Injuries from accidents can take a heavy toll on your mind, body, and life. You might be unable to return to work while the hospital bills pile up. You should not have to endure this distress because of someone else’s negligent behavior. A lawyer can help you file a lawsuit to get financial compensation.
You may begin your case by preparing a formal complaint to file with the court. The complaint must contain very specific information about the accident, our evidence, and your damages. You may claim economic and non-economic damages related to the accident. In uncommon situations, plaintiffs may also claim punitive damages. You should speak to a lawyer about starting your case right away, as your time to file it may end soon.
Call the Rhatigan Law Offices at (312) 578-8502 and ask our personal injury attorneys for a free, private case assessment.
How Do I Know if I Have a Personal Injury Claim?
Knowing whether you even have a personal injury claim is not always easy. The hallmark of personal injury cases is that the plaintiff has suffered some form of physical harm. Your injuries do not have to be extremely serious for you to have a valid claim, but they should result in real damages.
Real damages usually consist of injuries significant enough to take an actual toll on your life in some way. For example, if you need to go to the hospital for treatment after an accident, you may claim your medical bills as real damages.
Injuries that are very minor, like small scratches or bruises that do not require medical attention, might not be enough to prove damages.
A good sign that you have a personal injury claim is that you were involved in an accident. Accidents are very common in personal injury cases, and negligence is often at the heart of most cases.
How to File a Personal Injury Case in O’Fallon
Filing a personal injury case is no easy feat, and you should seek help from an experienced attorney as soon as possible.
Our first step is to gather the necessary information to draft a formal complaint. The complaint describes everything about the accident, your injuries, and why we believe the defendant should be held liable. We must have details about you, the defendant, the accident, our evidence, and your damages.
When preparing the complaint, we must include enough evidence to show that you have a valid cause of action. We do not have to present enough evidence to meet our burden of proof, so it is lay to file before we have all the evidence we need.
Once we draft the complaint, we must file it with the right court. Not all civil courts are the same, and our personal injury attorneys will determine which court has jurisdiction over your case.
After filing the complaint, we must serve notice to the defendant and wait for their answer. If we do not serve notice in accordance with strict laws and court rules, the entire case could be dismissed.
Recovering Damages in an O’Fallon Personal Injury Case
Below are some common examples of damages in personal injury cases, although your specific damages may differ.
Non-Economic Damages
Non-economic damages encompass injuries that may not be proven with evidence of monetary expenses. Instead, these damages tend to revolve around painful experiences and are more subjective.
First, we should consider the mental toll of the accident. Was it especially harrowing or traumatic? Do you still deal with psychological injuries like depression, anxiety, or PTSD-like symptoms? If so, you may claim extensive non-economic damages.
Next, we should consider the physical toll of the accident. The pain from your injuries may be excruciating, and you might still deal with residual pain. On top of that, injuries may cause unwanted physical changes or disabilities that are hard to cope with.
Economic Damages
Your economic damages are measured in terms of dollars and cents, and we should gather evidence of costs like credit card statements, receipts, bills, and invoices.
A major economic strain common in personal injury cases is medical bills. You might have been rushed to the emergency room or driven there yourself after the accident. Either way, hospital bills are known to be expensive, and you should claim them among your damages.
In some cases, people lose valuable property that is expensive to repair or replace. Others may be unable to return to work due to their injuries and may claim their lost income as part of their damages.
Punitive Damages
In some cases, courts award punitive damages as a monetary punishment for the defendant in addition to economic and non-economic damages. However, these damages tend to be rare and difficult to prove.
According to 735 I.L.C.S. § 5/2-1115.05(b), we must prove by “clear and convincing evidence” that the defendant acted with an evil motive or outrageous and reckless indifference to a highly unreasonable risk with conscious indifference toward others’ safety or rights.
This is a very high burden of proof, and the circumstances warranting punitive damages do not exist in every case. As such, these damages tend to be uncommon.
When to File a Personal Injury Case
You have a limited time in which to file a personal injury case after you are injured. If your time runs out, you might never get fair compensation for your injuries.
The statute of limitations in Illinois under 735 I.L.C.S. § 5/13-202 gives you 2 years to file your case. Your time starts on the same day as the accident, so time is of the essence.
If you cannot file your case due to reasons beyond your control, your attorney can help you have the statute of limitations tolled, and your time may be extended. Tolling is sometimes possible for minors and people with legal disabilities.
According to § 5/13-211(a), the clock does not start ticking for a minor plaintiff until they turn 18. Similarly, those with a legal disability (e.g., a mental condition that prevents them from filing their case) may have the statute tolled until the disability is removed.
Call Our O’Fallon Personal Injury Lawyers to Discuss Your Claims
Call the Rhatigan Law Offices at (312) 578-8502 and ask our personal injury attorneys for a free, private case assessment.
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