Personal injury lawsuits are legal claims filed by those who are injured in accidents caused by the negligent, reckless, or wrongful conduct of another person or entity. This type of suits can be difficult to pursue, especially for plaintiffs who are struggling with debilitating injuries, so if you were injured in an accident that was not your fault, it is important to speak with an experienced personal injury attorney near me who can help protect your interests.
Negligent individuals, companies, and government agencies that cause accidents through their own negligent or reckless conduct can be held liable in court by the injured parties. Although most people associate personal injury suits with car accidents, there are actually a variety of different kinds of accidents that can give rise to a claim, including:
With the exception of cases involving dog bites, each of these kinds of claims require the victim to provide evidence of negligence, which means that he or she must prove that:
Once these elements have been established, the injured party can recover damages to compensate them for losses they suffered as a result of the accident, which could include compensation for past and future medical expenses, lost wages, property damage, pain and suffering, funeral or burial expenses, and emotional distress.
Fortunately, just because an injured party contributed in some minor way to an accident does not mean that he or she will be unable to recover damages. This is because Illinois is a comparative negligence state, which means that plaintiffs who are partially at fault for their injuries can still collect compensation, although their award will be reduced by their percentage of fault. The only exception to this rule applies in cases where a plaintiff is found to be more than 50% responsible for an accident. In these situations, the injured party will be barred from seeking recovery in court.
In most states, when someone is injured in an accident through no fault of his or her own, that individual only has a certain amount of time, known as a statute of limitations, to file a claim against the at-fault party. In Illinois, plaintiffs only have two years from the date of their accident to file a personal injury suit in court. Missing this deadline can have dire consequences, as most courts will refuse to hear a case after this time limit has passed. Please contact our legal team today to ensure that you or a loved one do not miss one of these important deadlines.
To speak with one of the dedicated personal injury attorneys at Rittenberg, Saks & Robinson, Ltd. about your case, send us an online message today.