A personal injury lawsuit can occur whenever someone has been injured because of another party’s negligence. Accordingly, you may be entitled to financial compensation if you were injured because of someone else’s careless or intentional conduct. However, the process for recovering damages can be long and complicated.
Our Joliet personal injury lawyers can provide assistance with all aspects of your personal injury lawsuit. You will likely face opposition from defendants’ insurance companies when pursuing a claim. Our experienced attorneys can ease your stress by filing your case, gathering evidence, and communicating with insurance companies on your behalf.
If you have been injured because of another party’s negligent conduct, get help by calling our personal injury attorneys at the Rhatigan Law Offices at (312) 578-8502 for a free case review.
Elements of Personal Injury Lawsuits in Joliet, IL
There are four elements that plaintiffs must satisfy before proceeding with a personal injury claim in Joliet.
Duty
First, plaintiffs must prove that a defendant had a duty of care to act in a certain way under specific circumstances. Duties of care can be established either through laws or legal precedent. Different duties of care will apply to defendants depending on the circumstances of a case. For example, in a car accident case, motorists are expected to abide by traffic laws and use reasonable care when operating their vehicles on public roads. Our personal injury lawyers can help potential plaintiffs determine which duty of care applies to their case.
Breach
Second, plaintiffs must establish that a defendant breached a duty of care. A breach of duty simply refers to situations where a defendant’s conduct failed to meet an applicable standard of care. For example, a driver who causes a car accident by running a red light has breached a duty of care to follow traffic laws. This element can be satisfied through a defendant’s negligent actions or failure to act.
Causation
Next, personal injury plaintiffs must establish a causal link between a defendant’s negligent conduct and the damages sought. In other words, plaintiffs must prove that a defendant’s actions caused or contributed to their injuries. This element can be satisfied through a wide range of evidence. The assistance of our experienced personal injury lawyers can be highly beneficial when establishing a link between a defendant’s negligence and your injuries.
Damages
Finally, plaintiffs in personal injury lawsuits must prove that damages were incurred. Some damages like medical expenses, lost wages, and property damages may be easy to account for. However, other damages stemming from personal injuries can be harder to establish, such as physical pain and emotional distress. Our personal injury lawyers can help you fight for the full extent of damages suffered because of a personal injury.
What Happens if You Are Partially Responsible for Personal Injuries in Joliet, IL
Accidents and injuries are not always straightforward. While you might have an idea of how the accident occurred and who should be held responsible, we might not know the whole story until after a proper investigation. Plaintiffs are sometimes surprised to find that defendants are accusing them of causing or at least contributing to the accident in some way. If these claims have merit, the court may apply laws of contributory negligence.
Illinois follows a modified comparative negligence law under 735 I.L.C.S. § 5/2-1116(c) that governs how to determine partial fault for injuries. Under the law, if a plaintiff is determined to have contributed to the accident that caused their injuries, their overall damages may be diminished according to their share of the blame. If you are deemed 25% responsible for your injuries, your overall damages may be reduced by 25%.
If the trier of fact (i.e., the judge or jury) determines that a plaintiff is more than 50% responsible, the plaintiff may be completely barred from recovering any damages. Even if the defendant is responsible for 40% of your damages – a significant sum – they may not be held liable for it, and you may not receive fair compensation.
Talk to your lawyer about whether issues regarding contributory negligence are likely to come up in your case. Many defendants try to make these arguments as a strategy to avoid liability, but they do not always have the evidence to back up their claims. If these arguments come up, your attorney should be able to help you refute them and make sure you receive all the compensation you deserve.
Paying for a Personal Injury Lawyer in Joliet, IL
The guidance and support of our experienced personal injury lawyers can be extremely valuable when pursuing a personal injury claim. However, many personal injury victims may question if they can afford a lawyer. The fees charged by many lawyers can be intimidating and seem out of reach for victims.
Fortunately, our lawyers are permitted to work on what is called a contingency fee basis. This means that our lawyers will only get paid if we recover compensation for our clients. Our personal injury clients are permitted to pay their attorney’s fees with a portion of the damages won in their case. Therefore, clients can enlist the services of our attorneys without expensive retainers or hourly fees.
Damages Available in Personal Injury Lawsuits in Joliet, IL
Some injuries will never fully heal, buy monetary compensation is often the best option available to aid victims’ recovery. Accordingly, there are multiple categories of damages available to personal injury plaintiffs in Joliet. Some damages may be easier to prove than others. Our personal injury lawyers can help you recover any of the following damages suffered because of another party’s negligence:
Economic Damages
Economic damages are those that are easier to account for after an accident. Examples of economic losses include medical expenses, lost wages, and property damages incurred because of an accident. Negligent parties can be held liable for any economic damages they cause.
