Car crashes are usually unexpected, but that doesn’t mean they’re a rare occurrence in Illinois. Fatal crashes have been trending higher in recent years, according to the Illinois Department of Transportation. And while not every crash ends in a fatality, it’s best to be prepared for the worst whenever your life gets turned upside down.
Injury accident victims are entitled to compensation from the liable party, and working with a knowledgeable personal injury lawyer like the ones at Staver Accident Injury Lawyers, P.C. can give you the best chance at maximum recovery. Let us help you with your Cook County accident needs, no matter how you were injured.
We Work on Various Personal Injury Cases
Personal injury cases fall in a broad practice area of the law, describing several types of accidents. Under Illinois law, you can pursue compensation when someone’s negligent or reckless act hurts you or damages your property. Car accidents are some of the most common personal injury cases. You might also get injured on the job by a defective product or be bitten by a dog.
We can help you with your:
How Are People Hurt in Accidents?
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 Schaumburg injuries include:
- Neck and back injuries
- Head and brain injuries
- Broken or fractured bones
- Post-Traumatic Stress Disorder
- Burns
- Knee Injuries
- Paralysis
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. It’s a type of tort; there are several laws to 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 Schaumburg 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 negligent or reckless behavior. Your case relies on your lawyer’s ability to prove the liable party’s negligence. Legally, negligence means someone was supposed to uphold a duty of care, but once they didn’t, someone else got injured.
When someone is supposed to act reasonably, but they don’t and someone gets hurt, 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: duty, breach of duty, causation, and damages. To win your claim, your attorney must prove each of these elements by showing that the other party:
- Had a duty to act carefully
- They weren’t being careful
- They contributed to the accident that hurt you
- Those injuries cost you
For context, drivers should not be driving under the influence while they’re on the road. If they cause an accident while under the influence, you need to show they were impaired when they shouldn’t have been, and that they caused you harm. In other circumstances, a driver would have been sober, and the accident could have been avoided.
What Compensation is Available in Personal Injury Claims?
Payouts for personal injury claims differ based on the circumstances of each case. You can pursue non-economic and economic damages under Illinois personal injury law.
Also known as monetary losses, your economic damages are out-of-pocket expenses. These are usually 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 challenging to calculate. These damages are conceptual and result from your monetary losses. You might seek damages for your mental anguish, post-traumatic stress disorder, or a change in the quality of life after the accident.
What Factors Influence My Illinois Insurance Claim?
You should be mindful 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 you have to file a claim, and that period starts on the day of your accident. There are exceptions, but in most cases, if you miss the deadline, you don’t have a claim for compensation.
You could also experience complications if the defendant argues you had some liability for your accident. Your payout could be reduced based on the idea of “comparative negligence. If the defendant proves your actions contributed to your injuries, any settlement will be reduced by the same proportion of blame.
So, if you were using your cell phone while driving when the defendant rear-ended you, they can argue you were comparatively negligent. They can show you weren’t paying the full attention you should have while on the road, and so you have some of the blame for any injuries or damages you received. If you won $100,000 in a settlement, but the jury decided you were 20% at-fault for the accident, you would only receive $80,000. You can still pursue compensation if you share less than 50% of the blame.
What Should I Do After an Accident?
The aftermath of an accident can be stressful, especially after dealing with a traumatizing event. You should remember to take some crucial steps to ensure the best chance at securing compensation.
- Seek medical treatment — you need a professional’s opinion of your injuries. It’s essential for your health and can bolster 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 Schaumburg, you need help from a seasoned personal injury lawyer. They can help with your needs and ensure you’re on the road to recovery.
What do I Need to Prove My Claim?
Even when your case seems obvious, you still have to prove the at-fault party was responsible for your damages. You need evidence and a cohesive argument. You can start working on building your case after the accident.
You can use police reports, incident reports, photos, videos, and expert testimony. You’ll work with your attorneys as they dig through possible leads and anything that could contest your claim. Some cases will 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 alone after a Schaumburg accident. But you really shouldn’t have to deal with the stress of fighting insurance companies after their client hurt you. You might not be able to return to work, and your expenses could keep building. If your injuries are severe enough, you may not even be able to return to your previous role. However, an experienced attorney can help you build a case and search for every damage you can recover.
Not only will your lawyer 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 seeking the maximum compensation available. They can closely examine your case, find the weak points in the defendant’s case, handle negotiations, and help you establish a path to recovery. 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 Schaumburg 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 can be traumatic. We’re ready to fight for you, to ensure your claim is heard and that all your legal bases are 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 Schaumburg, you need our help. Call (312) 236-2900 or send a form for a free consultation.
