Legal Advice On Personal Injury Cases
In a recent year, there were more than 155,000 car crashes in Cook County alone. Car accidents can leave people seriously injured. When that happens, it may be a good idea to call an experienced personal injury lawyer.
Of course, car crashes are not the only way that people might get hurt. Medical malpractice, birth injuries, and bicycle accidents can all lead to personal injury cases. If you do not know whether you have a viable personal injury case, it might be useful to contact us for a free consultation.
If you or a loved one has suffered a personal injury due to any kind of accident or error, you deserve to have someone fight to protect your rights. Don’t try to deal with insurance companies, negligent businesses, or doctors on your own, as have their own lawyers to represent their interests. You deserve to have someone in your corner, helping you through the legal system after a serious injury. Call us today at Mitchell S. Sexner & Associates LLC at (800) 996-4824 to discuss your case free of charge and talk about your options.
If you or a loved one has been injured, calling accident lawyers might be the only way you can properly defend your rights. Dealing with insurance companies, negligent businesses, or doctors on your own is incredibly difficult.
Insurance companies are not necessarily on your side, and they typically do not want to offer you a fair deal. Negligent businesses are working only for themselves and doctors, for as skilled as they may be, do make mistakes and they need to be held accountable just like everyone else.
You deserve to have someone in your corner. Our experienced team can help you today.
What Can I Sue for in Chicago?
In Illinois, you can sue for “damages”. In the legal context, damages refers to compensation and money you can receive after you have been injured. Citizens of Illinois can sue for both economic and non-economic damages.
Economic damages are out-of-pocket expenses such as medical bills or lost wages. Non-economic damages include physical and emotional pain and suffering, like depression, the agony of an amputation, or the grieving for a lost spouse.
Proving economic damages can be done by submitting medical bills, lost wages, and other general expenses as evidence. In Illinois, you are allowed to sue for future medical bills if the problem is likely to continue.
Non-economic damages are more subjective. Juries may consider the following:
- The extent of the injuries
- Any physical and mental pain and suffering
- Disfigurement due to the injuries
- The lost ability to perform usual activities
- The aggravation of any preexisting conditions
Courts give little guidance to a jury about deciding how much to award the injured. Some attorneys use the “multiplier method”. They take the economic damages and multiply it by a number between two and five. For example, if someone has medical bills that add up to $50,000, an accident lawyer may ask for $150,000. That is three times the amount. But this is a crude method and is not really how most knowledgeable attorneys approach such calculations. Damages for certain injuries may in fact be hundreds of times higher.
How Much is My Case Worth?
The amount of compensation you receive depends on your case. Damages for a car accident are different from the amount you might get from a medical malpractice case. Judges and juries need to weigh many different factors.
Some states limit the amount of money someone can receive for a personal injury case, but Illinois does presently not have a cap. In the court case Abigaile Lebron v. Gottlieb Memorial Hospital, the Supreme Court of Illinois ruled that caps on compensation for pain and suffering violated the state constitution. If you want to sue the state government, there is a cap of $100,000 for personal injury cases, but this does not apply to accidents involving state government owned cars.
Illinois is what is known as a “modified comparative negligence” state. This means that if the accident was 15% someone’s fault, the most that they can recover is 85% of the total amount. If someone was going over the speed limit but was hit from behind due to no fault of their own, they might not be able to receive the entire compensation possible. A judge or jury may rule that their speeding contributed to the accident.
In addition, no one can recover if they were more than 50% responsible for the injury. Determining who was at fault and how much they were at fault is left up to the court and the lawyers. If you have any questions about how this works, it may prove useful to contact a personal injury lawyer.
In Illinois, people are allowed to sue for punitive damages. Someone may act in a way that is considered so far beyond anything reasonable that the state must punish them to stop these actions from happening again. If someone was deliberately trying to harm or defraud someone else, you might be able to sue them for additional money intended to teach them a lesson and save others in the future from such treatment.
What is Medical Malpractice?