Non-Economic Damages
While non-economic losses may be harder to quantify, they can be potentially devastating for victims. Non-economic damages seek to compensate victims for the physical pain and emotional anguish they suffer because of an injury. A wide range of evidence may be used to establish non-economic damages.
Punitive Damages
In rare cases, punitive damages may be awarded where a defendant’s conduct goes beyond mere negligence and consists of gross negligence or intentional wrongdoing. Punitive damages serve to punish individuals and disincentivize their conduct.
Time Limit to File Personal Injury Lawsuits in Joliet, IL
States impose time limits on filing lawsuits through their statutes of limitations. In Joliet, plaintiffs will have two years from the date of an injury to file a personal injury lawsuit, according to 735 I.L.C.S. § 5/13-202.
Statutes of limitations ensure that lawsuits can be dealt with in a timely manner. Furthermore, as time passes, facts surrounding a case can become stale or unclear. Witnesses and other parties may forget crucial details surrounding an accident. Requiring lawsuits to be filed in a timely manner ensures the evidence required to support a claim will be fresh and discoverable. If too much time has passed since your accident occurred, it might be too difficult to determine the truth in court.
Accordingly, you should contact our personal injury lawyers as soon as possible if you wish to file a claim. Waiting to file a claim could affect your ability to recover compensation.
If you are worried that your time to file your case is running out, ask your lawyer if having the statute of limitations tolled is possible. Tolling essentially pauses the clock on the limitation period, but only under very specific conditions. For example, one of the most common reasons people have the limitation period tolled is because they were under the age of 18 when their cause of action arose. Since minors cannot initiate legal action on their own, the limitation period is paused until they are 18, giving them until age 20 to file the case, according to § 5/13-211(a). Similarly, those with “legal disabilities” may also have the limitation period tolled until the disability is removed. A legal disability may be a mental condition that prevents you from filing your case or understanding your rights.
It is also common for tolling to occur because defendants leave the state after the accident. If a defendant is not within the jurisdiction of the State of Illinois and cannot be brought back within its jurisdiction by long-arm statutes, the limitation period may be tolled under § 5/13-208(a). The clock is paused while the defendant is absent from the state and starts again when they are back within its jurisdiction.
Common Types of Personal Injury Cases in Joliet, IL
Numerous forms of negligent conduct can cause injuries. Accordingly, personal injury lawsuits can come in many forms. The legal analyses that apply to your case can depend on the type of accident that occurred. The following are common types of personal injury cases frequently handled by our personal injury lawyers:
- Car accident cases
- Motorcycle accident cases
- Bicycle accident cases
- Pedestrian accident cases
- Defective or dangerous product cases
- Slip and fall cases
- Construction accident cases
- Medical malpractice cases
- Animal attack cases
How to Get Evidence to Support Your Personal Injury Case in Joliet, IL
Evidence to support your claims might be easy or hard to find. It all depends on the circumstances surrounding the accident. Evidence has a bad habit of disappearing if it is not gathered quickly, so talk to your lawyer and get started as soon as possible.
Physical evidence includes physical items or objects that can be held up in front of a jury to help prove your claims. For example, if you were injured by a defective product and are suing the manufacturer for their negligence, we need the defective product as physical evidence. We could show the jury exactly what was wrong with the product because we would have it with us in the courtroom. If physical evidence is too large to transport to a courtroom, photos and videos of the objects may suffice.
Records and documentation may also come in handy. For example, suppose you are suing your employer because the elevator in your office building malfunctioned and you were hurt. In that case, we might need records of elevator maintenance from your employer. Additionally, medical records can help us rove the severity and extent of your injuries so the jury can more accurately determine damages.
Testimony is a huge evidentiary component in many cases. If anyone was around to see the accident, or you believe people have other personal knowledge about the accident that can help your case, they can testify in court as witnesses. The more witnesses who can back you up, the stronger your case might be.
How Long Personal Injury Cases Can Last in Joliet, IL
Something many plaintiffs worry about is how much time their case will take to complete. While you want justice for your injuries and damages, you also probably want compensation as quickly as possible. Unfortunately, civil cases often take time, and your attorney can help you get an idea of how long your case might take.
Factors that speed things up might include settlements, strong evidence, and quick action on your part. If you forego a trial and accept a settlement offer from the defendant, you might get some of your damages covered faster, and you will not have to go through a court battle. If you opt for a trial, strong evidence can speed things up. When your claims are hard to refute, there might not be much that defendants can do to slow things down. Finally, the sooner you meet with a lawyer and discuss your legal options, the sooner you can begin your case and the faster things might go.
If You Were Injured Because of Another Party’s Negligence in Joliet, IL, Our Lawyers Can Help
If you have been injured because of another party’s negligence, seek assistance from experienced personal injury lawyers by calling the Rhatigan Law Offices at (312) 578-8502 for a free case review.
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