Some of the most commonly filed civil claims are for personal injuries, but what are personal injuries exactly? An attorney can help you review your case and file a claim to get you fair financial compensation.
It is wise to talk to a lawyer as soon as possible after an injury. Plaintiffs typically have 2 years from the date they were injured to file a case. If this window closes and nothing is filed, you might lose your right to sue, barring special circumstances. We need to find evidence to prepare your claim and support your case in court. Photos, videos, witness testimony, and almost anything else that is relevant to the case should be collected. Damages in a personal injury case should reflect financial losses suffered by the plaintiff in addition to mental or emotional trauma. Our lawyers can help you prepare and file the formal complaint, make pretrial arguments, and develop effective legal strategies for court.
If you were injured in an accident, ask our personal injury lawyers for a free, private case evaluation by calling the Rhatigan Law Offices at (312) 578-8502.
Types of Accidents Our Lawyers File Personal Injury Lawsuits for in Des Plaines, IL
Many types of accidents can give rise to a lawsuit. Basically, if some else is responsible for your injuries, such as causing a car accident or leaving a dangerous condition on their property, you can sue. Our personal injury lawyers have experience in numerous practice areas and can help whether you have a relatively straightforward or highly complex case. We can help recover compensation for medical malpractice, nursing home abuse, and wrongful death. Our firm can also handle claims for aviation and train accidents on your behalf.
Auto Accidents
Des Plaines is situated just outside of Chicago, so auto accidents here are common. You might have been rear-ended driving in your neighborhood or hit by a distracted commuter going to or from the city on I-294. No matter how your collision occurred, you should call 911 and wait to speak to the police. Our team can obtain the crash report and review it for details that will support your claim.
We can also help file a lawsuit for more complex vehicle accidents, like those caused by commercial truck drivers. Additional evidence must usually be gathered in these cases, such as driver logs and black box data showing a trucker driving too long. The trucking company’s liability must also be assessed. In most cases, the trucking company can be included in your lawsuit and held vicariously liable if the truck driver caused the accident while on duty and in the course of performing their job duties.
Our team also regularly handles claims involving rideshare drivers working for Uber and Lyft. Uber and Lyft drivers use their own vehicle, so are considered independent contractors. As such, Uber and Lyft usually cannot be held accountable for a rideshare driver’s negligence. Still, we can explore insurance options offered by these companies when drivers cause accidents on duty and direct your lawsuit against the driver directly. If Uber or Lyft’s negligent business practices contributed to your damages, we can add them as a defendant, increasing your chances of covering your losses.
Slip and Fall Accidents
Property owners and businesses have a duty to prevent harm to their guests by keeping the premises clear of dangerous conditions or providing warnings of known hazards. When they violate this duty, devastating slip and fall accidents can happen. People who slip and fall often suffer serious injuries, like broken bones and torn ligaments, when they try and break their fall.
These accidents are especially common in locations like restaurants and bars, where wet floors and spills happen often and not cleaned in a reasonable amount of time. Poor lighting, worn carpeting, and uneven working surfaces are also typical causes for falls that property owners should be held responsible for if no warning was put up. They can also be sued for not removing snow or ice that accumulates on their sidewalks, entrances, and exits.
Trian and Aviation Accidents
Our firm is also one of the few that specializes in recovering compensation for train and aviation accidents.
Perhaps you were injured on a Chicago Transit Authority (CTA) train because the operator was going too fast or debris was left on the track. More often, people are injured on CTA property, like train platforms, because of a dangerous condition or when the train’s doors close too quickly. In rarer cases, a manufacturer should be held liable for negligently producing a defective train car or part.
If you were injured at O’Hare International Airport, our team can help file a claim against the airport authority or business that you were injured in. The airport is located right next to Des Plaines, so it is possible that you or your property could be damaged by debris. If so, our team can determine the airline company to file your claim against and whether the airport also bears responsibility.
How Soon After a Personal Injury Should I Speak to a Lawyer in Des Plaines, IL?
While you should take the time you need to rest, recover, and get back on your feet after an injury, you should be careful about how much time you take. The statute of limitations for personal injury claims in Illinois is found under 735 I.L.C.S. § 5/13-202 and gives plaintiffs only 2 years to file claims. The clock starts ticking on the day you are first injured, so time is of the essence.
Not everyone is able to file their claims before the deadline, and many people cannot file on time due to circumstances beyond their control. Under very specific circumstances, we may have the statute of limitations tolled, meaning the clock is paused for a while, buying you more time.
