Many people are only one bad accident away from financial ruin. If you get hurt because of someone else’s careless actions, they should cover your costs and damages. An attorney can help you file a personal injury claim to get you the monetary compensation you deserve.
Your time to submit your case is limited, and many plaintiffs have only 2 years, barring special circumstances. When preparing your case, we must gather information, evidence, and records related to the accident to help us prove your claims. Police reports, medical records, and evidence from the accident scene should be obtained immediately. How long your case may last is hard to say, and some take longer than usual if defendants are criminally charged for their actions.
Get a free initial case review by calling the Rhatigan Law Offices at (312) 578-8502 and speaking to our personal injury lawyers.
When to Speak to a Lawyer About Your Personal Injuries
If you were hurt in an accident, it is imperative that you contact a lawyer as soon as possible. The sooner you contact a lawyer, the more time you have to prepare your case.
Our personal injury attorneys must file your case before the limitation period set by the statute of limitations runs out. In Illinois, under 735 I.L.C.S. § 5/13-202, personal injury plaintiffs have only 2 years from the day they are injured to file a case in court. If you do not file anything during this time, you may be time-barred from filing anything.
Under limited circumstances, you may have the statute tolled and your time to file extended. For example, tolling may be available for the defendant’s absence from the state. Under § 5/13-208(a), if a defendant leaves the state and cannot be reached by long-arm statutes, their time outside Illinois is not counted toward the limitation period.
The sooner you meet with an attorney, the sooner they can begin collecting evidence. Evidence tends to become lost if it is not collected quickly enough, and your attorney may need time to find everything you need.
Records You Should Keep or Obtain for a Personal Injury Case in Mundelein
Evidence is everything in a personal injury case, and it may be found in certain records related to your accident.
First, we should obtain copies of records directly related to the accident. If the police investigated the incident, there may be police records with details about evidence uncovered by law enforcement. We should also review any photos or videos recorded during or shortly after the accident.
We should also obtain copies of your medical records from when you were treated for your injuries. These records may help us prove the severity of your injury and the extent of your medical costs. They can be particularly helpful in cases involving complex or severe injuries.
If you sue a business, we can demand copies of certain business records from the defendant during the discovery phase. Business records may shed light on whatever caused the accident.
For example, if a negligent employee injured you, business records might show that their employer failed to properly train them for the job.
Factors That Determine How Valuable Your Personal Injury Case Is
Various factors may influence the value of your claims and potential compensation. You should discuss these factors with your attorney as soon as possible.
Your Injuries
Your injuries are a major factor in determining damages. Generally, the more severe your injuries are, the higher your damages are.
Severe injuries often result in higher hospital bills and increased pain. This usually means greater economic and non-economic damages for plaintiffs.
Your Job
Another factor in your damages is your job. If you cannot work due to your injuries, you may claim lost income.
How long you cannot work and your income level may determine the value of your lost income. If you cannot return to work for a long time or you are a high-income earner, your damages may be much higher.
The Defendant’s Behavior
We should also consider the defendant’s behavior during the accident. Shocking or outrageous actions from the defendant tend to make a jury more sympathetic toward the plaintiff. If the defendant was especially callous or uncaring after causing severe injuries, you might claim greater damages.
In some cases, a defendant’s behavior is so egregious that the plaintiff can claim punitive damages. These can be very high in some cases, and you should discuss punitive damages with your lawyer.
What if the Defendant in a Mundelein Personal Injury Case is Criminally Charged?
Personal injury cases often involve accidents and serious injuries but not necessarily criminal charges. However, depending on the defendant’s actions, they could be charged for the accident.
If the defendant in your case is facing criminal charges, your civil case may be put on hold. Criminal trials and investigations tend to take priority over civil claims. However, we should file anyway to avoid running afoul of the statute of limitations.
Waiting for a criminal trial may have certain benefits. If the defendant pleads guilty or is found guilty, we can use this as evidence in our civil case.
How Long Your Personal Injury Case May Take
Plaintiffs typically want compensation as quickly as possible, but this is not always easy. How long your case takes depends on numerous factors surrounding your case.
Your case could take longer to complete if we have less evidence, the defendant refuses to cooperate, or the facts are especially complicated. Generally, these things require more time to deal with, and you might wait longer to get compensation.
Other factors might help you speed things up. If our evidence is strong, the defendant might be more willing to offer a favorable settlement, and the case may finish faster. Also, when the parties are more cooperative and willing to stipulate more facts, the case may take less time to try in court.
Contact Our Mundelein Personal Injury Attorney for Legal Support
Get a free initial case review by calling the Rhatigan Law Offices at (312) 578-8502 and speaking to our personal injury lawyers.
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