You should contact David Studenroth, an experienced personal injury attorney, if you have been injured due to negligence. Personal injury case including auto accident and workplace accidents, are time sensitive. Your attorney needs to act quickly in order to protect your rights and to minimize the person, and their insurance company, from avoiding responsibility for the injury. Attorney David Studenroth will gather all time-sensitive evidence necessary to ensure that those responsible can be held accountable.
Most Common Types of Personal Injury Claims
The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents. The term personal injury also incorporates medical and dental accidents (which lead to numerous medical negligence claims every year) and conditions that are often classified as industrial disease cases, including asbestosis and peritoneal mesothelioma, chest diseases (e.g., emphysema, pneumoconiosis, silicosis, chronic bronchitis, asthma, chronic obstructive pulmonary disease, and chronic obstructive airways disease), vibration white finger, occupational deafness, occupational stress, contact dermititis, and repetitive strain injury cases.
Depending upon the intent or negligence of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment.
Damages are categorized as either special or general. In torts, special damages are measurable costs which can be itemized such as medical expenses, lost earnings, and property damages whereas general damages include less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional distress. Personal injury torts result in both special and general damages.
Four things must be proven in order to hold a party or parties legally liable for injuries so damages can be awarded:
- The party had a duty to act reasonably according to the circumstances
- The party breached the duty
- The party’s breach of the duty caused you to be harmed
- You suffered monetary damages due to the harm you suffered
The amount of compensation for a personal injury will primarily depend on the severity of the injury. Serious injuries (such as broken bones, severed limbs, brain damage) that cause intense physical pain and suffering receive the highest injury settlements.
Time Limits on Filing
Illinois sets a time limit of two years on filing a personal injury lawsuit in the state’s civil court system. This two-year time limit, known as a “statute of limitations,” begins to run on the date of the accident in most cases. Sometimes a statute of limitations might run from the date you discovered you were injured, rather than the date of the event that injured you. This later date is known as a “discovery date.”
You have one year to file a lawsuit for injury claims against a city or county. The time limit to sue the state is two years, but you must file a formal claim within one year in order to sue.
Comparative fault rules seek to sort out damages when more than one party is responsible, or “at fault,” for an injury. It’s not unusual to hear the other party in an injury claim allege that you were partly or totally at fault for your injuries. When this is actually the case, Illinois courts apply the state’s “modified comparative fault” rule to calculate the damages you can receive.
Auto Insurance Laws
Illinois, like many states, uses a “fault” system to handle car accidents. In a fault system, an injured person has the option of going to court to prove fault, seeking compensation from his or her own insurer, or seeking compensation from another driver’s insurer directly (known as a third-party claim). Many injured people choose to start with an insurance claim, reserving the option to go to court if insurance settlement negotiations don’t work out.
An Experienced Personal Injury Attorney
You should contact David Studenroth, an experienced personal injury attorney, if you have been injured due to negligence. Mr. Studenroth has 30 years experience handling personal injury cases. Personal injury cases including auto accident and workplace accidents, are time sensitive. Attorney David Studenroth will gather all time-sensitive evidence necessary to ensure that those responsible can be held accountable. Call Mr. Studenroth at 847.292.9200 today for a free consultation.
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