Personal injury accidents can be disruptive or even traumatizing. Whether driving to a Wildcats game or just going about your day, a car accident could overturn your life and cause extreme grief. According to the Illinois Department of Transportation, fatal crashes are trending up in the state. Even if the crash isn’t deadly, you should be ready to take care of yourself and your family.
When you’re hurt by someone’s negligence, you have the right to pursue compensation from the liable parties. You can trust the team at Staver Accident Injury Lawyers, P.C. to help you achieve maximum compensation as you recover. When you’re in a Cook County accident, we’re the personal injury firm to work with.
Types of Personal Injury Cases We Handle
There is a variety of personal injury cases. Under Illinois law, you can pursue compensation from the at-fault party if their negligent or reckless behavior caused damages or injuries. Car accidents are a common example of personal injury claims, but there are other accidents you can seek recovery for. You might have been attacked by a dog, or you could have been hit while walking at the Lakefill.
Our personal injury attorneys with Staver Accident Injury Lawyers, P.C. can help with your:
What Are Illinois’ Personal Injury Laws?
Under Illinois law, you could be entitled to a personal injury claim after someone harms you or your property. There are several laws that explain when you can file a claim and how much your claim is worth. Our Illinois personal injury lawyers will be able to discuss your Evanston case details to help you calculate your possible compensation.
How Does Negligence Affect My Personal Injury Case?
To win compensation for your personal injury, you must prove the at-fault party caused your injuries or damages through negligence. Your case relies on your lawyer’s ability to prove the liable party’s fault. Legally, negligence means someone was supposed to uphold a duty of care, but once they didn’t someone else got injured.
People are expected to act like a reasonable person should. When they don’t and someone gets hurt or is killed, they can be found negligent. Your attorney must prove the elements of a negligence case to win compensation.
The Elements of Negligence
There are four parts to every negligence claim. There is a duty to be safe, a breach of that duty, causation, and then damages. To win your claim, your lawyer must show that the other party:
- Had a duty to act carefully
- They did not uphold that duty
- They contributed to the accident that hurt you
- Those injuries cost you
For context, drivers need to follow the rules of the road. If you’re driving on Church Street and someone drives against traffic and hit you head-on, you will probably have severe injuries and significant damage. The other driver should not have been driving against the flow of traffic on a one-way street, so they’re largely at fault for your losses.
What Types of Injuries do Accidents Cause?
Although some accidents will cause similar injuries, your case will be unique to the kind of injury you have. You could have more than one injury, too. Each will need to be examined for your insurance claim.
Some examples of Evanston injuries include:
- Broken or fractured bones
- Post-Traumatic Stress Disorder
- Neck and back injuries
- Knee Injuries
- Head and brain injuries
- Burns
- Paralysis
What Compensation is Available in My Evanston Personal Injury Claim?
Settlements for personal injury claims differ based on each case. You can pursue non-economic and economic damages under Illinois personal injury law.
Your monetary losses, also known as economic damages, are out-of-pocket expenses. These are typically easier to calculate with good record-keeping. You can pursue compensation for your past and future expenses, like your medical bills, lost wages, or property damage.
Non-economic losses might be more difficult to quantify. These damages are conceptual. They result from your monetary losses. You might seek damages for your mental anguish, post-traumatic stress disorder, or a loss of consortium after the accident.
What Factors Influence My Illinois Insurance Claim?
You should be aware of anything that might reduce your claim or eliminate the chance of collecting compensation. Illinois has a statute of limitations of two years for personal injury claims. That’s the deadline to file a claim. It starts on the day of your accident. There are exceptions, but in most cases, once you’re past the deadline you don’t have a claim for compensation.
You could also experience hurdles if the defendant argues you share fault for your accident. Your payout could be reduced based on the idea of “comparative negligence.” If the defendant proves your actions added to your injuries, any settlement will be reduced by the same proportion of blame.
So, if you were using your cell phone when the driver from the example above drove the wrong way, there might be an argument you shared blame for the accident. They can show you weren’t paying attention while you were driving, and you should have reacted to their mistake.
They’ll say that you have some of the blame for any injuries or damages you received. If you won $500,000 in a settlement but the jury decided you were 20% at-fault for the accident, you would only receive $400,000. You can still pursue compensation if you share less than 50% of the blame. Beyond 50% shared fault, state law says you are not entitled to recover damages.
What to do After an Accident?
The aftermath of an accident can be stressful. In the moments after an injury accident, you should remember to take some crucial steps to ensure the best chance at securing compensation.
- Seek medical treatment — you need a professional’s evaluation of your injuries. It’s critical for your health, and it can support your insurance claim. If you aren’t taken from the scene of the accident, schedule an appointment as soon as possible.
- Notify Your Insurance — you need to contact your insurer and the at-fault party’s insurer of your intent to file a claim. This will start the claims process.
- Contact an Illinois Personal Injury Lawyer — when you’ve been hurt in Evanston, you need help from a seasoned personal injury lawyer. They can help with your needs and ensure you’re on the road to recovery.
How Can I Prove My Claim?
Even if your case seems clear-cut, you still have to prove that the at-fault party caused your damages or losses. You need evidence and a cohesive argument. You can start working on your case after the accident.
You can use police reports, incident reports, photos, videos, or expert testimony. Your attorneys can help uncover possible leads and find anything that might dispute your claim. Some cases have more documentation than others, so it’s critical to work with an attorney who can help you find every thread possible.
Do I Really Need an Illinois Personal Injury Lawyer?
It is possible to file a claim on your own after a Evanston accident, like if you were hurt by a city crew in Merrick Park. You really shouldn’t have to deal with the stress of fighting insurance companies alone.
You might not be able to return to work, and if you’ve been injured, you’ll just keep getting more bills. If your injuries are severe, you may not even be able to return to your role from before the accident. An experienced attorney can help you build a case and search for every damage you can recover.
Not only will your attorney be able to work with the at-fault party’s insurer, but they will also use their knowledge of Illinois tort claims to ensure you’re fighting for the maximum compensation possible. They can search through your case, and help you establish your path to recovery. They can find the flimsy points in the defendant’s case, and they’ll handle negotiations for you. Your lawyer should care about your health and your case, seeing you as more than a payout.
Call Our Illinois Personal Injury Lawyers Now
If you’re hurt in Evanston because of someone’s negligence, you deserve the representation you need to help you recover your damages. At Staver Accident Injury Lawyers, P.C., we know that accidents are traumatic, and the aftermath can be confusing, if not unnerving. We’re ready to fight for you to ensure your claim is heard, and that you have all your legal bases covered.
Our team of seasoned personal injury lawyers have successfully recovered millions in compensation for our clients. We use a “no win, no fee, policy,” meaning you don’t pay if we don’t win your case. If you’ve been hurt in Evanston, use our experience. Call (312) 236-2900 or send a form for a free consultation.
