When someone else’s actions cause you to sustain an injury, you may wonder, “What makes a personal injury case worthwhile?” A personal injury case in Naperville is worthwhile if you can establish clear liability of the other person or entity for your injuries, you sustained injuries and damages, and there’s enough insurance to cover your damages. Understanding these factors better helps you assess the value of your claim and whether it’s worth pursuing. Personal injury lawyers can evaluate the details of your case to give a more accurate assessment.
Call Chute, O’Malley, Knobloch, and Turcy personal injury lawyers at 312-775-0042 for a free case assessment.
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What Is the Legal Framework in Illinois for Personal Injury Cases?
Illinois personal injury laws give you the right to seek compensation when you suffer harm due to someone else’s actions. A variety of scenarios gives rise to personal injury cases, including motor vehicle crashes, slip and fall accidents, medical malpractice, dog bites, and defective products.
What Must You Prove in a Personal Injury Case?
Generally, injured victims have to demonstrate that their injuries resulted from another party’s negligence to recover compensation successfully. To prove negligence, you must prove that:
- The defendant owed a duty of care to you
- The defendant breached that duty
- The breach caused your injuries
- You suffered actual damages as a result
Modified Comparative Negligence
Illinois follows a modified comparative negligence system. Under this system, your negligence in the incident that caused your injury is compared to that of the other party. Provided you’re less than 50% responsible for your injury, you’ll be eligible to receive compensation, but the compensation will be reduced based on your percentage of fault. If you’re found to be 10% responsible for your incident, your damages will be reduced by 10%, and you’ll receive 90% of the total compensation amount.
Statute of Limitations
You must also comply with the Illinois statute of limitations, which is the deadline for filing your personal injury lawsuit. The statute of limitations for most personal injury cases in Illinois is two years from the date of the injury or discovery of the injury. Certain conditions can extend or shorten this timeframe. Critical evidence can also be harder to get as time passes. Therefore, acting quickly is crucial to avoid losing your right to pursue compensation.
Right to Legal Representation
Navigating the personal injury claim process while recovering from your injury can be a large task. You have the right to be represented by a personal injury lawyer throughout the claim process. A lawyer will use his or her in-depth knowledge of state law to help you compile a solid personal injury claim, advocate for your rights, and manage the complexities of your case to enhance your chances of a successful outcome.
Types of Damages
Personal injury victims in Illinois can collect the following types of damages:
Economic Damages
These cover your tangible losses. They can be proven and calculated using documentation, such as bills, receipts, and financial records like pay stubs. These damages include:
Medical Expenses
Medical expenses are a sizeable component of damages. They include all medical costs related to your injuries, including personal injury medical bills, rehabilitation expenses, medication costs, and costs of medical devices required to aid your recovery. It’s critical to also account for future medical expenses if you’ve suffered a long-term injury.
Lost Wages
These damages reimburse you for the income you lost while you couldn’t work during your recovery period. If your injury causes a long-term or permanent disability that affects your ability to work, you may be entitled to additional compensation for the loss of your future earning capacity due to the impairment.
Non-Economic Damages
Non-economic damages in personal injury cases compensate you for the non-monetary losses stemming from your injuries. They include:
Pain and Suffering
Pain and suffering damages compensate you for the physical pain and discomfort you endured because of your injuries.
Emotional Distress
Emotional distress covers the negative emotions you’ve had due to your injuries, such as anxiety, depression, and sleep disturbances.
Disfigurement
You may be entitled to compensation for disfigurement if your injury changes your appearance, such as losing a limb, visible scars, or skin discoloration.
Loss of Consortium
These damages can be paid to a family member to compensate him or her for the impact your injury has had on your relationship with the person, such as the loss of affection, support, services, companionship, or sexual intimacy.
Punitive Damages
Punitive damages are not commonly awarded. These may be awarded in cases involving intentionally harmful acts or extreme negligence. They’re imposed to punish the responsible party and deter similar behavior in the future.
Factors That Make a Personal Injury Case Worthwhile in Naperville
Several factors play a role in determining whether you have a worthwhile personal injury case in Naperville.
Liability of Involved Parties
You’ll have a solid case if you can demonstrate the other party’s clear liability for your accident and injuries. That requires gathering compelling evidence, such as:
- Police or incident reports
- Eyewitness accounts
- Hospital bills
- Medical records
- Photographs
- Videos
Your case is weakened if there’s no clarity on who’s liable or solid evidence of the responsible party’s fault. A personal injury attorney can help you obtain and preserve critical evidence for your case.
Whether you played a role in causing your accident and injuries also influences the value of your personal injury case. Remember, Illinois law allows you to collect damages even if you’re partially at fault for your injuries. Your percentage of fault may lower your overall personal injury case value. If your percentage of fault is minimal, you could still secure worthwhile compensation. If you’re mostly to blame for your injuries or your negligence exceeds that of the other parties, you may not have a viable case.
It’s critical to ensure your contribution to your accident and injuries is fairly assessed. Your personal injury attorney will work hard to minimize your percentage of fault, as that will maximize your compensation.
Nature and Severity of Injuries
The viability of a personal injury case depends on the nature and extent of injuries suffered and the resulting damages. Generally, cases involving more severe injuries are usually more worthwhile and economical to pursue because such injuries have a higher financial and emotional impact on a victim’s life than minor injuries that heal successfully within a short period. The damages you’re entitled to are influenced by the type and severity of your injuries. For instance, medical expenses, lost wages, and pain and suffering tend to increase with the severity of an injury.
Even if your injuries don’t appear to be serious immediately after an incident in Naperville, it’s still recommended to seek treatment and consult a personal injury attorney about your case. You may still have a strong personal injury claim because some injuries appear later or become more severe over time.
The Available Insurance Coverage
A personal injury case can only be successful if there’s a means of recovery. Most personal injury cases are settled out of court through insurance. Settlement amounts for injuries are often limited by the at-fault party’s amount of insurance coverage. Insurance companies pay up to the policy limits. A personal injury case may not be worthwhile to you if there’s little or no insurance coverage.
If the at-fault party has little or no insurance to compensate you adequately for your losses, you can sue the defendant to recover the rest directly. In such instances, a personal injury lawyer can help make the case worthwhile by exploring all avenues available for collecting compensation. With the help of a lawyer, you can determine whether the at-fault party has substantial collectible assets and identify other liable parties, such as an employer, product manufacturer, or government entity. In a car accident case, you can recover from your own auto insurer through your underinsured or uninsured motorist coverage.
Regardless of the merits of your personal injury claim and the extent of insurance available, insurance companies will be looking to serve their own interests by paying the lowest possible settlement or not paying anything. These companies have adjusters who work to minimize their payouts.
Insurance adjusters may downplay your injuries, try to blame you for them, or even get you to admit fault so that they can later use that against you. Talking to insurance company representatives can jeopardize your ability to recover compensation. One of the most important personal injury tips is to avoid engaging with them before seeking legal advice. When choosing the best personal injury lawyer, consider how much experience the lawyer has in personal injury cases and the settlements he or she has secured for clients.
At Chute, O’Malley, Knobloch, and Turcy, LLC, our Naperville personal injury lawyers are ready to go over the details of your case and guide you on the next steps to take. We provide individualized attention and personalized legal services tailored to your situation. Contact us to schedule a free consultation and case evaluation.