If you have been injured in an accident, you may have questions about your legal rights and what to do next.
Below are answers to some common questions about personal injury law in Illinois. Our Peoria personal injury lawyers at Joel E. Brown, P.C. answer:
What Is Personal Injury Law?
Personal injury law is an area of civil law that deals with cases involving torts or wrongful acts that cause harm to another person. There are three broad types of tort claims that can be brought under Illinois personal injury law:
- Negligent tort: Harm caused by someone else’s negligence, which means careless or reckless behavior
- Intentional tort: Harm caused by someone’s intentional actions, such as assault and battery
- Strict liability tort: Cases in which someone can be held responsible for harm even if they were not careless or causing intentional harm
If another person or company is responsible for your injury, personal injury law allows you to hold them liable for the damages you have suffered.
What Is Negligence?
Negligence happens when someone fails to act with reasonable care, causing harm to another person. To prove negligence in a personal injury case, you must show:
- The other party owed you a duty of care
- They failed to meet that duty
- Their failure caused your injury
- You suffered damages because of the injury
An example of negligence is distracted driving, which causes a crash. In a premises liability case, negligence can include inadequate security or lighting that allows crime to happen or failure to warn about or fix dangerous conditions.
What Is Strict Liability?
Strict liability means a person or company can be held responsible for an injury even if they did not act negligently. This typically applies to defective products or dangerous animals. For example, if a defective product causes harm, the manufacturer may be liable even if they didn’t intend to cause harm.
What Are Common Types of Personal Injury Cases?
Personal injury cases cover a wide range of accidents and wrongful acts, including:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Workplace accidents when someone other than the employer is at fault
- Dog bites
- Wrongful death claims based on any type of tort
If you have been injured and you believe someone else was at fault, you may have a case.
How Much Does It Cost To Hire a Peoria Personal Injury Lawyer?
Most personal injury lawyers accept cases on a contingency basis. A contingency fee agreement means you do not pay anything upfront for legal representation. Instead, the attorney’s fees are only paid if your case is successful, and they are paid out as a percentage of your settlement or award.
How Long Do I Have to File a Personal Injury Lawsuit in Illinois?
In Illinois, the statute of limitations for most personal injury cases is two years from the date of the injury. If you don’t file a lawsuit within this time, you may lose your right to seek compensation. However, there are some exceptions that may extend the deadline, such as:
- Injuries involving minors: The clock may not start until the child turns 18.
- Defendant’s absence: If the at-fault party leaves Illinois, the deadline may be paused until they return.
- Discovery rule: If you didn’t realize you were injured right away, the deadline might begin from the date you discovered the injury. This usually applies to medical malpractice and product liability cases.
It’s important to speak with an attorney as soon as possible to avoid missing your deadline.
What Kind of Damages Can I Recover?
Injured plaintiffs can pursue compensation for many types of damages in a personal injury claim. Compensatory damages, also called actual damages, are intended to make you as whole as possible after an accident. There are two types.
Economic damages are tangible losses with a financial value. For example:
- Medical expenses, both current and future
- Therapy and rehabilitation costs
- Lost earnings
- Lost or reduced earning capacity
- Property damage
- Out-of-pocket expenses that are reasonable and necessary
Non-economic damages are intangible, personal losses with no financial value. This includes:
- Physical pain
- Mental and emotional anguish and distress
- Reduced enjoyment of life
- Loss of consortium, damages spouses may claim for loss of services, assistance with raising children, sexual relations, companionship, and affection
.Very few cases go to trial. If your case does, you may be awarded punitive damages in certain cases. These damages punish a defendant’s intentional or willful and wanton behavior.
How Much Is My Personal Injury Case Worth?
Every personal injury case is different. The value of your claim depends on several factors, such as:
- The type of injuries you suffered, the severity, and the treatment you needed
- Your recovery and prognosis
- How your daily life is affected
- Whether you can return to your job or perform any work
- Your age and overall health before your accident
- The circumstances of the incident
- Whether you share any blame
- Coverage limits on insurance policies to pay for your damages
Keep in mind there is no easy way to calculate your damages without an in-depth review of your case. Calculating the value of your case may require experts such as medical and vocational experts. An experienced personal injury lawyer can help evaluate your case and provide an estimate of what you might recover.
What if I’m Partially at Fault for an Accident?
You may still be entitled to damages even if you share some fault under the modified comparative negligence statute in Illinois. The state uses a modified comparative negligence system to assign a percentage of fault to each party. If you are 50% or less at fault, you can recover money, but your award will be reduced in proportion to your assigned fault.
For example, if you are found to be 30% responsible for the accident and your damages total $100,000, you can only recover $70,000 (70% of the total). However, if you are 51% or more at fault, you cannot recover any compensation.
How Long Will My Personal Injury Case Take?
The length of a personal injury case can vary depending on several factors, such as:
- The complexity of the case
- The strength of evidence proving liability
- The severity of your injuries and how long it takes to reach maximum medical improvement (MMI)
- Whether the case settles out of court or goes to trial
- How cooperative the insurance company is
Some cases settle within a few months, while others may take one or several years if they go to trial. It’s not easy to specify a timeframe for your case. Your lawyer can give you a general idea based on the details of your situation and past experience.
Contact a Personal Injury Attorney For Help
If you have more questions or are ready to discuss your case, contact Joel E. Brown, P.C., to schedule a free consultation at (309) 673-4357. Our team has 30 years of experience representing Peoria injury victims and their families. A Peoria personal injury attorney can meet with you to help you understand your rights and explore your legal options.
