Not every accident or injury results in criminal charges against wrongdoers, but that does not mean you cannot obtain justice. Our team can help you file a personal injury lawsuit against the person who hurt you, and you may get fair compensation.
To start your claim, talk to a lawyer about your injuries. Often, plaintiffs spend weeks or even months with their lawyer just preparing their case before filing it. We need to assess the strength of your claims and possible legal strategies. We must also evaluate your damages and calculate the amount of compensation you rightly deserve. We have to include some evidence of your claims and damages to show the court that your claims have merit and deserve a trial. Our team has experience with numerous personal injury claims. This area of law is very broad, and numerous accidents and injuries may be considered personal injuries. Damages might be quite considerable, depending on the extent of your injuries and losses.
For a free, private evaluation of your case, call our personal injury attorneys with the Rhatigan Law Offices at (312) 578-8502.
How to Begin a Claim for Personal Injuries in Peoria, IL
Initiating a claim for personal injuries can be a lot of work. Often, most of the work that goes into a case occurs during the preparation phase, not in the courtroom. To start your case, talk to a lawyer about your injuries, potential damages, and effective legal strategies.
When getting your claim ready, our personal injury attorneys will assess your injuries to determine the extent of your damages. Although damages are not awarded until the end of a case, they must be evaluated and claimed at the very beginning. A thorough assessment is important because adding damages we forgot about might be difficult once the case is filed.
On top of that, we need to find some evidence to support your claims. Without evidence, the court will think your claims are baseless and possibly reject your case. We do not have to have all the evidence, but we at least need some to show your claims have merit.
When ready, we can draft and file your formal complaint with the courts. At the same time, we must make sure that the defendant is served with proper notice of the lawsuit. Notice requirements are very strict, and your whole case might be in jeopardy if notice is not served.
Examples of Personal Injury Accidents and Injuries in Peoria, IL
There are numerous legal claims a person might file, and personal injury claims make up a very large portion of cases filed annually. Personal injury law is vast, and a wide assortment of injuries and accidents are included. If you experienced some bodily injury at the hands of another, you might have a personal injury claim. Below are some cases and claims our office has handled and can help you with.
Construction Accidents
Construction zones are known for being dangerous, and the general public is supposed to be kept out. When accidents happen, construction workers or people passing by might be hurt. Falling accidents and injuries from tools and machinery are very common. An attorney can help you determine what created the hazardous conditions on the site and determine who is responsible.
Auto Collisions
Accidents on the road are among the most commonly filed personal injury claims. Whether your accidents resulted in minor damage or you were left with devastating injuries, you deserve fair compensation from the other negligent driver. Speed, failing to signal, reckless driving, and intoxication behind the wheel are common causes of auto accidents.
Nursing Home Injuries
Some injuries happen when we are in extremely vulnerable positions. If your loved one was injured in a nursing home, our team can help you and your loved one sue for damages. People who live in nursing homes often need assistance caring for themselves, and they rely heavily on nursing home staff. When the people in charge are negligent, nursing home residents get hurt.
Slip and Falls
Sometimes, people disregard injuries from slip and fall accidents. Often, these kinds of accidents are more embarrassing than dangerous. However, in some accidents, victims are very badly hurt. If you were injured in a slip and fall accident, you can sue the owner of the property where your accident happened. Property owners have a legal obligation to make their property safe for guests. This includes private homeowners and business owners.
Accidents at Work
People are injured at work all the time. Whether you work in an office, in a factory, or you travel for work, you can sue the person or people responsible for the accident. Often, employers are responsible for creating dangerous working environments that lead to harmful accidents. Other times, third parties might be implicated. For example, you might sue the manufacturer of the faulty equipment that injured you while you were working.
Wrongful Death
If an accident or other personal injury results in death, the family of the victim may sue the negligent party for wrongful death. For example, if your family member passed away after being hurt in a car accident, you can sue the driver responsible. Damages in these kinds of claims can be high, and you can claim damages for your losses in addition to the losses experienced by your loved one before they passed away.
Train and Aviation Accidents
People rely on transportation services like trains and airplanes for their travel needs. If the train or airline creates unsafe conditions that lead to accidents, you might have a strong personal injury claim. Remember, the plane or train does not necessarily have to be involved in a crash or collision. Even slip-and-fall accidents on the train or in the airport may lead to worthwhile claims.
