Physical injuries are common in legal claims. While these cases may span various accidents and injuries, many tend to fall under the legal umbrella of personal injury law.
Our legal team has experience with a whole host of personal injury claims, including, but certainly not limited to, car crashes, slip and falls, aviation accidents, train accidents, and wrongful deaths. While the injuries and damages vary from case to case, plaintiffs may recover significant compensation if their injuries are serious. Talk to an attorney immediately to determine how serious your injuries are and how much compensation you might be entitled to. To prove your claims for damages, we need strong evidence. Photos and videos from the accident scene, witnesses, and medical records are just a few important pieces of evidence we can search for. It is unwise to try to handle your case alone. An experienced personal injury attorney can help you file your case and see it through to the end.
For a free, private case evaluation to begin, call our personal injury lawyers of the Rhatigan Law Offices at (312) 578-8502.
How Long You Have to File a Personal Injury Claim in Skokie, IL
A time limit is placed on virtually every type of personal injury claim known as the “statute of limitations.” Under 735 I.L.C.S. § 5/13-202, most injury victims have two years to file a lawsuit. This time usually starts counting down from the moment you are injured, so it is important to start your case immediately. Additional evidence can be gathered during the time before we need to file if we start soon enough. The court will not hear claims filed after the limitations period closes unless an exception applies.
For instance, injury victims younger than 18 will have the statute of limitations paused until they become an adult and will have two years from when they turn 18 to file their lawsuits, according to § 5/13-211(a).
People with a legal disability can also get the limitations period tolled for the time the disability prevents them from understanding and exercising their right to file a claim. They will have two years to file from the date the disability is removed enough to bring an action. However, § 5/13-211(b) creates a statute of repose, which bars any claims tolled for a disability from being filed 10 years from the date the legal disability was adjudicated.
Personal Injury Cases Our Skokie, IL Legal Team Has Handled
Personal injury claims might involve a lengthy list of accidents and injuries. With so many possible claims, hiring a lawyer with experience handling claims like yours is important. You would not hire a lawyer who does only car accident cases for your wrongful death case. Below are just a few cases with which our legal team is familiar.
Auto Accidents
Car crashes are among the most commonly filed personal injury claims. Car accidents happen daily, and people are regularly hurt and need financial compensation. Some common causes of car accidents include distracted drivers, alcohol consumption, speeding, and a general disregard for traffic laws.
Damages in car accident cases should cover medical costs, property damage, and various other financial expenses. Our personal injury lawyers will help you calculate the cost of the accident and add it to your overall damages. You should also claim damages for non-economic injuries, like physical pain and emotional distress.
Slip and Falls
Accidents where someone slips and takes a nasty fall are way more dangerous than people realize. While these accidents are embarrassing, victims might be badly injured and need emergency medical care. For example, you might slip on an icy walkway in the winter, or maybe you fell down the stairs in your office because the stairs were damaged and uneven. The person who owns the property where you fell might be responsible if they negligently maintained the premises, thereby creating the hazardous conditions that caused you to fall.
Aviation and Train Accidents
Thousands of people take trains and planes every day. With so many people using these forms of transportation, it is no wonder that aviation and train accidents are common. While major train and plane crashes are less common, they are still possible.
More common accidents involve incidents on planes, trains, and in airports and train stations. You might be hurt by unsafe conditions at the airport gate of your flight. You might get badly hurt when a train door suddenly slams shut right on your hand. Not all accidents are major disasters, but people are still badly hurt and should call a lawyer.
Wrongful Death
Some cases do not involve injuries to the plaintiff but to someone in their family. If your family member was so badly injured in an accident that they did not survive, you can file a wrongful death claim. These claims often include personal injury claims the deceased person could have brought themselves had they survived. These cases often involve high damages, and you should speak to an attorney immediately.
Damages You Might Recover in a Skokie, IL Personal Injury Case
Damages in personal injury cases may be as varied as the accidents claimed by plaintiffs. Damages are usually rooted in two broad categories of injuries: economic and non-economic. These are known as “compensatory” damages, as they pay you for the losses you suffered. Another category of damages is “punitive,” which are awarded to punish a defendant rather than compensate a victim.
Economic Damages
Economic injuries are losses and injuries that cost the plaintiff money. As you can probably guess, these damages may be measured in actual amounts of money. It is crucial that you record all the expenses you incurred from the accident. Save all your receipts and make notes of what you spend.
