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Important Issues Personal Injury Claimants Often Overlook

Posted on in Personal Injury Lawsuits

IL accident lawyerPersonal injury law deals with injuries and deaths caused by another party's illegal, reckless, or negligent actions. The party liable for an injury may be an individual, a commercial business, the owner or occupier of the property on which the injury occurred, or even a government entity. Personal injury lawsuits can be an effective way to hold a party accountable for the harm caused by negligence or wrongdoing. It may also serve as a means of financial recovery for the claimant. Personal injury claims are also subject to critical deadlines and rules – many of which are often overlooked.

Key Considerations if You Wish to File a Personal Injury Lawsuit

Many misunderstandings and myths are surrounding personal injury law. If another party harmed you or a loved one and you are interested in seeking compensation for damages, it is essential to keep the following considerations in mind:

  • You only have a certain amount of time to file a lawsuit. Personal injury lawsuits are subject to time restrictions called statutes of limitations. In Illinois, the statute of limitations for wrongful death and personal injury cases is two years. Once two years have passed, you lose your option to sue.
  • Key evidence may be lost or destroyed if you do not act quickly. It is also essential to get started on your case as soon as possible because many forms of evidence are time-sensitive. Evidence may be lost – intentionally or unintentionally – soon after an injury or death. Your attorney can send an anti-spoliation letter that prohibits the defendant from destroying or "losing" evidence relevant to your case.
  • Most cases are settled before trial. Some people assume that filing a lawsuit is the same thing as going to trial. On the contrary, most personal injury cases are resolved through negotiations before trial. This is why it is important to hire an attorney with solid negotiation skills and a history of getting high-dollar settlements for clients.
  • You might be entitled to compensation even if you contributed to the injury. Illinois follows a legal doctrine called "modified comparative negligence." You might be entitled to monetary damages even if you contributed to your injury. For example, if you were speeding when a drunk driver struck you, you may still recoup a significant portion of your losses.
  • Most personal injury cases are taken on a contingency fee basis. Many people assume that they cannot afford to retain a quality attorney. Fortunately, most personal injury cases are taken on a contingency fee basis. This means that legal fees are taken from the settlement or award that the claimant receives at the end of the case.

Contact a Lake County Personal Injury Lawyer

If you or a loved one were hurt in a car accident, pedestrian accident, or another incident caused by the negligent actions of another party, contact Salvi & Maher, L.L.C. for a free consultation. Our Waukegan personal injury attorneys can help you pursue compensation. Call 847-662-3303 today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=073500050HArt%2E+XIII+Pt%2E+2&ActID=2017&;ChapterID=56&SeqStart=102300000&SeqEnd=105700000

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