Generally speaking, medical malpractice is when a doctor or other medical professional fails to properly perform their medical tasks, and a patient is injured as a result. It can involve a wide range of injuries and problems, ranging from cases related to birth defects to misdiagnosis.
In order to prove this, your medical malpractice attorney will go through all relevant medical documents and reach out to expert witnesses. The process of discovery, or locating and using evidence for court, can be incredibly difficult. Your medical expert will also need to swear in a written affidavit that the nurse, doctor, or hospital did something wrong.
This is incredibly difficult to do on your own. If you think that you are the victim of medical malpractice, a personal injury lawyer can help.
What is Workers’ Compensation?
Workers’ compensation and personal injury are very similar, but they are not the same thing. Both of them involve injuries. Workers’ compensation involves injuries that someone received while they were at their job site or doing something work related, generally speaking. If you are not sure if an injury you sustained falls under workers’ compensation or personal injury, you should definitely reach out to an experienced Chicago workers' compensation lawyer.
You should know that your employer is highly unlikely to file this claim for you. Chances are that behind the scenes, they will be working hard against it, even though they may begin to pay you lost time from work and pay for your doctor’s visits. This is not an easy, straightforward process. A lawyer can help you receive fair compensation and make sure your rights are fully protected.
Statute of Limitations
You cannot wait too long to begin. Illinois has a statute of limitations on personal injury cases and if the proper papers are not filed within this time, your rights will be lost. When you have a case, reaching out to a personal injury lawyer quickly can be key to winning fair compensation.
When you have been injured, you generally need to start your claim within two years. Otherwise, you will lose your right to file a claim forever. Similarly, you need to start moving on your medical malpractice claim within two years or you will not be able to file. Some exceptions apply to these time periods, so it is best to promptly speak to a lawyer to make sure which applies to your case.
What are Common Personal Injury Claims?
You can file a personal injury case for a wide variety of reasons. The most common causes of personal injury complaints are:
- Bike Crashes
- Birth Injuries
- Car Accidents
- Catastrophic Injuries
- Dog Bites
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Slip and Fall Injuries
- Truck Accidents
- Wrongful Death
There may be other reasons to file a lawsuit. Accident lawyers can help you determine if you have a solid case.
Why Do I Need a Personal Injury Lawyer?
Accidents can lead to life-altering injuries and permanent loss. They are traumatic and can leave deep wounds. After you have been through a car crash or a similar event, you should focus on getting better. It is very likely that you are in physical pain and suffering from emotional as well as financial distress. These are all pressing matters, and you need to do the best to help yourself.
A personal injury lawyer can make your burdens lighter. It may not seem like a big deal, especially if you are dealing with physical and emotional trauma, but after you call an attorney you will be thankful that you did.
Insurance companies are in the business of paying as little as possible. That is how they maintain their profit, after all. They will offer you the lowest amount that they think you will accept. Insurance companies have little financial incentive to be honest when they are dealing with you.
Having legal counsel keeps insurance companies honest. Your attorney will help make sure that you are not signing your rights away. Accident lawyers will fight for you. Having an attorney by your side could mean the difference between receiving compensation that barely covers your medical expenses and a settlement that guarantees a brighter future and puts your mind at ease.
We Want to Help
Sexner & Associates LLC has the experienced and talented team you need to help you out. Don’t go through the legal system alone. Our medical malpractice and accident attorneys have achieved many successful verdicts and settlements for our clients, such as $2.8 million after a misdiagnosis, $590,000 in a nursing home neglect case, and $6.2 million in a medical malpractice settlement. The next client of ours could be you.
We take all workers’ compensation, medical malpractice, and personal injury cases on a contingency basis. That meant we don’t get paid unless you win. Because of this, you are guaranteed aggressive, thorough, and highly professional representation without having to pay out of pocket to cover any upfront costs of your case. Our goal is to protect you and your rights.
So call us, day or night, at (800) 996-4824. Reach out to us so we can get started with your free case evaluation.