Strong cases are built on solid evidence. We gather comprehensive documentation, including medical records, accident reports, witness statements, and employment records showing lost wages. Our team can also work with investigators and medical experts to reconstruct accidents and demonstrate the full extent of your injuries.
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Personal Injury
Chicago Personal Injury Attorneys
Experienced Personal Injury Attorney On Your Side
Being injured can be a big strain on your peace of mind as well as your finances. One way to recover, at least financially, is through a personal injury lawsuit against the party responsible for your injuries. These lawsuits can be quite complicated, and the courts may even find you partially at fault for the accident, which means you need an experienced personal injury attorney on your side.
Contributory Fault in Illinois
The state of Illinois has laws that determine how much a plaintiff in a personal injury claim can recover based on how much they are found to be at fault. This is called contributory fault. Contributory fault measures the amount of negligence of both the defendant and the plaintiff in a claim. This means that the plaintiff could be found partially at fault for some of their injuries.
If the court determines that the plaintiff was over 50% at fault for the accident, they could be barred from receiving any compensation. If the plaintiff is found to be less than 50% at fault, the recovery they receive may be reduced by the percentage that they are found at fault. Fault is determined by four elements that are most easily understood by asking these questions:
- Did the defendant have a duty of care to protect the plaintiff from harm?
- Did the defendant breach that duty of care?
- Were the plaintiff’s injuries a result of the defendant’s breach of duty?
- Are the injuries suffered by the plaintiff damages that can be compensated?
In addition to the above, it is also important to understand the time limits, or statute of limitations, for filing a personal injury lawsuit. In most situations, the statute of limitations is two years. However, this can be different for certain circumstances. A personal injury attorney can help you understand the time limits for filing your specific kind of claim.
Punitive and Actual Damages in Personal Injury Lawsuits
When it comes to a personal injury lawsuit, the point is to recover damages that were the result of the defendant’s negligence. Damages refer to monetary compensation that remedies physical, financial, and psychological stress. There are two types of damages that can be recovered in a lawsuit – punitive and actual damages.
Actual damages are for specific injuries and provide compensation for personal and financial damages. These may include medical bills, lost wages due to missed work, and pain and suffering.
Punitive damages, however, are not for a specific loss. They are awarded against the defendant to punish them for wilful and wanton or reckless conduct. The court will determine whether the plaintiff will be granted such damages during the trial as well as how much should be awarded.
Punitive damages are not favored in the law, but we have had success in winning large punitive damages awards. For instance, in a retaliatory discharge lawsuit, we were able to win a $2.5 million jury award over and above the compensatory damages.
Contact a Personal Injury Attorney Today
Suffering an injury, particularly if it was the fault of a negligent party, can change your life. It can cause physical, emotional, and financial stress. While a personal injury lawsuit can not erase what happened, it can relieve some of the stress caused by the accident. The attorneys at Saks, Robinson & Rittenberg, Ltd. can help you understand your rights and legal options if you have been injured by a negligent party. Contact us today to schedule a consultation.
FAQs About Personal Injury Cases in Illinois
What role does "duty of care" play in my personal injury case?
Duty of care is a legal concept requiring people to act responsibly and reasonably to avoid harming others. For instance, drivers must drive safely, property owners must maintain safe premises, and manufacturers must create safe products. When someone breaches an expected duty of care and causes injury, they become liable for damages. Proving that the other party had an expected duty of care is an important first step in any personal injury case.
What should I do if the insurance company offers me a settlement?
Do not accept a proffered settlement without consulting an experienced attorney first. Insurance companies often make quick, lowball offers, hoping you’ll accept before understanding your case’s true value. These early offers rarely cover your full damages, especially long-term medical needs and lost earning capacity.
Can I file a personal injury claim for emotional distress?
Emotional distress, including anxiety, depression, PTSD, and other psychological impacts, is a recognized and compensable damage in personal injury cases. We can collaborate with mental health professionals to document these damages and ensure you’re compensated for the full scope of your suffering.
How could Illinois' contributory fault law affect my compensation?
Illinois follows a modified comparative fault system. If you’re found less than 50% responsible for the accident, you may still be able to recover damages; your compensation will simply be reduced by your percentage of fault. For example, if you’re 20% at fault in a case worth $100,000, you’d receive $80,000. However, if you’re found more than 50% at fault, you cannot recover any compensation.
Why Choose Saks, Robinson & Rittenberg, Ltd.
1
No Win,
No Fee
You only pay if we win your case. We cover all up-front costs, ensuring you don’t pay unless you receive compensation.
2
Responsive Support
We promptly address all questions, whether by phone or email, ensuring you’re always informed and supported.
3
Proven
Success
With over $500 million won for our clients and lifetime membership in the Million Dollar Advocates Forum, we know how to secure victories.
4
Decades of
Experience
With over 40 years of dedicated service, our seasoned attorneys bring a wealth of knowledge and expertise to every case.
5
Dependable
Advocacy
Our attorneys are known for their passionate and relentless pursuit of justice. We fight tirelessly for your deserted compensation.
6
Transparent
Communication
We prioritize keeping you informed and involved, providing clear guidance on a suitable course of action.
Awards & Memberships
Outstanding Outcomes.
Rave Reviews.
Awesome lawyer.
I love Mrs. Robinson, she is really working hard for and I feel like she really cares you can’t find to many lawyers like that.
Jennifer Robinson was excellent when handling my case. She is very knowledgeable and thorough with the litigation that was involved.
Jenny is a phenomenal Lawyer. She represented me well and got me a settlement from my workers' comp injury that was just. She fought for me all along the way and it was a long journey but she never gave up. She knows her stuff and...
I’d like to start off by saying, Jennie is absolutely amazing! I got into my first car accident and I wasn’t sure what to do. This is the first time I’ve ever needed a lawyer. Jennie made this process so easy, and she walked me every...
I’ve been working with Attorney Jenny and she has been a complete joy to work with. She kept me updated and in the loop with everything that was going on. She left no stone unturned and no question unanswered. Thank you Jenny for being the rockstar...
Great experience for my worker's comp case. Atty. Jennifer Robinson is awesome!! She explained every step of the process. She made sure I understood my rights. Jenny kept me updated, and was easy to reach when I had concerns. I would recommend this law firm to...
Jennifer Robinson was very professional and attentive to any questions and concerns that I had. I really appreciate her service and very thankful for the outcome of my case.
Jenny is very easy to talk to. She explained the process to me in depth, and it went precisely that way! Jenny is very relatable, and informs you promptly and in a way that’s easy to understand! I highly recommend their team, they got more than...
Jenny did a great job representing me, but what I love the most is how much she cares for her clients... thank you again..
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