Unfortunately, if you’re trying to navigate the personal injury claims process, you’ve sustained injuries in an accident. Now, you’re dealing with insurance adjusters trying to entice you to settle your claim. This is on top of recovering from any sustained injuries while also gathering evidence to prove your case.
According to Attorneys of Chicago, “The law protects those injured or sustained property damage because of another’s negligence or intentional acts.” However, receiving full compensation under the law is a tricky and often time-consuming process. This is a reason why you should always consult with a personal injury attorney, regardless of whether it’s a minor or major accident.
Common Types of Personal Injury Claims in Chicago
When you think of personal injury claims, car and other types of traffic accidents frequently come to mind. This isn’t surprising since the number of traffic accidents is on the rise in the Windy City. In fact, the National Highway Traffic Safety Administration estimates the number of traffic accident-related fatalities was up by around 7% in 2022 compared to 2021.
Personal injury and property damage claims aren’t limited to vehicle accidents. Other types of claims commonly filed in Chicago courts include:
- Work-related accidents
- Medical malpractice
- Intentional torts
- Slip and fall accidents
- Product liability
While you can file a claim against almost anyone if you sustain an injury or suffer property damage due to negligence, it’s not always easy figuring out who to hold responsible.
Liability and Personal Injury Claims
Your type of personal injury case determines who can be held liable. In some instances, it may be an individual and, in others, an organization. Knowing who to file your claim against is a crucial part of proving your case.
What happens if you file a claim against the wrong person or entity? In most cases, you’ll be asked by the court to amend your complaint, which means replacing the wrong name with the right one. Don’t forget about the statute of limitations—you must correct the mistake before the filing deadline.
If the wrong name is submitted on purpose in your personal injury lawsuit, you may violate the False Claims Act. This can mean substantial fines and other penalties for you, along with an automatic dismissal of your case. Here’s a quick look at who can be held liable in some common types of personal injury cases.
Workers Compensation Cases
If you’re injured at work, your employer is almost always the responsible party, which is when workers’ compensation insurance kicks in. Illinois law requires most businesses operating in the state to carry workers’ compensation insurance on all of their employees.
Shortly after being injured, you should expect a visit from your employer’s insurance provider. Before agreeing to any settlement, regardless of how substantial, it’s always best to consult with a personal injury attorney. Your expenses resulting from the workplace injury may be higher than the insurance provider’s offer. Once you’ve signed the agreement, there’s no going back or filing a claim in court.
Product Liability Claims
If you’re injured by a defective product, you can file a claim to seek compensation for your injuries. This is also an excellent example of when it’s best to work with a personal injury lawyer.
Your lawsuit can include any of the following, manufacturers, retailers, designers, distributors, and resellers. Who’s included in the lawsuit depends on the circumstances of your case. Your claim may include everyone or only one or two.
Medical Malpractice
Hopefully, this never happens to you—however, if your medical treatment results in injury, you can file a medical malpractice claim. These cases can be tricky to prove and don’t forget most medical professionals are protected by a team of legal experts.
Who is included in your case depends on a variety of factors, but some common defendants are physicians, nurses, and other healthcare professionals. Even the hospital can be held liable for any injuries you sustained.
The standard for proving medical malpractice is showing you received care substandard to recognized and established practices.
What a Chicago Personal Injury Attorney Can Do For You
After being involved in an accident, the only thing on your mind should be your recovery. While you’re concentrating on healing, a personal injury attorney can get your case moving along.
A quick and important tip is to refrain from talking about your case to anyone, which includes close friends and family. Anything you say can and possibly will be used against you if your personal injury case goes to court. Keep the details private until it’s time to testify.
The Investigation Starts
Don’t worry, the insurance adjusters are hard at work investigating your accident, and so is your attorney. Insurance companies are investigating in hopes of reducing your settlement amount.
Your attorney is doing the opposite—a personal injury lawyer will work diligently to ensure your rights are protected and you’re fairly compensated for your injuries. This also applies to any property damage claims.
Along with walking through the accident scene, your attorney will take witness statements, and collect additional evidence. Their goal is to find evidence that strengthens your case. Sometimes, an attorney can find enough evidence to encourage the defendant to settle out of court.
Potential Defendants are Identified
Even identifying the potential defendants in a traffic accident case can be challenging. Imagine what it’s like when a corporation is involved. Without legal assistance, the statute of limitations for filing a personal injury case can come and go. This means you cannot file a claim against any defendant.
Your personal injury attorney can more easily identify and contact any defendants, ensuring your case makes it to court before the statute of limitations runs out.
Take the Confusion Out of Your Personal Injury Case
Whether it’s a minor fender bender or a more serious slip and fall, you deserve full compensation for your injuries and property damage. Don’t try to navigate the confusing legal process on your own.
Instead, work with an experienced Chicago personal injury attorney to help you navigate the complexities and challenges of your case. This way, all you need to focus on is recovering from any injuries.