Under § 5/13-211, we might have the statute of limitations tolled if you were a minor or were under a disability when the injuries occurred. If you were under 18, you may have 2 years from the day of your 18th birthday, which might greatly extend your deadline. If you were under a disability – which might be a mental condition that prevents you from understanding your rights – you have 2 years from the date the disability is removed, whenever that might be.
If a disability arises after the cause of action does but before the statute of limitations expires, the limitation period may be tolled until the disability is removed. However, the limitation period may not extend beyond 10 years from the accident date.
Evidence We Need to Back Up Your Personal Injury Claims in Des Plaines, IL
Your claim will get nowhere without evidence. Evidence might come from almost anywhere and look like anything. Some evidence is made up of physical objects you can hold up in a courtroom. Other evidence is comprised entirely of information and is intangible.
Many people record photos and videos of their accidents, often right after the accident happens. For example, after a car crash, drivers might take pictures of the damage, their injuries, and their surroundings to send to their insurance companies. We might also use these recordings in court.
Even if we do not have photos of the accident or area where you were injured, there might be witnesses who can help us paint a clear picture of events. If you notice anyone nearby when you are hurt, try to exchange information. This might make it easier to find them later if we need them to testify. We can also check police reports if law enforcement investigated the incident. Information about witnesses the police talked to might be in the report.
Your testimony is also important. Only you can testify about the pain and suffering you have lived with because of your injuries. You may also be the only witness if nobody else was around when you were hurt. Reliving your accident on the witness stand might be difficult, but it might greatly help your case.
Damages Available in Des Plaines, IL Personal Injury Cases
It is critical that you talk to an experienced lawyer about your damages. Plaintiffs often overlook or undervalue their injuries and losses and miss out on financial compensation. Even small expenses you might not initially think to include in your case might add up to significant compensation.
In personal injury claims, damages tend to be rooted in economic losses or non-economic injuries. The court might also grant punitive damages if they want to make an example of and punish a defendant who acted egregiously.
Economic Damages
For example, economic losses often include things you spent money on because of your injuries. Medical bills, property damage, and even lost earnings from missing work are common economic losses.
Non-Economic Damages
Non-economic injuries and losses are usually not based on money. Instead, they are rooted in your subjective experiences with the accident and your injuries. If the accident was traumatic, you might claim significant damages for emotional or psychological injuries. If your injuries are severe, you might claim damages for the intense physical pain you endured and might still be enduring. These damages are very subjective, and the judge or jury has the final say on their worth.
Punitive Damages
Punitive damages are rare and reserved for cases where the defendant is found to have acted with an evil motive or reckless and outrageous indifference to an unreasonably high risk and conscious indifference to the safety and rights of others, according to § 5/2-1115.05(b). Proof of this conduct must be sufficient enough to convince the court that there is a high degree of certainty that the allegations are true, a standard of evidence known as “clear and convincing.” This is a higher degree of persuasion than what is needed to meet the “preponderance of the evidence” burden of proof, which is more likely than not.
For instance, punitive damages are sometimes awarded in claims against drunk drivers. A blood or breath test showing that their blood alcohol levels were over 0.08% will usually serve as clear and convincing evidence that they were under the influence when they caused the crash.
The maximum amount of punitive damages that can be awarded is three times a plaintiff’s economic damages. If the defendant was convicted of a crime where incarceration can be part of the sentence, no cap will apply.
How a Lawyer Can Help You Throughout Your Des Plaines, IL Personal Injury Case
While you are not required to hire a lawyer to help you, doing so is in your best interest. The law is extremely complicated, and navigating the many legal procedures and rules of a civil lawsuit can be overwhelming.
Your attorney can help you get your case off the ground by gathering the necessary information to draft and file the complaint. The complaint is the legal document that initiates the case and must contain lengthy and specific details. We must explain how you were injured, why the defendant is responsible, and evidence that backs up your claim. Many cases are thrown out because complaints and pleadings are insufficient.
Your lawyer should also help with pretrial preparations. This might involve developing the most effective legal strategies based on your evidence and submitting pretrial motions to help steer the case in your favor. Simply having evidence is often not enough. Your lawyer can help you use the evidence to strengthen your claims and hopefully get you financial compensation.
Get Help Now from Our Des Plaines, IL Personal Injury Attorneys
If you were injured in an accident, ask our personal injury lawyers for a free, private case evaluation by calling the Rhatigan Law Offices at (312) 578-8502.
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