Chicago is known for a lot ─ everything from the scenic views along Lake Shore Drive to deep-dish pizza to Da Bears and Wrigley Field. The Windy City is also known for being the home of many hard-working people trying to make ends meet and provide for themselves and their loved ones.
Even though Chicago has a lot to offer, it doesn’t make residents immune from accidents. When you’ve been hurt as the result of someone else’s negligence, the impact can take a toll on you physically, emotionally, and financially.
That’s when you need a qualified, experienced Chicago personal injury lawyer in your corner because navigating an injury’s legal and medical aftermath can be confusing and overwhelming.
If you or someone close to you has been injured or developed an illness due to someone else’s actions or negligence, seeking legal help may be essential. A personal injury attorney in Chicago, IL, can help you understand your rights, pursue maximum compensation, and focus on recovery while handling the legal side of things.
What Is Personal Injury Law?
Personal injury law covers legal disputes stemming from harm suffered from an accident or injury that another party might be legally responsible for. Personal injury law aims to make the injured party “whole” again, typically through financial compensation for their losses.
This area of law encompasses car accidents, slip and fall accidents, workplace injuries, medical malpractice, and product liability. Illnesses due to toxic exposure, like mesothelioma, are considered personal injuries as well.
In Chicago, personal injury claims can arise from incidents on highways like I-90, on icy sidewalks downtown, in apartment buildings, or even in medical facilities. Regardless of where the injury happens, a claim might be possible if negligence was involved.
The Role of a Personal Injury Lawyer in Chicago
A personal injury lawyer will do more than just file paperwork for you. These attorneys act as advocates, investigators, negotiators, and litigators. They start by evaluating your case to determine if you have a valid claim. Then, they collect evidence, speak with witnesses, obtain police reports and medical records, and calculate damages.
In mesothelioma cases, records of employment history may be vital as well.
If the case doesn’t settle, they prepare for trial. In court, your attorney will argue your case, present evidence, and work to convince the court that the other party is responsible for your injuries and losses.
While many personal injury cases settle out of court, working with a lawyer with trial experience can provide you with a significant advantage.
Common Types of Personal Injury Cases in Chicago
Chicago sees many types of personal injury cases. Some of the most common include:
- Car accidents: Chicago’s heavy traffic often leads to crashes. Whether caused by distracted driving, speeding, or impaired driving, victims may have a claim.
- Slip and falls: With its long winters, Chicago presents slip and fall hazards from ice-coated sidewalks and unrepaired walkways.
- Medical malpractice: If healthcare professionals make serious mistakes, patients can suffer long-term consequences.
- Workers’ Compensation: Accidents involving falls, heavy machinery, or unsafe working conditions are not uncommon.
- Pedestrian accidents: Chicago’s busy streets can be dangerous for pedestrians. When drivers fail to yield or don’t obey traffic laws, injuries often result.
Damages in Personal Injury Cases
Damages in a personal injury case are to compensate the victim for the harm and losses they’ve suffered.
In Chicago, these can include economic and non-economic damages. Economic damages are those that cover quantifiable losses like medical expenses, lost or reduced wages, and damage to property. Non-economic damages may include things like your pain and suffering, emotional distress you’ve experienced, and loss of enjoyment of life.
In certain cases, punitive damages may also apply. These are not meant to compensate the victim but to punish the defendant for particularly reckless or intentional behavior.
However, punitive damages are less common and usually reserved for extreme cases.
How Long Do You Have to File a Personal Injury Claim in Chicago?
Illinois law places time limits on personal injury lawsuits. This deadline is called the statute of limitations.
In most cases, you have two years from the date of the injury to file a lawsuit. Failing to file within this period typically means losing the right to pursue compensation. However, there are exceptions, especially in cases involving minors or government entities.
Acting quickly after an injury helps ensure evidence is preserved, witnesses are available, and your legal rights are protected. Consulting with a Chicago personal injury lawyer as soon as possible can help clarify your specific deadlines.
What to Look for in a Personal Injury Lawyer
Not all lawyers are created equal. When you’re looking for a personal injury lawyer in Chicago, try to find someone with experience in handling cases like yours and a strong track record of successful settlements and verdicts.
Communication matters. Your lawyer should explain legal terms clearly, answer your questions quickly, and keep you informed about the progress of your case. Accessibility, transparency, and a clear understanding of the local court system can also make a significant difference.
