Illinois Personal Injury Lawsuit
How Do I Know if I Should File a Lawsuit?
Sometimes accidents just happen and are nobody’s fault. Too often, accidents result from negligence. An individual may be negligent, such as when someone is texting and driving, causing an accident. It may also be a group or company, for instance, when a business fails to repair damaged steps, resulting in a visitor’s fall.
If you suffered injuries in an accident, you may not know if negligence played a role or if a lawsuit makes sense. The best thing you can do is contact a lawyer for advice. An Illinois personal injury lawyer will answer your questions and provide advice on important issues:
- Your legal rights and options
- If it makes sense to try to negotiate with the insurance company
- Whether or not filing a lawsuit is your best option
- How much you can reasonably request for compensation or seek in damages
- How to collect evidence to prove negligence
What Are the Steps in an Illinois Personal Injury Lawsuit?
Once you have a lawyer representing you, and on their advice you have decided to file a lawsuit, the process will follow several steps:
- Filing a complaint
Your lawyer will begin the process by filing a complaint to make the lawsuit official and to notify defendants. - Discovery
The complaint triggers a discovery period, which gives legal teams on both sides time to investigate and build a case. Your lawyer will continue to gather evidence, collect witness and expert testimony, and create a strategy for proving negligence and liability. - Negotiate a settlement
Your lawyer will share evidence with the defendant’s lawyers and push for a settlement. This benefits you because it is faster than a trial. For the defendant, it can be cheaper than a jury verdict. Both sides are typically motivated to settle. - Litigate
Most personal injury cases end in a settlement, but you can go to trial if it doesn’t work out. Your lawyer will litigate on your behalf and make a case to the jury for liability of the defendants. - Collect Compensation
If you win the jury verdict and damages, your lawyer may need to assist you in collections. Getting the monetary award can take some additional legal steps. If the other side appeals, you’ll need to wait even longer.
Your lawyer will guide you through all of these steps, doing much of the work. Stay informed as you go through the lawsuit, so that you make the best choices.
What is the Statute of Limitations for a Personal Injury Lawsuit in Illinois?
Illinois’s time limit on filing a personal injury case is two years from the time of the incident that caused harm and injuries. There are only a few limited exceptions to this statute, so move quickly after an accident and contact a lawyer right away.[1]
How Will My Lawyer Prove My Case?
Your lawyer will prove your case by showing that the defendants were negligent in your injuries and liable for the resulting damages. To do this, they will need to collect evidence, such as your medical records and bills. They will also talk to witnesses and experts.
How Much Can I Recover in Damages?
Illinois law does not cap non-economic damages, so you can request as much as you think is fair for your suffering after an accident. Economic damages are based on real costs:
- Medical bills
- Future medical costs
- Travel costs for medical care
- Lost wages
- Lost future earning potential
Non-economic damages depend on the severity of the accident, any disability or disfigurement, and the degree to which you have suffered emotionally and physically. Your lawyer cannot guarantee you a certain amount of damages, but they can estimate it based on past experience and individual factors.
Examples of Illinois Personal Injury Lawsuits
The outcomes of personal injury lawsuits vary significantly and depend on multiple factors. These cases from Illinois illustrate possible scenarios and outcomes when you file in the state:
- One of the first personal injury suits filed in Illinois in 2021 involves the Motel 6 in Joliet. The plaintiff, Vincent Hollins, stayed there in 2019. A table in the hotel room fell on him, causing injury. He and his legal team claim the hotel failed to secure the table adequately.[2]
- In 2018, a jury in Cook County awarded Miriam Bragar $7.9 million after a CTA bus accident. She drove through a green light when the bus accelerated through a red light and struck her vehicle. She suffered several disabling injuries, including brain damage, and can no longer work.[3]
- Another Cook County jury awarded Kenneth M. Smith more than $15.2 million after he suffered a back injury moving a desk from a truck. Smith was working on a remodeling project for the defendant, Xsport Fitness. He and his legal team argued successfully that Smith was not provided with adequate equipment or staffing for the job.[4]
A personal injury lawsuit is an important way to seek justice for a wrong. It is also important for helping victims get the compensation they deserve. Consider starting an Illinois personal injury lawsuit if you have suffered and lost money due to someone else’s negligence.