Medical Malpractice
If you are hurt by a doctor’s negligence, you can sue them for providing medical treatment that did not meet standards of care, resulting in your injuries. Surgeries gone wrong, misdiagnoses, mismanagement of medication, and a failure to advise or warn about treatment risks are common examples of medical malpractice claims.
Evidence Needed to Support a Peoria, IL Personal Injury Case
Personal injury cases cannot succeed without evidence. In fact, your case likely will not even see the inside of a courtroom if we do not have any evidence to back up your claims. Where we find evidence will vary based on the unique facts and circumstances of your case. Below are just a few examples of evidence that come up frequently and may be worth looking into.
First, we should review your recollection of the accident. If you have clear memories of what happened, we should consider having you testify in court. Your testimony may be crucial if you witnessed important details necessary to prove the defendant’s liability. This is not always possible, as accidents can be fast, scary, and traumatic. Many plaintiffs cannot remember what happened, or they were injured and lost consciousness. Your attorney can help you evaluate your own testimony.
Even if you cannot clearly remember exactly how the accident happened, other people might. Eyewitnesses can be called upon to testify about what they saw during the accident. If you were in a car crash, other drivers might have seen what happened and stopped to help. They can testify about what they know. Witness testimony can be very powerful, especially when it is clear and witnesses are confident in their recollection of events.
Photos or videos from accident scenes can also be used as evidence if they help us establish important facts about the case. Many people take photos after an accident to send to insurance companies, and security cameras in the area might have recorded the accident on video. These recordings can be used as evidence in the courtroom.
What Your Personal Injury Case Might Be Worth in Peoria, IL
It is not unfair to ask what your claims might be worth. Plaintiffs often need to know what kind of financial compensation is at stake before they decide to move forward with a lawsuit. Civil injury lawsuits can be complicated and time-consuming, and you need to be sure that your damages are worthwhile.
Non-Economic Damages
Non-economic injuries include damages, losses, and experiences that might not have cost money or cannot be proven with records of costs like receipts. For example, if your injuries were very painful, you might claim damages for pain, which are hard to tie to any specific dollar amount. Also, if the accident was intense or traumatic, you can claim distress and emotional suffering or psychological injuries. Again, these are subjective experiences that are unique to each plaintiff.
In some cases, non-economic injuries are severe. For example, scarring, serious disfigurements, or permanent medical complications might cause a person’s quality of life to significantly diminish. You might be unable to enjoy your life in the ways you used to. These painful experiences warrant fair compensation.
Economic Damages
Your economic damages may be proven by records of costs and expenses. As such, it is important to hang onto bills, receipts, and invoices for costs related to your accident. Even small costs like the cost of gas to get to and from the hospital for treatment should be accounted for, as they can add up to significant sums of money.
Medical costs can be a major contributor to economic damages. Even one visit to the ER can cost hundreds or even thousands of dollars. Those in need of more extensive or long-term cases might spend even more. Some people have medical needs so complex that they must continue seeking treatment for years or even forever. In such cases, medical bills might be worth millions.
We must also take property damage into consideration. Was your vehicle totaled in a car accident? Maybe you lost your wedding ring or an expensive watch during the accident. Perhaps your cell phone or a laptop computer was damaged or destroyed. The cost of repairing or replacing damaged property can be very expensive. Your lawyer can help you take stock of the property you have lost and how much it is worth.
Your injuries might hinder you from going back to work. As a result, you might lose valuable income during a time when you desperately need it. For some, returning to full-time work is impossible because their injuries are so debilitating. In such cases, the value of lost wages, including estimations of lost future income, may be very high.
Punitive Damages
In rare cases, courts may award punitive damage as a way to punish defendants for extremely bad behavior. These damages are available under very limited circumstances, and they can be difficult to prove. According to 735 I.L.C.S. § 5/2-1115.05(b), we need to prove by “clear and convincing evidence” that the defendant caused the accident with an evil motive. This might mean they deliberately caused harm or meant for someone to get hurt. Alternatively, we need to prove that the defendant’s behavior constituted reckless indifference to very unreasonable risks of danger or harm and that they had a conscious indifference to the safety of others.
Call Our Peoria, IL Personal Injury Lawyers for Help Now
For a free, private evaluation of your case, call our personal injury lawyers at the Rhatigan Law Offices (312) 578-8502.
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