Personal Injury

A personal injury claim is a legal action taken by an individual who has been injured due to someone else’s negligence or wrongdoing. The claim seeks compensation for damages such as medical expenses, lost wages, pain and suffering, and other losses resulting from the injury.

You can typically claim several types of damages, including:

• Medical Expenses: Costs of treatment and future medical care.
• Lost Wages: Income lost due to inability to work.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Property Damage: Costs to repair or replace damaged property.
• Loss of Normal Life/Disabilty: Compensation for the temporary or permanent diminished ability to enjoy life.

The time limit for filing a personal injury claim is known as the statute of limitations. This varies by the nature of the claim, but it is typically between 1 to 2 years from the date of the injury or discovery of the injury.

While it’s not legally required to have a lawyer, having one can be beneficial. An attorney can help you navigate the legal process, negotiate with insurance companies, deal with liens and subrogation interests, and ensure that you receive fair compensation.

At Brandenburg & Rees, LLP, we handle personal injury claims on a contingency fee basis, meaning we only get paid if you win your case.

If the at-fault party is uninsured, you may still be able to recover damages through your own uninsured motorist coverage, if you have it. Alternatively, you might pursue a claim directly against the at-fault party, though collecting damages can be challenging.

Fault is determined based on evidence, including witness statements, police reports, and any available documentation. In some cases, expert testimony may be used to establish how the accident occurred and who was responsible.

In Illinois, you may still be able to recover damages even if you are partially at fault, though your compensation may be reduced proportionally to your degree of fault. This is known as contributory negligence.

The duration of a personal injury case can vary widely depending on factors like the complexity of the case, the severity of the injuries, and whether a settlement or trial is pursued. Some cases may be resolved in a few months, while others can take several years.

Yes, if you were injured at work, you might be eligible for workers’ compensation benefits. Additionally, in some cases, you might have a separate personal injury claim if a third party’s negligence contributed to the injury.

Insurance companies often offer settlements to resolve claims quickly. It’s important to review any settlement offer carefully and consult with a lawyer before accepting it, as it may not fully cover all your damages.

If your claim is denied, you can appeal the decision or seek legal advice to explore other options. A lawyer can help you understand why your claim was denied and what steps you can take to challenge the denial.

To prove a personal injury claim, you need to establish:

• Duty of Care: The at-fault party had a responsibility to act in a reasonable manner.
• Breach of Duty: The at-fault party failed to meet that responsibility.
• Causation: The breach of duty directly caused your injury.
• Damages: You suffered actual harm or losses as a result.

The materials provided on this website are for informational purposes only. These materials do not, and are not intended to, constitute legal advice.