Joliet Personal Injury FAQs

Illinois law has defined a “statute of limitations” for personal injury cases, and this functions as a time limit for when an injured person must take legal action to pursue compensation from the person or organization that was responsible for their injury. In most cases, the statute of limitations is two years. This means that a personal injury claim or lawsuit must be filed within two years after an incident in which an injury occurred, such as a car crash or slip and fall. If the original date of the injury is unknown, such as when a person suffered harm due to the regular use of a defective product, a lawsuit must be filed within two years after the person knew or should have known about the injury. However, there are numerous exceptions that may shorten that timeframe to one year and it is always best to get a clear legal opinion about your rights and options as soon as possible.

An injured person can pursue financial compensation for multiple different types of damages. “Economic damages” include all expenses or financial losses resulting from the injury. An injured person should be repaid for the costs of emergency medical treatment, hospitalization, surgery, medications, and ongoing physical therapy and medical care. They may also receive compensation for the wages they were unable to earn while recovering and any impairment to their ability to earn an income in the future. “Non-economic damages” include the ways a person and their family have been affected that do not necessarily have a specific monetary value. These damages may address an injured person’s physical and emotional pain and suffering, their loss of enjoyment of life, and the impact their injury has had on their relationship with their family.

Personal injury cases in Illinois may follow the principle of “comparative negligence” and address how much the different parties involved were responsible. If an injured person was found to be 50% at fault for their injury or less, they may pursue compensation from the other party or parties. In these cases, damages awarded to an injured person will be reduced by the percentage that they were at fault. For example, if an injured person’s total damages are calculated to be $400,000, and they were 25% at fault for the injury, their award would be reduced by $100,000.

In many cases, an injured person will be covered by an insurance policy held by the person who was at fault for their injury. For example, a driver’s auto insurance policy may address injuries inflicted in a motor vehicle collision, or a homeowner’s insurance policy may provide coverage for people injured in a premises liability case. Before speaking to an insurance company or filing a claim, we strongly recommend that you secure legal representation. Michael Lichner will speak to insurance companies on your behalf, ensuring that you do not inadvertently provide any information that could be used to destroy or reduce the amount of your claim. He will work to make sure that a settlement offered by an insurance company will fully address the damages you have experienced, and he will help you determine whether you can pursue compensation from any other sources.