Accidents and injuries are inevitabilities of life. Nobody goes through life completely unscathed. While some accidents are just that, accidents, others are not. If someone is responsible for causing the accident that injured you, you might be able to have them held liable in a personal injury lawsuit. For many, a personal injury case is necessary to get fair financial compensation so they can afford to cover the costs of the accident.
Personal injury law represents a very broad field and includes a whole host of accidents and injuries. Some common injuries our team has handled include slip and falls, car crashes, and work-related accidents. The nature of your claim will undoubtedly influence what kind of evidence we need to prove your case in court. Photos, videos, physical objects, and witness testimony are common pieces of evidence. We must also carefully determine the extent of your damage and what fair compensation might be worth. Getting started sooner rather than later may help you better prepare for the various legal hurdles to come.
Start your case with a free, private case review from our personal injury attorneys by calling the Rhatigan Law Offices at (312) 578-8502.
Typical Examples of Personal Injury Cases in Mount Pleasant, IL
As mentioned earlier, personal injury cases are some of our legal system’s most commonly filed claims. They represent a broad range of accidents and injuries, and it is important to work with a lawyer with experience with claims like yours. It is wise to meet with our personal injury lawyers soon, as your time to file your case is limited. Under 735 I.L.C.S. § 5/13-202, plaintiffs have only 2 years from the day their accidents happened to file their cases in court.
Slip and Fall Injuries
A classic example of a personal injury case is a slip and fall accident. Maybe you were walking through a store and slipped on a wet floor that had just been mopped. Maybe you were in a restaurant and slipped in a spilled drink that nobody bothered to clean up. While these kinds of accidents often seem trivial at first, they can involve severe and painful injuries. The person who owns the property where your accident happened may be liable for your injuries.
Vehicle Accidents
Car accidents are perhaps some of the most frequently filed personal injury cases. If you have never been in a car accident before, you probably know somebody who has. Some common causes of vehicle crashes include high rates of speed, distracted or inattentive drivers, and poor weather conditions. It can be tricky to sort these cases out, especially when multiple drivers blame each other for the accident. In cases involving more serious crashes, damages might be quite high.
Accidents at Work
People are injured at their place of work all the time. How you might be injured depends on the nature of your job and your work environment. Factor workers might be injured by malfunctioning machinery. Officer workers might be badly hurt if they fall down the stairs in their office. Talk to your lawyer about suing your employer for your damages. Often, these injuries stem from unsafe work environments created or exacerbated by negligent employers.
Commonly Claimed Damages in Mount Prospect, IL Personal Injury Cases
In a civil personal injury case, the plaintiff’s damages represent all the things they have lost and endured, including injuries, expenses, and trauma. Damages are unique in each case, and you need a lawyer to help you make sure everything is accounted for and accurately evaluated. Below are some common examples of damages in personal injury cases you should consider talking about with your attorney.
Non-Economic Damages
People often associate damages with monetary expenses, but this is not always the case. Many damages are unrelated to money. Non-economic damages often represent mental and emotional damages. You might also claim damages for how your injuries have affected you physically. Since these damages are subjective and unique to each plaintiff, they typically cannot be proven with things like receipts or proof of costs.
You might claim non-economic damages for your mental distress if the accident was quite traumatic. Your injuries might also be traumatic. Permanent injuries that alter the way your body works or cause long-term pain can be incredibly difficult to deal with. These injuries can have a negative effect on your overall quality of life, and you deserve fair compensation.
Economic Damages
Economic damages are based on your expenses from the accident and your injuries. Since these damages are directly related to money, we may need to prove them with evidence of your costs. As such, you should keep a thorough record of all the money you spend after an accident.
Your medical bills might be a huge part of your economic damages calculations. Healthcare is expensive at the best of times. Emergency medical attention after a bad accident might be extensive and costly. The more serious your injuries, the more treatment you might need, and the greater your damages should be.
What about your job? Can you go back to work and continue to earn a living while recovering from your injuries? If not, we should estimate how much income you have lost and might continue to lose because of your injuries. Your lost income should be added to your claims.
Punitive Damages
Sometimes, a court may award punitive damages to penalize defendants for their behavior. While the plaintiff may benefit from a punitive damages award, the award is not intended to make up for anything the plaintiff lost. As such, these damages tend to be unusual, but they are still very possible under the right circumstances.
According to 735 I.L.C.S. § 5/2-1115.05(b), the court will not consider punitive damages unless the plaintiff claims them specifically in their initial complaint. At the trial, our personal injury lawyers must prove by “clear and convincing evidence” that the defendant caused the accident with an evil motive. Alternatively, we must prove that the defendant acted with reckless and shocking indifference to highly unreasonable risks of harm or injury, with a conscious indifferent to others’ rights and safety.
