Our clients often come to us with the same urgent questions after an accident — about medical bills, insurance companies, and what comes next. Our Chicago injury attorneys have compiled straightforward answers based on years of experience helping Illinois residents recover compensation and peace of mind.
Explore these FAQs to better understand your rights, and don’t hesitate to contact us for a free, no-risk consultation about your unique situation.
A personal injury case arises when someone suffers physical, emotional, or financial harm because another person or business was careless or reckless. Illinois tort law allows injury victims to file a claim for compensation when negligence results in damages such as medical bills, lost income, or pain and suffering. Common examples include car accidents, falls, and defective products. A personal injury lawyer can help determine whether your situation qualifies.
Negligence means failing to act with the reasonable care that a prudent person would exercise under similar circumstances. To win a personal injury case in Illinois, your attorney must prove four elements: duty, breach, causation, and damages. This means showing that the defendant owed you a duty of care, violated it, and caused measurable harm. Proving negligence is essential to holding the at-fault party financially responsible.
Under Illinois law, most personal injury lawsuits must be filed within two years of the accident or injury date, according to 735 ILCS 5/13-202. Missing this deadline usually means losing your right to compensation. Some exceptions apply, for example, minors or claims against government entities have different time limits. An attorney can review your case and ensure all filings meet Illinois’ strict deadlines.
Illinois follows a modified comparative negligence rule, which means you can still recover compensation if you are less than 50% responsible for the accident. However, your award will be reduced by your percentage of fault. For example, if you are 20% at fault for a $100,000 verdict, you can recover $80,000. Determining fault accurately is key to maximizing recovery.
You can recover economic damages for measurable losses such as medical expenses, property damage, and lost wages, as well as non-economic damages for pain, emotional distress, or loss of enjoyment of life. In cases of gross negligence or intentional misconduct, Illinois law may also allow punitive damages to punish wrongdoing. Your attorney will calculate all current and future losses to pursue full and fair compensation.
A claim is the first step, usually filed with an insurance company to seek compensation without going to court. If the insurer refuses a fair settlement or denies liability, your lawyer may file a lawsuit in the Cook County Circuit Court to protect your rights. Lawsuits involve formal discovery, motions, and possibly a trial.
Strong evidence is crucial. This may include police reports, photos or videos of the scene, medical records, and witness statements. Your attorney may also use expert testimony to establish liability or document long-term harm. The more comprehensive your evidence, the greater your leverage.
You can still recover damages if your accident aggravated or worsened a pre-existing condition. Illinois courts apply the “eggshell plaintiff” rule — defendants must take victims as they find them. This means even if you were more vulnerable due to a prior injury, the negligent party remains responsible for the additional harm caused. Medical documentation linking your current condition to the incident will strengthen your case.
Every case is different. Minor claims may settle within a few months, while serious or disputed cases can take a year or more. Factors like medical recovery, insurance cooperation, and court schedules affect timing. A proactive attorney can keep your case moving efficiently and ensure you’re not pressured into an unfair settlement.
Your first step is to contact a qualified Chicago personal injury lawyer for a free consultation. They’ll evaluate your situation, identify responsible parties, and explain your legal options. Once retained, your attorney will handle all communications, gather evidence, and negotiate on your behalf. Acting quickly ensures your claim is protected and maximizes your chances of a strong recovery.
Illinois operates under a fault-based system, meaning the person or business responsible for the accident must pay for damages through their insurance policy. You must prove negligence before recovering compensation. Unlike “no-fault” states, Illinois allows you to pursue claims directly against the at-fault party for medical bills, lost income, and pain and suffering.
UM/UIM coverage protects you if you’re injured by a driver who has no insurance or insufficient coverage to pay your damages. In Illinois, this protection applies to you, your passengers, and sometimes household members injured in a crash.
Policy limits are the maximum amount an insurer must pay under the insured’s policy. If your damages exceed those limits, you may need to pursue the at-fault party’s personal assets or another liable entity, such as an employer. A personal injury lawyer can identify all possible coverage layers, including commercial or umbrella policies, to maximize your compensation.
Initially, your health insurance or MedPay coverage can cover medical costs while your case is pending. The at-fault party’s insurer typically reimburses these expenses once liability is determined. Your attorney can help coordinate payment and ensure your providers are reimbursed properly after settlement. This prevents medical debt from derailing your recovery while your claim progresses.
Insurance adjusters are trained to minimize payouts and may use your statements against you. In Illinois, you’re not legally required to provide a recorded statement without representation. Your lawyer can handle all communications to protect your rights and ensure accurate information is provided.