Gathering Evidence to Prove Your Case
Strong evidence forms the foundation of any personal injury case. Your lawyer will gather documentation to support your claim, which may include:
- Photos or videos of the scene of the accident
- Eyewitness statements
- Police reports
- Medical records and testimony from experts
The more evidence available, the better your chance of getting maximum compensation. Your attorney will know how to obtain and organize this information in a compelling way.
Negotiating With Insurance Companies
Insurance companies, of course, play a major role in personal injury cases. Unfortunately, they often try to divert blame to minimize payouts. Adjusters might also offer a quick settlement that falls short of covering your actual losses.
A skilled accident attorney understands how insurers operate. They can handle negotiations, push back against lowball offers, and ensure your rights are respected. Having legal representation signals to insurers that you’re serious about getting fair compensation.
Taking a Case to Trial
Although many personal injury cases are settled before going to trial, some proceed to court when a fair agreement can’t be reached. Trials involve presenting evidence, examining witnesses, and making legal arguments before a judge or jury.
Chicago personal injury lawyers who are comfortable in the courtroom bring added leverage to your case. The threat of trial can encourage insurers to offer more reasonable settlements, and if a trial becomes necessary, you’ll be in capable hands.
Financial Considerations and Legal Fees
Most personal injury attorneys in Chicago, IL, work on a contingency fee basis. This means you don’t pay any legal fees upfront, and your lawyer will only get paid if they win your case, taking a percentage of your settlement or award.
This structure ensures legal help is accessible, even for those without the financial means to pay out of pocket. Be sure to discuss fee arrangements in detail with your attorney during the initial consultation.
Personal Injury FAQs
Personal injury covers a wide range of accident and injury case types. We know how confusing navigating this legal process can be, so we’ve provided answers to some of the most frequently asked questions about this area of the law. For more details or information specific to your case, please reach out to schedule a free consultation.
How do I know if I have a valid case?
The best way to know is to consult a personal injury lawyer. They will assess the facts of your situation, review the available evidence, and determine whether negligence occurred.
How much does it cost to hire a personal injury lawyer in Chicago?
Most personal injury attorneys work on a contingency fee basis, which means you pay nothing upfront. The lawyer collects a percentage of the settlement or award if you win your case.
How much is my personal injury case worth?
Every case is different. The financial value of yours will depend on how severe your injuries are, the extent of your financial losses, and the impact on your quality of life. An experienced lawyer can evaluate your case and estimate its worth based on similar past outcomes.
Do I have to go to court?
Not necessarily. Many personal injury cases settle out of court. However, if the insurance company refuses to offer fair compensation, your lawyer may recommend going to trial.
What if I were partially at fault for the accident?
Illinois follows a modified comparative negligence rule. If you are less than 51% at fault, you can still recover damages. However, your compensation is likely to be reduced by that same percentage.
How long will my case take?
Each case is different, and the timeline depends on factors such as the severity of injuries, the complexity of the legal issues, and whether the case settles or goes to trial. Some cases resolve in a few months, while others may take longer.
What should I do after an accident?
Seek medical attention immediately, even if your injuries seem minor. Report the incident to the proper authorities, gather evidence if possible, and contact a personal injury attorney to explore your options.
Can I sue for emotional distress?
Yes, emotional distress is considered a type of non-economic damage. If your injury has caused anxiety, depression, or other mental suffering, you may be entitled to compensation.
What happens if the at-fault party doesn’t have insurance?
You may still be able to recover damages through your own insurance policy or by suing the at-fault party personally. Your attorney can guide you through alternative options.
We can help those who’ve suffered a personal injury or illness.
Get Legal Assistance from Our Chicago Personal Injury Lawyer
Navigating the legal process in Cook County and the state of Illinois can be complicated.
Negligent parties deny responsibility. Insurance companies may question your claim, or they may even try to say the accident was your fault. Many times, they’ll make you a lowball settlement offer and hope you’ll just go away.
That’s not good enough.
At Schweickert Ganassin Krzak Rundio, LLP, our lawyers are focused on getting the best possible outcome for you and your family, either through a negotiated settlement or jury verdict. We take your case seriously, and we’ll make sure the insurance company does, too.
Contact us for a free consultation with our Chicago personal injury lawyer.