In short, the court may award punitive damages only in cases where the defendant’s behavior is extremely bad. Ordinary negligence, which is present in most personal injury claims, is not enough to justify a punitive damages award.
Evidence We Can Use to Prove Your Personal Injury Claims in Mount Prospect, IL
The kind of evidence we need to back up your case will depend heavily on the nature of your accident. While some accidents might involve a lot of evidence, others might involve much less, making our work more difficult. Even so, strong cases have been built on minimal yet powerful evidence.
We should consider whether there is any evidence from the accident scene. For example, suppose you recorded photos and videos of the accident, the people present, your injuries, and anything else that seemed important. In that case, we might be able to use these recordings as evidence in court. They often come in handy when the defendant tries to dispute how the accident happened. Your photos from the accident scene might be enough to prove them wrong.
If physical objects were involved in the accident, we should collect them as evidence. For example, if you were injured at work because of a defective tool you used as part of your job, we need the defective tool. We should also have it inspected to understand the extent of the defect and how it caused the accident.
If other people were around when you were hurt, we should figure out who they are and see if they will testify as witnesses. This might be easy if you exchanged information with them at the scene. However, if you did not, we might have to investigate for ourselves to find them.
If your injuries are called into question, we can use your medical records to prove the extent and severity of your injuries. You have a right to see your own medical records, so obtaining them should not be a major hassle. We likely do not need your complete medical history, and our attorneys can help you obtain copies of your records.
Determining Who is At Fault for Your Personal Injuries in Mount Prospect, IL
Some accident victims already know exactly who is to blame for their injuries. For others, the answer is a lot less clear. Either way, talk to your attorney about how your accident happened so they can help you determine exactly who should be held liable. You might be surprised at what you learn.
How do we figure out who the defendant is? The answer to this question largely depends on how you were injured and the nature of your claim. For example, suppose you are filing a case because you fell on someone’s property and broke your legs. In such a case, the defendant is usually the person who owns the property. Suppose instead you were injured by a defective product you just bought. In that case, the product’s manufacturer may be held responsible. In a car accident, other drivers are often to blame.
What if we cannot find the defendant? This is common in hit and run car accident cases or in cases where the defendant lives outside the state. We may need to use long-arm statutes to bring the defendant back within the jurisdiction of Illinois. If we cannot, we may have the statute of limitations tolled for the duration of time that the defendant is absent from the state, according to 735 I.L.C.S. § 5/13-208(a).
Possible Legal Hurdles to Overcome in Your Mount Prospect, IL Personal Injury Case
Lawsuits are known for being frustrating endeavors. Plaintiffs often feel as if they are constantly taking one step forward before taking two steps back. We need to be prepared for certain legal hurdles that are likely to come up in your case. If we are prepared, we are more capable of overcoming them and getting you the compensation you deserve.
It is possible that we will have to deal with a lack of evidence supporting your claims. This is not an unusual problem, as evidence is known for being somewhat fleeting. If we do not collect it quickly, it is likely to disappear.
We should also be prepared for the defendant to claim that you somehow caused your own accident or exacerbated your injuries. In such a case, rules of comparative negligence under 735 I.L.C.S. § 5/2-1116(c) may apply. Under these rules, if a court deems the plaintiff to be partially responsible for the accident, the court may reduce the plaintiff’s damages. If the plaintiff is deemed more than 50% responsible, they may be barred from recovery.
How to Get Your Personal Injury Case Started in Mount Prospect, IL
Beginning your case is not easy, and many potential plaintiffs are turned off from legal action by the prospect of a long and frustrating legal battle. Do not be deterred. While a lawsuit is tough, you, with the help of your lawyer, are tougher.
First, you and your attorney must start collecting information immediately. Your case begins with a formal legal complaint filed with the court, and the complaint must contain very specific and lengthy information. We must be able to explain exactly what happened and how the accident occurred. This includes details about where and how you were injured, the role the defendant played, and why we believe they should be held liable.
We must also present some evidence in the complaint. We do not have to include all our evidence or even enough evidence to satisfy the civil burden of proof. We simply need enough evidence to show the court that you have a valid cause of action, and a trial is warranted.
We also need information about your damages. We must explain to the court how you were injured and what kind of damages you are claiming. This may involve a detailed breakdown of costs and expenses in addition to more subjective claims, like pain and suffering. Remember, if your damages are not adequately explained and supported in the complaint, you might not receive fair compensation.
Once we have everything we need, we must draft a formal legal complaint. The complaint should contain all the above information, and it must be formatted according to court rules. Remember, a vague complaint or one that lacks sufficient information could be rejected by the court for insufficient pleadings. We must file the complaint and serve notice to the defendant. If notice is not served correctly, the entire case might be in jeopardy.
Speak to Our Mount Prospect, IL Personal Injury Attorneys Today
Start your case with a free, private case review from our personal injury attorneys by calling the Rhatigan Law Offices at (312) 578-8502.
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