Insurers must provide written reasons for a claim denial under Illinois law. Denials can result from disputes over fault, coverage limits, or incomplete documentation. Your attorney can appeal the decision, submit additional evidence, or file a lawsuit if the insurer’s denial violates its duty of good faith. Having legal representation often changes how seriously insurers treat your claim.
Insurance companies often make low initial offers to close claims quickly. Don’t accept a settlement without understanding your case’s full value, including long-term medical costs and lost earning potential. An experienced lawyer can assess your damages and negotiate for a higher settlement based on evidence and comparable Illinois verdicts. Once you accept an offer, you typically can’t reopen the claim.
Bad faith occurs when an insurance company unreasonably delays, denies, or undervalues a valid claim. Illinois law requires insurers to act fairly and in good faith toward policyholders. Victims of bad faith may recover additional compensation, including attorney’s fees and punitive damages. An experienced lawyer can identify unfair practices and take action to hold insurers accountable.
Insurance companies typically issue payment within 30 days after receiving a signed release. Delays beyond this window may indicate administrative issues or bad faith. Your attorney monitors this timeline to ensure prompt payment and handles any lien resolutions before disbursing your settlement funds.
Yes, if ongoing medical care is necessary. Future treatment costs are often based on your doctor’s prognosis and expert testimony. Your lawyer will include these anticipated expenses in your demand to ensure your settlement covers both current and long-term needs. Illinois courts recognize future medical costs as part of compensable damages.
In multi-vehicle or complex injury cases, several insurance companies may share liability. Your attorney will coordinate communications and documentation among them to prevent delays and maximize recovery. Identifying all coverage sources from auto, commercial, or homeowner’s policies can significantly increase the total compensation available.
In most cases, no. Under both federal and Illinois law, settlements for physical injuries or illnesses are not taxable. However, portions awarded for punitive damages, interest, or emotional distress unrelated to physical harm may be taxable. Your attorney can help you understand which parts of your settlement are exempt.
An experienced personal injury lawyer understands how Illinois law and insurance claims work together. They can investigate your case, collect evidence, and negotiate with insurance companies that often undervalue or deny claims. Having a skilled attorney ensures your rights are protected and helps you recover the full compensation you deserve. In complex Chicago cases, local experience often makes a significant difference in outcomes.
At Staver Accident Injury Lawyers, P.C., you pay nothing upfront. We work on a contingency fee basis, meaning we only get paid if we win your case. Our fee is a percentage of your recovery, so there’s no financial risk to you. This model allows every injured person in Illinois access to quality legal representation regardless of their current finances.
During your free consultation, you’ll talk with an experienced Chicago personal injury attorney who will review your case and answer your questions. We’ll explain your legal options, potential claim value, and next steps. There’s no pressure to hire us, and every discussion is confidential. Our goal is to help you make informed decisions about your recovery.
You have the right to change attorneys at any time during your case. If you decide to hire Staver, we’ll handle all transfer paperwork and coordinate any fee arrangements with your prior lawyer. The transition is seamless and will not delay your claim.
How and When to Change Your Personal Injury Lawyer
You can, but it’s rarely advisable. Insurance companies have experienced adjusters and attorneys working to minimize payouts. Without legal representation, you may settle for less than your claim is worth or miss critical procedural steps. Having a lawyer levels the playing field and typically results in significantly higher compensation.
We calculate the full value of your claim by reviewing medical records, lost income, long-term care costs, and pain and suffering. We also compare your situation to similar Illinois cases and jury verdicts. This evidence-based approach ensures you understand your claim’s worth before settlement negotiations begin. Our goal is to recover every dollar you’re entitled to under Illinois law.
While most cases settle before trial, we prepare every case as if it will go to court. This approach gives us leverage in negotiations and shows insurers we’re serious. If a fair offer isn’t made, our trial lawyers are ready to present your case before a Cook County jury. Clients benefit from knowing they have experienced litigators on their side.
If an insurance adjuster tells you that you don’t need a lawyer, take it as a warning sign — not advice. Insurance companies have teams of professionals trained to minimize payouts, and their interests are opposite yours. Without an attorney, you may accept far less than your claim is worth or sign documents that limit your rights. A dedicated lawyer with a legal obligation to look out for your interests protects you from these tactics, ensures fair compensation, and handles the process so you can focus on recovery.
First, make sure everyone is safe and call 911 to report the crash. Get medical care immediately, even if you feel fine — some injuries aren’t obvious right away. Exchange contact and insurance information, take photos, and avoid admitting fault. Finally, contact a Chicago car accident lawyer before speaking with the insurance company.
