A personal injury case stems from an individual suffering harm due to another person’s negligence, carelessness, or intentional actions. Several areas of law are encompassed by the term “personal injury” due to the many ways someone could become harmed because of someone else.
If you sustained severe harm due to the actions or inactions of another, enlist the help of an experienced attorney to evaluate your case. A Champaign personal injury lawyer understands your legal rights and can help guide you through the process and maximize your compensation for your damages.
Important Elements in Champaign Civil Lawsuits
In a claim like this, you need to establish that another party was responsible for your damages to recover compensation in a settlement or trial. Under Illinois law, a claim based on negligence commonly requires establishing that someone else owed a duty of care to you, the duty of care was breached, the breach caused you harm, and the you suffered actual damages.
A knowledgeable Illinois injury attorney could aid you in determining if all of these elements apply to your case.
Recoverable Damages in Personal Injury Cases
Under Illinois law, you may seek recovery for many types of damages through a civil claim. Some of the common losses that you could seek recovery for include:
- Past and future medical bills
- Lost wages and loss of future earning capacity
- Property damage
- Pain and suffering
- Loss of the enjoyment of life
- Emotional distress
- Disability and disfigurement
- Ongoing expenses for medical care
In cases involving the loss of a spouse, compensation for loss of consortium may also be available. A skilled Champaign civil attorney understands the many forms of damages that you may seek compensation for and how to aggressively fight for a positive outcome.
What Could Limit a Claimant’s Recovery?
In a case like this, time limitations, insurance coverage, and determining who bears full or partial fault for the accident can limit the amount of compensation you could receive for your damages. A knowledgeable Champaign attorney understands the complexities of personal injury lawsuits and could help you effectively avoid these obstacles to recovery.
Statute of Limitations
The state of Illinois has a statute of limitations that apply to personal injury claims. Under ILCS § 5/13-202, an injury claim typically must be filed two years from the time of the accident. In certain cases, exceptions exist that may lengthen or shorten the amount of time to file a claim. The best way to determine what deadlines apply to your specific claim is to speak with a knowledgeable Champaign personal injury lawyer to discuss the facts and circumstances of your case.
As a practical matter, the value of your claim may be limited by what sources of recovery are available to compensate you for your losses. In many cases, this is question of what insurance coverage is available. A resourceful Champaign injury lawyer can investigate your case and help you by identifying all potential insurance policies that may be available to compensate you for your losses. One of the biggest mistakes an injured person can make is failing to identify a potential source of recovery for their damages. Common sources of recovery include:
- An at-fault driver’s liability insurance policy in car accident claims;
- Your own uninsured or underinsured motorist policy in car accidents where you have more coverage than the at-fault party;
- A homeowners, renters, or liability policy for cases like premises liability actions or dog bite claims;
- The at-fault party’s personal umbrella liability policy;
- A commercial liability policy if you were injured in the course of the at-fault party’s employment; or
- The personal or corporate assets of the at-fault party.
The amount of recovery could be affected by any negligence demonstrated by the plaintiff. Under Illinois Compiled Statutes § 5/2-1116, you may be barred from recovery if the defense proves that your contributory fault for the accident is greater than 50 percent. If your contributory fault is not greater than 50 percent, then your recovery will be reduced by your percentage of liability.
Contact a Champaign Personal Injury Attorney Today
Being hurt in an accident can result in substantial physical, emotional, and financial losses. If your injuries or losses resulted from someone else’s negligent or wrongful conduct, a compassionate and helpful attorney could evaluate your case to determine your legal options.
A Champaign personal injury lawyer could help ease your burden and fight for the compensation you deserve. Call our office today to get started with your free case evaluation.