’ll walk you through every step, explain your options in plain English, and fight to get you paid what’s fair.