Yes. Passengers injured in a car accident can file claims against any negligent driver, including the driver of the car they were in. Illinois law allows passengers to recover for medical bills, lost wages, and pain and suffering just like drivers. Your lawyer can identify all available insurance coverage for your recovery.
Not before speaking with a lawyer. The other insurer’s goal is to limit their payout and collect statements that can be used against you. Your attorney can communicate on your behalf to ensure your interests are protected.
Rideshare accidents are covered by special insurance policies. When the driver is on an active ride, Uber or Lyft provides up to $1 million in liability coverage. You may also file against another at-fault driver’s insurer. These claims can be complex — an attorney can determine which policy applies.
You may file both a personal injury claim and a Dram Shop Act claim against the bar or establishment that served the intoxicated driver. Illinois law holds these businesses liable if they contributed to the driver’s intoxication. Drunk driving cases often result in higher settlements because of the reckless conduct involved.
You may recover auto accident damages for medical bills, lost income, pain and suffering, and vehicle repairs. In serious cases, Illinois law also allows claims for emotional distress and loss of normal life. Your lawyer can calculate your total case value and negotiate with insurers for a fair car accident settlement.
Yes. If a faulty brake, tire, or airbag caused your accident, you may have a auto defect claim. Manufacturers, distributors, and repair shops can all share responsibility. A lawyer will preserve the vehicle as evidence and work with experts to prove the defect.
Under Illinois law, pedestrians have the right of way at marked crosswalks and intersections. Drivers must yield when pedestrians are crossing with a signal or when already in the roadway. If a driver fails to stop or speeds through a crosswalk, they can be held liable for resulting injuries.
You may still recover compensation under Illinois’ comparative negligence rule. Even if you were partially at fault, you can recover damages if you were less than 50% responsible. A lawyer can analyze the accident scene, traffic data, and witness statements to determine fault accurately.
Cyclists have many of the same legal rights as motorists under the Illinois Vehicle Code (625 ILCS 5/11-1502). If a driver caused your crash through negligence — such as opening a door without checking or making an unsafe turn — you can file a claim for damages.
Not wearing a helmet does not automatically bar recovery under Illinois law. However, the defense may argue it contributed to your injuries. Your lawyer can present medical and expert testimony to minimize any reduction in compensation.
Not without legal counsel. Insurers often try to shift blame to the pedestrian or cyclist to reduce payouts. A Chicago attorney can handle communication, gather evidence, and ensure your rights are protected while negotiating on your behalf.
Truck accidents often involve multiple liable parties including the driver, trucking company, cargo loaders, and manufacturers. Federal trucking regulations also govern driver hours, vehicle maintenance, and safety compliance. These cases require a deep understanding of both Illinois law and federal standards.
Possible defendants include the truck driver, their employer, a freight company, or a maintenance contractor. Under Illinois’ respondeat superior doctrine, companies can be liable for their employee’s negligence. Identifying all liable parties increases your recovery potential.
Critical evidence includes the truck’s black box (EDR) data, driver logbooks, inspection reports, and maintenance records. Your attorney can send a preservation letter immediately to prevent the trucking company from destroying evidence.
Federal law limits the number of hours truck drivers can operate before resting. Violations of these FMCSA regulations often indicate negligence. Your lawyer can obtain driving logs and GPS data to prove fatigue contributed to the wreck.
Trucking companies may be held liable for negligent hiring, inadequate training, or pushing drivers to exceed safe working hours. Corporate liability claims can result in higher settlements due to larger insurance policies.
Commercial delivery vehicles such as Amazon, FedEx, and UPS trucks must follow the same state and federal safety standards. Employers can also be held liable for driver negligence occurring within the scope of employment.
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, causing harm to a patient. This means a doctor, nurse, or hospital acted negligently, through a misdiagnosis, surgical mistake, or medication error. Illinois law allows patients to file a claim for damages caused by such professional negligence. A Chicago malpractice attorney can determine whether your provider’s conduct fell below the legal standard.
You may have a case if your outcome was worse because a medical provider made an avoidable error. A lawyer can review your records with medical experts to assess whether the provider’s actions directly caused your injury. Not every bad medical result is malpractice, it must involve care below accepted medical standards. An attorney’s investigation helps you understand if legal action is justified.
The signs of medical malpractice aren’t always obvious at first, but certain red flags can suggest something went wrong. These include sudden complications after a routine procedure, a drastic change in your condition after treatment, or conflicting explanations from different doctors. Other warning signs include missed diagnoses, repeated hospital readmissions, or staff reluctance to share medical records. If you feel something isn’t right, trust your instincts. An experienced lawyer can review your records and consult with independent medical experts to determine whether negligence occurred.
