After an accident, you might be reeling from painful injuries, expensive costs, and psychological trauma. The person who caused your injuries might not be charged with a crime, but they should still be brought to justice. You can file a personal injury case to get fair financial compensation in a civil court of law, and the defendants may be required to cover your damages.
Your case starts with a call to an experienced lawyer who should help you gather evidence, evaluate damages, and draft your legal complaint. You should begin as soon as possible because the statute of limitations restricts your time to file. However, special circumstances might allow you to have more time. We need as much time as possible to navigate the legal process while also dealing with insurance and exploring other possible legal options.
Call our personal injury attorneys with the Rhatigan Law Offices at (312) 578-8502 for a private, free case analysis.
How to Begin a Personal Injury Case
Starting a personal injury case can be difficult and requires extensive preparation. You should seek help from a lawyer who has experience working on cases similar to yours.
The first step is to contact a lawyer and start gathering evidence. Since the personal injury field is broad and encompasses numerous different claims, it is important to have a lawyer who has experience with cases like yours and understands how the law applies to your specific situation.
Next, you and your lawyer should evaluate your damages. Our personal injury attorneys need to know exactly what damages you are claiming and how much they are worth before we file anything with the court. If damages are unaccounted for or incorrectly evaluated, you might lose valuable compensation.
To officially begin your case, we must draft and file a formal legal complaint and serve the defendant with notice. The complaint must include all the details of the accident, your damages, and some evidence to support the case. When we file the complaint, we must quickly notify the defendant according to strict legal procedures.
How Much Time You Have to File a Personal Injury Case in St. Charles
Filing a personal injury case is not easy, and you need time to prepare your case with a lawyer. However, your time is limited, and it is best to get started as soon as you can to maximize your time.
Limitation Period
Your claims are limited according to the statute of limitations under 735 I.L.C.S. § 5/13-202. You have 2 years from when the cause of action accrues, which is usually the day of the accident, to file your case. If this time passes and nothing is filed, you might be time-barred from filing the case at all.
Tolling Options
Under special circumstances, plaintiffs may extend their time by having the statute of limitations tolled. Tolling is only available under limited circumstances, and forgetting your deadline or not knowing about the statute of limitations is not a valid reason.
You may have the statute tolled if the defendant has left the state. The time that the defendant is absent from Illinois and beyond the reach of long-arm statutes may be excluded from the limitation period, according to § 5/13-208(a). The longer the defendant is unreachable, the longer you may have the statute of limitations tolled.
Minors and those with legal disabilities that prevent them from filing claims on their own may also have the statute tolled. Under § 5/13-211(a), a minor may have the statute tolled until they turn 18, and those with legal disabilities may have it tolled until the disability is removed.
Dealing with Insurance Claims After an Injury
Many injury cases may be resolved with an insurance claim. Depending on the nature of the accident and whether you or the other person has the necessary insurance, you may get the compensation you need through an insurance claim. However, this is not always guaranteed, and it can be tricky even when it is available.
First, we should determine if insurance is available in your case. If you were hit by a car while riding your bike, you may file a claim with the other driver’s auto insurance. Alternatively, your injuries might be fully covered by health insurance. However, there may still be damages left uncovered, and you may need to pursue further legal action to get them paid for.
Evidence You Might Need to Support Your Injury Case in St. Charles
Supporting a personal injury case is not easy, and we need extensive evidence and records to back up your claims in court. Talk to your attorney about what you need and where to find it so you can prepare accordingly.
We must have records about your injuries to show the jury how you were hurt and the costs of your medical care. Your medical records, photos from the accident, and testimony from you and witnesses may shed light on these key details.
Sometimes, certain physical objects or items may help prove how an accident happened and who may be responsible. For example, if a defective product injured you, we need the product as physical evidence so we can hold the manufacturer responsible. If an item or object is too large to get into a courtroom (e.g., a damaged car after an accident), photos of the object may suffice.
Do I Have to Have a Trial for a Personal Injury Case?
If you have a valid cause of action, you are entitled to a trial in a civil court of law. However, not every case ends in a trial, and some plaintiffs opt for other ways of resolving their legal disputes.
Trials can be difficult to endure, but they may be worth the time and effort. A trial may help you get the full extent of your damages, but you must be prepared to convince the jury. Whether you should take your case to a trial is up to you.
Trials are not always necessary, and many plaintiffs obtain fair compensation by negotiating settlement agreements with defendants. Alternatively, if your claims are sufficiently covered by insurance, you might not need a trial. It is best to explore all your legal options before making a final decision.
Call Our St. Charles Personal Injury Lawyers to Discuss Your Case
Call our personal injury attorneys with the Rhatigan Law Offices at (312) 578-8502 for a private, free case analysis.
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