Some common economic damages that often add up to a large sum of money are medical bills, property damage, and lost income. After getting hurt in an accident, you should seek immediate medical care even if you do not think your injuries are that bad. Treatment for even minor injuries may be very expensive, and serious injuries tend to lead to big hospital bills.
In many cases, people lose valuable personal property. If you are in a car accident, you can claim the cost of repairing or replacing your vehicle. If other personal items are damaged, you can claim their value, too.
If you are so injured that working is no longer possible, our team can assist you in calculating your lost income and adding it to your overall damages. This may include lost future income if you cannot work beyond the trial.
Non-Economic Damages
Non-economic injuries are based on subjective experiences rather than concrete monetary value. For example, many plaintiffs claim damages related to physical pain, psychological distress, damage to their reputation, humiliation, and the loss of enjoyment of their life.
Punitive Damages
In rare cases, the court will award punitive damages because the defendant’s conduct was more appalling than mere negligence. To recover punitive damages, you must show that the defendant’s conduct was committed with an evil motive or a reckless and outrageous indifference to a highly unreasonable risk of harm, as well as a conscious indifference to the safety and rights of others, according to 735 I.L.C.S. § 5/2-1115.05(b).
The defendant’s evil motive or reckless indifference must be proven by “clear and convincing evidence,” which is a higher bar than the “preponderance of the evidence” standard used when proving the damages above. A preponderance of the evidence means that it is more likely than not that the claims are true. Clear and convincing evidence refers to the level of proof that will convince the court that there is a high degree of certainty that the allegations you are trying to establish are true. Basically, clear and convincing evidence must be more persuasive.
However, punitive damages will only be awarded if the plaintiff is awarded actual damages, as per § 5/2-1115.05(a). Further, punitive damages are capped at three times the amount of economic damages awarded to the victim. This limitation will not apply, though, if a plaintiff is seeking compensation for death, bodily injury, or property damage for which the defendant has been charged and convicted of a crime that includes a period of incarceration as part of the sentence, according to § 5/2-1115.05(d).
How to Gather Evidence for a Personal Injury Case in Skokie, IL
Evidence in a personal injury case might include almost anything. What we are looking for depends on the nature of your injuries and how the accident occurred.
Photos and Videos
One example of good evidence is photos and videos taken from the accident scene. If you snapped a few pictures of the accident, they might make for great evidence in the courtroom. Similarly, we might find security camera footage of the accident.
For instance, a slip and fall accident in a store might have been recorded on security cameras or a car accident was captured by a residential doorbell camera. You might have had a dashcam installed and recording when another driver crashed into you, or they might have the footage from their dashcam. Our team will immediately investigate to determine if footage exists. We can also get it from the defendant during discovery if it is in their possession.
Witness Testimony
Another example of strong evidence is witness testimony. If you were injured in a place other people could see, they can testify in court about what they saw. Their testimony might be extremely powerful if they saw exactly what the defendant did to cause the accident.
Medical Records
We need your medical records to help us prove damages regarding the extent and severity of your injuries and the cost of medical care. This is very important in cases where the plaintiff recovers from their injuries by the time of the trial. Your medical records might be the only evidence we have that you were badly hurt.
Accident Reports
Accident reports often prove crucial in personal injury claims. They can provide basic information about the incident, such as when and where it occurred, as well as eyewitnesses who provided statements.
If you were injured in a car accident, you should call the police so they can investigate the crash. The investigating officers will report the details of the crash, the parties involved, and whether a citation was issued. Witness statements should be in a police crash report, but our team can also get their contact information from the report and interview them during your case.
Perhaps you were injured on another person’s property, like a slip and fall in a business. If so, you should report it to the business or manager on duty right after. Critical details will also usually be included in these reports and might contain information we can use against the business. We can demand the defendant turn over any reports or communications regarding your incident during litigation.
Expert Testimony
Expert testimony is often used to prove cases where liability is in question or the injuries and damages are challenging to understand.
For example, we will typically work with accident reconstruction experts if it is difficult to prove how a defendant caused a car accident. They can review the evidence to determine how fast both drivers were going and the severity of the impact. Medical experts can explain how your injuries will cause long-term issues that should be compensated. They can also testify to support your claim for non-economic damages. Our team can identify when expert testimony will support your claim.
Contact Our Personal Injury Lawyers in Skokie, IL for Legal Help Now
For a free, private case evaluation to begin, call our personal injury lawyers of the Rhatigan Law Offices at (312) 578-8502.
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