If you or a loved one has suffered an injury due to someone else’s negligence, you may be considering filing a personal injury lawsuit. The state of Illinois has several state-level laws that can impact your personal injury case. This article covers the most important information you need to know before filing a personal injury lawsuit in Illinois.
How Long Do I Have To File a Personal injury Lawsuit in Illinois?
According to the 735 Illinois Compiled Statutes section 5/13-202, “Actions for damages for an injury to the person…shall be commenced within two years next after the cause of action accrued.”
This means, In Illinois, the statute of limitations for a personal injury or wrongful death claim is two years. This two-year time limit begins on the date the injury occurred. If the time limit passes, it’s possible you may be barred from bringing forth your personal injury claim.
What Injuries Can You Sue For in Illinois?
- Car Accidents
- Pedestrian accidents
- Motorcycle, bus, or truck accidents
- Job site Injuries
- Dog bites
- Nursing home Neglect
- Wrongful death
- Burn injuries
- Slip and fall accidents and other premises liability cases
What is “Comparative Fault” in an Illinois Personal Injury Case?
In Illinois, comparative fault determines how blame is divided for any personal injuries or property damage in an accident. This also included how an injured plaintiff’s compensation will be impacted.
The state of Illinois works on a modified comparative negligence system which means that if a plaintiff is responsible for less than half of the fault, they may still be able to recover compensation.
What Kind of Compensation Can I Recover?
Following an accident, there are various types of compensation you may be able to recover. Some of the most common types of compensation that is awarded in an Illinois personal injury claim include economic and non-economic damages:
- Pain and suffering
- Emotional distress
- Loss of consortium
- Worsening of prior injuries
- Loss of enjoyment of life/activities
- Past and future medical bills
- Household services
- Property damage
- Future lost income
- Past lost wages
- Mental health treatment cost
How Do I Prove Negligence?
In order to collect compensation for your Illinois personal injury claim, you must first be able to prove the following:
- Duty: The defendant owed a duty to commit and act or refrain from committing an act
- Breach of Duty: There was a breach of duty and the defendant failed to meet that duty
- Cause in Fact: This breach of duty caused injury to the plaintiff
- Proximate Cause: The defendant’s actions were the proximate cause of the injury
- Damages: Plaintiff suffered damages including lost wages, pain, suffering and hospital bills
Do I Need a Personal Injury Attorney?
Filing a personal injury lawsuit in Illinois can be an emotionally draining process. An attorney plays a vital role in a personal injury case, especially if you share fault. Many accidents can be covered through an insurance policy, but this can limit the amount of compensation you receive. Personal injury lawyers also have experience dealing with complex injury claims and big insurance companies. In addition, they know exactly how to handle medical documents, insurance information, and how to submit a personal injury claim.
After an accident, you need rest. When you hire a personal injury attorney to handle your case, you can take the time you need to de-stress and heal from your injuries. Many attorneys also work on a contingency fee basis, this means you pay nothing unless they are able to recover compensation for you.
Contact Us Today
If you have any additional questions regarding the process of filing a personal injury lawsuit in the state of Illinois or need assistance finding the right lawyer to represent you, contact us at i-lawsuit.com today.