Personal injury cases often involve debilitating injuries, enormous costs, and severe pain and emotional distress for injured victims. You should not have to carry the burden of your injuries alone, and a lawyer can help you get justice. A personal injury lawsuit may help you get the fair financial compensation you deserve.
You should speak to a lawyer about your personal injury case, as you have a limited amount of time to prepare and file your case. This time includes gathering records and evidence to back up your claims and evaluating damages. If you are accused of being partially responsible for the accident, you may still file a case. However, there is a chance that your damages may be reduced if the court believes you are somewhat to blame.
Get a confidential, free case evaluation by calling the Rhatigan Law Offices at (312) 578-8502 and talking to our personal injury attorneys.
Knowing Whether You Have a Personal Injury Case
The field of personal injury law is enormous, and all sorts of accidents and legal claims may be part of a personal injury case. As such, it can be confusing for plaintiffs to determine whether they have a personal injury claim.
Generally, personal injury cases must include physical harm. If you sustained bodily injuries in an accident, there is a strong chance that you have a personal injury claim. If you are not physically injured but sustained other losses, talk to your lawyer about what kind of legal action you can take.
Another good indicator of a personal injury claim is that the injuries were unintentional. Many cases stem from accidents, although intentional acts of harm may also be grounds for legal action.
Claims for damages other than bodily harm may be included, but you must prove that you experienced physical injuries. For example, if you were hurt in a car accident, you can file a case for your physical injuries in addition to the cost of repairing your car.
When You Should File a Personal Injury Case in Galesburg
Exactly when you should file your case may depend on your unique situation, but it is often best to start your case as early as possible.
The statute of limitations under 735 I.L.C.S. § 5/13-202 limits the time plaintiffs have to file personal injury cases to only 2 years. This time typically begins when the cause of action accrues, often on the very same day as you are injured.
While the statute of limitations sets a tight timeframe for your case, you might buy extra time under limited circumstances. If you were a minor when the accident happened or are under some other legal disability that prevents you from filing your case, you may have the statute of limitations tolled, according to § 5/13-211(a).
If a plaintiff is a minor or has a legal disability at the time of injury, the statute of limitations does not begin until the plaintiff turns 18 or their disability is removed. Under subsection (b), if a legal disability arises after the accident, the limitation period may be stayed until the disability is removed.
Records Needed to Support Your Personal Injury Case
Supporting your claim requires evidence and records related to the accident. The more documentation we can provide to the court, the stronger your claims may be.
If you contact the police for help when you are injured, they might investigate and issue an official report. This report is generally inadmissible as evidence, but it might be useful as we try to find admissible evidence. The report may contain details about other evidence, such as the names of witnesses and their locations.
Our personal injury attorneys must also obtain copies of your medical records from when you went to the hospital after the accident. Your medical records may help us establish the extent of your injuries and demonstrate how the defendant may be liable. They may also shed light on your medical costs.
Talk to your attorney if you have any other documentation of the accident scene. If you took photos or recorded videos, or know of someone else who did, those recordings may be very useful in your case.
Am I Allowed to Sue if I am Partially Responsible for My Personal Injuries?
It is not uncommon for plaintiffs to face allegations that they contributed to the accident or exacerbated their injuries. While this might be a bit of a wrench in the works, you should still be able to file your claim.
According to 735 I.L.C.S. § 1116, courts may apply laws of comparative negligence if a plaintiff is accused of causing the accident. If you are deemed to be partly responsible, your damages may be reduced in proportion to your share of blame.
If you are 10% responsible, your overall damages may be diminished by 10%. However, if you are more than 50% responsible, you may be completely barred from recovering any damages.
The defendant must have some evidence backing up their claims that you are partially responsible. If they do not, the court is unlikely to entertain their claims.
How to Begin Your Personal Injury Case in Galesburg
Getting your case started might be one of the hardest steps in your legal claim. You can begin by contacting an experienced attorney for help.
It is important that you get help from an attorney who has experience working on cases like yours. Personal injury cases span a broad spectrum of cases, claims, and laws, and not every attorney may be equipped to help you.
Once you have hired an attorney, begin gathering evidence and evaluating your damages immediately. We need evidence to demonstrate to the court that you have a valid cause of action, and we must assess your damages before filing the case.
Once the case is fully prepared, your attorney will help you draft and file a formal legal complaint. The complaint must contain all necessary information. If details are lacking, the court may reject it, which could significantly set back your case.
Call Our Galesburg Personal Injury Lawyers to Talk About Your Legal Options
Get a confidential, free case evaluation by calling the Rhatigan Law Offices at (312) 578-8502 and talking to our personal injury attorneys.
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