Joliet Personal
Injury Lawyer

If you or a family member suffered injuries in an accident, you are probably facing a long road to recovery paved with mounting medical bills and other expenses. If the negligence or carelessness of another person or party caused your accident, the insurance company may offer you compensation to settle your claim quickly.

This money may seem like a godsend, especially if you cannot work due to your injuries. However, you shouldn’t accept an insurance company’s offer without first talking with a personal injury lawyer to understand how much your claim is really worth.

Insurance companies are more interested in their profits than in compensating you for all of your damages. If you accept their payment, you may waive your right to ask for more money if your injuries require more medical care than anticipated.

A personal injury attorney from Midwest Injury Lawyers can investigate your accident, assess your injuries, and determine a more accurate value for your personal injury claim. If you retain our services, we will go head-to-head with the at-fault party and their insurance company to get the maximum compensation you deserve.

In Illinois, a personal injury lawsuit may recover compensation, often referred to as damages. The specific compensation available can vary depending on the circumstances of the case and the extent of the injuries or losses suffered by the plaintiff.

Here are some common types of compensation available in a personal injury lawsuit in Illinois:

• Medical Expenses: This includes compensation for past and future medical bills related to the injury, such as hospitalization, surgeries, doctor visits, prescription medications, physical therapy, and rehabilitation.
• Lost Wages: If the injury leads to missed work days or affects the plaintiff’s ability to earn a living, they may recover compensation for lost wages and reduced earning capacity.
• Pain and Suffering: This subjective category encompasses compensation for physical pain, emotional distress, and the overall suffering experienced because of the injury. Pain and suffering damages can vary from case to case.
• Property Damage: In cases involving vehicle accidents or property damage, the plaintiff may seek compensation for repair or replacement of damaged property, such as vehicles or personal belongings.
• Loss of Consortium: This pertains to damages claimed by a spouse or family member of the injured party for the loss of companionship, affection, and support due to the injury.
• Disability and Disfigurement: Compensation can pay for a long-term or permanent disability or significant disfigurement, affecting the plaintiff’s quality of life.
• Wrongful Death Damages: If the injury leads to the death of the victim, the surviving family members may pursue wrongful death damages, which can include funeral expenses, loss of financial support, and loss of companionship.

To succeed in a personal injury case, you must establish negligence. Negligence is a legal concept used to establish liability for harm caused by someone’s failure to exercise reasonable care.

To prove negligence in a personal injury case, you must demonstrate:

1. Duty of Care: The first element involves establishing that the defendant owed a duty of care to the injured party. This duty of care is a legal obligation to act reasonably and avoid harming others. The specific duty owed can vary depending on the circumstances and the relationship between the parties. For example, a driver has a duty to operate their vehicle safely to avoid causing harm to others on the road.
2. Breach of Duty: The second element requires showing that the defendant breached, or failed to meet, the duty of care owed to the plaintiff. This means the defendant’s actions or inactions fell short of what a reasonable person would have done under similar circumstances. For example, a driver who drives recklessly breaches their duty of care to others.
3. Causation: To succeed in a negligence claim, the plaintiff must prove that the defendant’s breach of duty caused the injuries or harm suffered. This involves demonstrating that, but for the defendant’s actions or negligence, the harm would not have occurred. Additionally, the defendant must have foreseen the harm resulting from their actions. So, in the case of the motorist breaching their care of duty by driving recklessly, you must show that this action caused the accident that caused your injuries.
4. Damages: The final element of a negligence claim requires the plaintiff to prove that they suffered actual damages because of the defendant’s negligence. Damages can include physical injuries, emotional distress, property damage, medical bills, lost wages, and other quantifiable losses.

Comparative negligence allocates fault and determines how much compensation an injured party can recover. It allows for a fair distribution of responsibility when both the plaintiff (injured party) and the defendant (alleged wrongdoer) share some degree of negligence for the accident or injury.

In some states, comparative negligence operates under a pure system, where an injured party can recover damages even if they were mostly responsible for the accident. The compensation awarded decreases by the percentage of their own fault. For example, if the plaintiff is found to be 80 percent at fault for an accident, they can still recover 20 percent of the damages from the defendant.

In Illinois and several other states, the law follows a modified comparative negligence rule with a 50 percent threshold. Under this rule, if the plaintiff’s negligence is equal to or less than 50 percent (or not greater than the defendant’s), they can recover damages from the defendant proportionate to the defendant’s share of fault. If the plaintiff’s negligence exceeds 50 percent, they cannot recover any damages from the defendant.

Every state has a deadline for filing personal injury lawsuits based on negligence. The statute of limitations in Illinois is generally two years from the injury. However, some exceptions may shorten or lengthen this timeframe.

If you wish to pursue compensation for your injuries through a personal injury claim, do not delay contacting a personal injury attorney. If you miss the specific deadline for your case, you cannot pursue compensation through the court system.