Think of a situation – You were walking inside the shopping center in Rockford and slipped on a wet floor. There was no warning sign, and you couldn’t have predicted the accident. Now, you are grappling with injuries, need medical care, and may have to stay away from work for weeks. Who is responsible? This is a classic example of a slip-and-fall injury. If you were injured in an accident that happened because of someone’s negligence, you have the right to file a claim and seek compensation.
Personal injury accidents include on-road mishaps, construction accidents, premise liability, dog bites, truck accidents, and medical negligence. Regardless of the situation, you must meet a Rockford personal injury lawyer and discuss your concerns. In this detailed guide, we will talk about Illinois laws and other things that matter.
Understanding personal injury in Illinois
Just because you were injured in an accident doesn’t mean you have a claim against the other party. In the example above, if the management had a sign that mentioned “caution or wet floor”, you should have exercised caution. You are required to prove the fault of the other party for a successful personal injury claim. The accident must be a result of the other party’s recklessness or negligence. Personal injury laws vary by state.
Statute of limitations
All states have a statute of limitations, which determines the time one has to file a personal injury lawsuit. In other words, you cannot wait forever to take legal action against the other party. In Illinois, the deadline is two years for most personal injury cases. The clock starts from the moment when you are injured. If the injured is a minor, the statute of limitations doesn’t start until the claimant is 18.
Resolving personal injury cases
There are various ways in which a personal injury case can be settled. The first option is to file a claim with the at-fault party’s insurance company, and if the settlement offer is fair, there is no need for a lawsuit. In some cases, one party may file a lawsuit and settle things with the other party out of court, and the case never goes to a jury trial. There is also the third option, where the case is before the jury.
Contributory negligence in Illinois
When it comes to personal injury cases, Illinois follows the modified comparative negligence rule. If you are partly responsible for an accident, your compensation or damages will be reduced to that extent. Also, you don’t get to file a lawsuit or demand compensation if you are more than 50% at fault. Take an example – You were driving over the speed limit, but another drunk driver crashed into your vehicle. You are at a lesser fault (let’s assume 20%) and recover $100,000 in a settlement. However, you will only receive $80,000 because of the modified comparative negligence rule.
Do you need an attorney?
Yes, hiring a personal injury lawyer is critical for recovering a fair settlement. Insurance companies don’t care for victims, and the other party will try to deny their wrongdoing or may even try to pin the blame on you. A reputed and experienced lawyer in Rockford can fight for your rights and get you the deserved compensation. Law firms don’t charge a standard hourly rate for personal injury cases. Instead, the lawyers get a settlement for clients and recover a share of the final amount. Whether it is about investigating the accident or negotiating with the insurance agent, your lawyer remains your advocate and support.
Find an injury lawyer in Rockford who is competent and has at least a few years of experience with similar cases.
