Not every injury results from a malicious criminal act, but that does not mean victims have no options to seek justice. You can pursue a claim by consulting with our lawyers and filing a personal injury lawsuit against the person responsible for your injury.
Our attorneys can help kickstart your case by locating evidence, assessing your damages, and crafting legal strategies that may support your claims. To begin this process, it’s essential to figure out how your injuries occurred. Personal injury law encompasses a wide range of accidents and injuries, and our team has experience handling claims related to vehicle accidents, unsafe properties, and aviation accidents, among many others.
Contact the Rhatigan Law Offices at (312) 578-8502 for a free case assessment with our Naperville, IL personal injury attorneys.
How to Successfully Prepare a Personal Injury Lawsuit in Romeoville, IL
Preparing your personal injury case can often be more challenging than you first expected. In fact, a significant amount of the work occurs even before your case reaches the courtroom. To ensure you are well-prepared, consult with our personal injury lawyers as soon as possible. While the process of navigating a lawsuit might feel unfamiliar to you, our team is well-versed in handling these situations. We can help file your claim before the statute of limitations passes, gather evidence to prove liability, and advise you on many other ways to make your case successful.
File on Time
It is important to start working with your attorney as soon as possible since the statute of limitations sets a firm deadline for filing injury claims. In Romeoville, you typically have just two years to submit your claim, according to 735 I.L.C.S. § 5/13-202. This two-year period generally begins on the day of your accident, so time is of the essence right from the moment it happens. If you let this window close, you will lose your chance to seek compensation for your damages.
Our team can determine if an exception will “toll” or pause the limitations period if the deadline is approaching. This process effectively pauses the clock on the limitation period, granting plaintiffs extra time to file their claims.
However, tolling the statute of limitations can only occur under highly specific circumstances. According to § 5/13-211(a), tolling is applicable for individuals who were minors at the time of their injuries or those with a “legal disability.” If you were under 18 when the injury occurred, the two-year limitation period can be suspended until you reach adulthood, allowing you until age 20 to file your case.
A legal disability typically refers to a mental condition that hinders people from comprehending their rights or taking legal action independently. If you find yourself in this situation, the limitation period for your case may be paused until you can overcome this disability. Keep in mind, though, that the limitation period generally cannot be extended for a legal disability beyond a maximum of 10 years.
Gather Evidence
Every case begins with collecting evidence, which is vital for establishing the facts surrounding an incident. Depending on your situation, you might be able to start gathering evidence right after an accident occurs. For example, following a car accident, it is common for people to snap photos or record videos of the scene. Capturing these visuals can be incredibly useful, as they will likely play a key role in an insurance claim or provide strong evidence if the situation escalates to court.
However, evidence can sometimes be unpredictable, and finding it might be more difficult than expected. Several factors can affect both the availability and quality of evidence, including the passage of time, environmental conditions, and the actions of individuals involved in the situation. To make the most of your efforts, try to document as many details as you can, such as the location, time, and circumstances of the incident, and collect statements from witnesses if they are available.
Defendants in personal injury lawsuits often assert the defense of “comparative” negligence to escape some or all of the blame for an accident. If you are found to be partly responsible for your injuries, your damages will be reduced in proportion to your share of the fault, as per § 5/2-1116(c). For instance, if you are assessed to be 30% at fault, your compensation would be cut by that same 30%. However, if you are deemed more than 50% responsible, you will be completely barred from recovering any damages. You stand a much better chance of fighting a defendant’s arguments by having thorough, high-quality evidence to support your claim.
Document Your Injuries and Damages
To effectively build your case, we must thoroughly document your injuries and the costs incurred from the incident. While major expenses, like hospital bills, lost income, and property damage, are often easier to remember, it is vital also to include the smaller, less obvious costs that can pile up over time. For example, travel expenses for attending medical appointments or therapy sessions can significantly add to your overall expenses and can be claimed in your lawsuit as economic damages.
It is also crucial to assess the impact of emotional and physical suffering resulting from the accident. Non-economic damages, which encompass pain and suffering, mental anguish, and any adverse physical and emotional effects on your quality of life, will likely hold more value than you initially realize. These factors can profoundly affect your overall well-being and should be represented in your case.
Therefore, when you speak with your lawyer, provide them with detailed descriptions of your physical pain, emotional distress, and any lifestyle changes you have experienced since the accident. Keeping a journal is a good idea, but we can also submit therapy records, expert witness reports, and have you and your family and friends testify to the impact of the accident.
Contact Our Personal Injury Attorneys in Romeoville Today to Get the Compensation You Need and Deserve
To schedule a private, free case review, call our personal injury lawyers at the Rhatigan Law Offices today at (312) 578-8502.
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