If you were injured in an accident caused by someone else’s negligent behavior, you may file a personal injury claim to hold them accountable. An attorney can help you assess your damages and get fair financial compensation to cover your expenses. These cases are often complex, and you should begin working on your case as soon as possible.
Many cases are resolved through insurance. Whether you file a claim through your own insurance or file a third-party claim with the other person’s insurance, you should have a lawyer assist you. If you pursue a lawsuit, you only have 2 years to prepare and file the case, barring special circumstances. Once the case is filed, it may take even longer to get financial compensation. As such, preparation is key to getting compensation faster, and you should work with an experienced attorney.
Get a free, confidential case analysis from our personal injury attorneys at the Rhatigan Law Offices by calling (312) 578-8502.
Available Damages in a Personal Injury Case
Your damages should represent how the accident and your injuries affected your physically, mentally, and economically. Your losses may be substantial, and your compensation should reflect the magnitude of your losses.
Economic Damages
Economic damages may be proven with proof of how much money you spent or lost. Medical bills, property damage, and lost earnings from missing work due to injuries are common forms of economic damages. The more serious your injuries are, the higher your damages are likely to be.
Assessing economic damages can be difficult, as accidents often come with numerous expenses that are easy to overlook. If you require long-term treatment, you might spend money on gas, travel, or lodgings so you can go to the hospital every day.
Review things like credit card and bank statements with your attorney to determine the full extent of your economic damages.
Non-Economic Damages
Non-economic damages are arguably trickier to calculate because they are deeply personal and inherently subjective. Common non-economic damages include physical pain from injuries and medical care, mental distress, psychological injuries (e.g., PTSD, depression, anxiety), humiliation, and the reduction of your quality of life.
Since these damages do not have a price tag, their value must ultimately be determined by the jury. As such, our personal injury attorneys need strong evidence of these damages to convince the jury to award greater compensation.
Punitive Damages
In rare cases, courts may award punitive damages to punish defendants for exhibiting extremely bad behavior. According to 735 I.L.C.S. § 5/2-1115.05(b), to be awarded punitive damages, we must prove by clear and convincing evidence that the defendant caused your injuries with an “evil motive” or a reckless and outrageous indifference to your rights and safety.
Punitive damages require behavior that is far above and beyond ordinary negligence and typically arise in more extreme cases.
There are no statutory limits on punitive damages, but they must be proportional to the case. If a jury awards punitive damages that are overly excessive, the judge may reduce them to something more reasonable.
How Insurance May Affect a Personal Injury Case
Insurance policies often cover personal injuries, and many injured victims pursue insurance claims as a first course of legal action.
Is your accident covered by insurance? If so, you may want to start there. Many people find that insurance sufficiently covers their damages, and there is no need for further legal action. Others see their claims denied, or they are offered insufficient insurance settlements.
Your lawyer can help you determine if you should file a claim with your own insurance or the other person’s. If the other person refuses to exchange information to avoid responsibility, your attorney can help you locate them.
Get started on a possible insurance claim soon, as you might need time to work it out before deciding whether to pursue other legal options. If you wait too long, you might run afoul of the statute of limitations and find yourself unable to file a lawsuit.
How Long You Have to Prepare a Personal Injury Claim in Highland Park
You might have numerous legal options to consider after an accident, and you should get help from a lawyer fast, as your time to file a lawsuit may be limited.
The statute of limitations for personal injury cases in Illinois under 735 I.L.C.S. § 5/13-202 gives you only 2 years to file your case. Your time begins when the cause of action accrues, which is usually the day of the accident.
Certain plaintiffs might have difficulty filing their claims due to circumstances they cannot control, and they may be able to have the statute of limitations tolled, thereby buying more time.
Tolling may be permitted to account for the defendant’s absence from the state, according to § 5/13-208(a). If the defendant leaves the state after injuring you, the time they are beyond Illinois’ jurisdiction is not factored into the limitation period.
It is important to manage your time wisely while exploring your legal options. If one option does not work out, you need to make sure there is still time to effectively prepare and file a personal injury lawsuit.
When You May Get Compensation for a Personal Injury Case
The timeframe for receiving fair financial compensation depends on various factors, and consulting an attorney can provide a more accurate estimate of how long you may have to wait.
Plaintiffs may receive compensation sooner if their cases are less complicated. When facts are easier to understand and more straightforward, applying the law to the case is often simpler, and courts may make decisions more quickly. Additionally, strong evidence that leaves little room for doubt also tends to expedite the progress of cases.
Be careful about factors that might slow things down. If your case is especially complicated, the court might need to move more slowly so that decisions about evidence and facts are made more carefully. Additionally, cases involving significantly greater damages are more likely to progress more slowly, as substantial amounts of money may be at stake.
Ask Our Highland Park Personal Injury Lawyers for Help Now
Get a free, confidential case analysis from our personal injury attorneys at the Rhatigan Law Offices by calling (312) 578-8502.
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