The “standard of care” is the level of treatment a reasonably competent medical professional would have provided in the same situation. To prove malpractice, your attorney must show your provider deviated from this standard. Illinois courts rely heavily on expert witnesses to define what competent care should have been. These expert opinions form the foundation of your case.
Under 735 ILCS 5/2-622, Illinois requires a certificate of merit (also called an affidavit of merit) to file a malpractice lawsuit. This document confirms a qualified physician has reviewed your case and believes malpractice occurred. It helps ensure only valid claims move forward. Your attorney will secure this expert opinion before filing suit.
Signing a consent form does not protect providers from liability for negligence. Consent only means you were informed of known risks — not that you accepted careless or substandard treatment. If a medical professional deviated from accepted standards, you may still have a valid malpractice claim under Illinois law.
Birth injury cases often involve preventable harm during pregnancy, labor, or delivery, such as oxygen deprivation, improper use of forceps, or failure to perform a timely C-section. These errors can lead to conditions like cerebral palsy or developmental delays. Illinois law allows parents to seek compensation for lifelong medical costs and suffering caused by negligent obstetric care.
Yes. A delayed or missed diagnosis can qualify as malpractice if a competent doctor would have recognized the condition sooner. Common examples include missed cancer diagnoses or untreated infections. Illinois courts hold doctors accountable when delayed treatment causes additional injury or worsened outcomes.
Under the Illinois Premises Liability Act (740 ILCS 130), property owners and occupiers owe visitors a duty of reasonable care. They must maintain safe conditions and warn guests about hidden hazards. If they fail to do so, they can be held legally responsible for resulting injuries. This applies to homes, businesses, and even public spaces in Chicago.
Report the fall immediately to the property owner or manager and ask for an incident report. Take photos of the hazard, your injuries, and the surrounding area. Seek medical treatment and contact an attorney quickly because evidence like surveillance footage can disappear fast. Acting early helps strengthen your claim.
Possibly. Property owners in Chicago have a duty to clear unnatural accumulations of ice and snow from sidewalks and parking lots. Natural accumulations may not qualify unless the owner created or worsened the hazard. Your attorney will investigate maintenance logs, weather reports, and photos to determine liability.
Possibly. Property owners in Chicago have a duty to clear unnatural accumulations of ice and snow from sidewalks and parking lots. Natural accumulations may not qualify unless the owner created or worsened the hazard. Your attorney will investigate maintenance logs, weather reports, and photos to determine liability.
Lack of warning signs is a major factor in proving negligence. Property owners must warn visitors about wet floors, ongoing maintenance, or unsafe conditions. Failing to post proper signage may indicate a breach of their duty of care.
Manufacturers, distributors, and retailers can all be held liable under Illinois’ strict liability law. If a product defect in design, manufacturing, or labeling caused your injury, you may have a valid claim.
Defective brakes, contaminated food, unsafe medications, and faulty appliances are common examples. Even if the company didn’t act intentionally, they’re responsible when a defective product reaches consumers.
Keep it, along with any packaging, instructions, or receipts. The product itself is crucial evidence in your case. Don’t return it or attempt repairs — your lawyer will arrange expert inspection.
The personal representative of the deceased’s estate — often a spouse or close relative — must file the wrongful death claim under the Illinois Wrongful Death Act . Damages are awarded for the benefit of surviving family members.
Families may recover for funeral expenses, loss of companionship, grief, and lost financial support. Courts may also consider the decedent’s expected future income and life expectancy.
Yes. A civil wrongful death claim is separate from any criminal prosecution. You don’t have to wait for the criminal case to conclude to pursue compensation.
Illinois law allows fault to be divided among multiple parties. Each defendant may be responsible for their share of damages, but some may be jointly liable depending on the facts.
A catastrophic injury is one that results in long-term or permanent impairment, disfigurement, or loss of bodily function. This includes traumatic brain injuries (TBI), spinal cord damage, severe burns, amputations, and paralysis. These cases often involve extensive medical treatment, lifelong rehabilitation, and significant loss of earning capacity. Illinois law recognizes these as high-value injury claims because they permanently alter a victim’s quality of life.
Diagnosis typically involves CT scans, MRIs, and testing performed by medical specialists. In litigation, medical experts interpret these results to establish causation and long-term impact. Your lawyer may also use testimony from rehabilitation specialists, occupational therapists, and family members to show how your injury affects daily life. Expert evidence is key in proving both medical and economic damages in severe injury cases.
Yes. Illinois law allows recovery for all reasonable and necessary medical expenses, including surgeries, hospital stays, physical therapy, occupational therapy, and rehabilitation. These costs can extend years after the injury and often exceed initial estimates. Your lawyer will work with life-care planners and medical experts to include every foreseeable expense in your claim.
Attorneys use life-care planners and medical economists to project the cost of ongoing treatment, rehabilitation, assistive devices, and home care. They rely on expert assessments and current cost data from local providers. Illinois courts accept these projections as valid components of economic damages. This ensures your settlement covers lifetime medical needs rather than short-term expenses.
Severe injuries can make returning to your previous job impossible. Illinois law allows recovery for lost earning capacity, which considers your future career trajectory and benefits. Vocational experts and economists calculate this based on your age, education, and limitations. Your lawyer includes these projections to ensure fair long-term compensation.
If an insurance adjuster calls you soon after your accident, be polite but cautious. Their goal is to gather information that could limit or deny your claim. Never give a recorded statement, admit fault, or discuss your injuries until you’ve spoken with a lawyer. A Chicago personal injury attorney can handle all communications for you and ensure nothing you say is used against you later.
Yes, but it depends on the circumstances. If your injury happened while working and another person or company —not your employer — caused it, you may have both a workers’ compensation and a third-party personal injury claim. For example, if you were hit by a negligent driver while on the job, you could recover from both systems. An attorney can coordinate your claims to maximize your total compensation.
Homeowners in Illinois have a legal duty to keep their property reasonably safe for guests and visitors. You may have a valid claim if you were injured due to unsafe conditions such as loose railings, broken stairs, wet floors, unshoveled sidewalks, or dog attacks. These claims are typically covered under the homeowner’s insurance policy, which can pay for medical bills, lost income, and pain and suffering. A Chicago personal injury lawyer can investigate, identify coverage, and negotiate directly with the insurer so you don’t have to pursue your friend or family member personally.
Even if the person who caused your injury doesn’t have significant personal assets, there are often other ways to recover compensation. Your attorney will explore alternative sources, such as employer liability, umbrella or excess insurance policies, uninsured motorist coverage, or any applicable commercial or rental property policies. In many cases, insurance—not personal funds—pays for your damages. An experienced lawyer knows how to uncover hidden or secondary coverage that can make all the difference in your recovery.
In Illinois, landlords can be held responsible for dangerous conditions in common areas or code violations that cause injuries. Examples include broken handrails, faulty lighting, or failure to maintain smoke detectors. Tenants may also have claims against property management companies or maintenance contractors. If you were hurt in a Chicago apartment complex, an attorney can determine who’s responsible and whether insurance coverage applies.
Yes. Illinois law provides special protection for minors under the Attractive Nuisance Doctrine, which applies when a property feature, like a swimming pool, trampoline, or abandoned vehicle — attracts children and poses a danger. Property owners must take extra precautions to prevent foreseeable harm. Parents or guardians can file on behalf of the injured child to recover for medical costs, pain and suffering, and long-term effects.
Yes, and in most cases, their insurance — not their personal finances — will pay for your injuries. Illinois law allows you to recover compensation without directly “suing your friend.” For example, if you were hurt in their car or at their home due to unsafe conditions, their auto or homeowner’s policy may provide coverage. A lawyer can handle the process discreetly and professionally to preserve relationships while securing your recovery.
Injuries on city sidewalks, public parks, or government buildings fall under the Illinois Tort Immunity Act. While government entities are partially protected from lawsuits, you can still recover if negligence — such as failing to repair a hazard or maintain safe walkways — caused your injury. These cases have strict notice deadlines (often within one year). A Chicago injury attorney can file the proper notice and protect your rights.
When several parties share blame, determining liability can get complicated. Illinois follows a modified joint and several liability rule, which may allow recovery from multiple defendants based on their degree of fault. A lawyer can coordinate investigations, insurance claims, and negotiations to ensure each responsible party contributes their fair share. This approach often results in a more complete recovery for you.
At Staver Accident Injury Lawyers, P.C., we’ve spent years helping injured people across Illinois regain control after life-changing accidents. Whether you were hurt in a car crash, slip and fall, workplace incident, or medical negligence, our attorneys know how to cut through insurance red tape, build your case fast, and fight for every dollar you’re owed under Illinois law.
If you’ve been injured and need answers, don’t wait or go it alone. Call Staver Accident Injury Lawyers, P.C. at (312) 236-2900 or contact us for a free consultation. We’ll answer your questions and explain the next steps.
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