Personal injury lawsuits are a great way to secure compensation when you have been wrongfully harmed. However, there is a lot of information that you will need to know before you get to court. In fact, many states have exceedingly different (and sometimes even contradictory) laws regarding personal injury lawsuits. To give you a better idea of what to expect if you are filing such a lawsuit in Illinois, here are some guidelines to follow:
How Many Years You Have To Sue
When filing a personal injury lawsuit against a private party, you have two years to file. However, there are some key exceptions, including when a minor wants to file. If that is the case, then the clock will start counting from the day that the potential plaintiff legally becomes an adult.
Like many states, Illinois believes that compensation should be directly related to responsibility. If you were entirely faultless in the incident resulting in your injury, then you will be awarded the compensation that you ask. However, if you were found to be 30% responsible for your injury, then you will only get 70% of your compensation.
If you are found to be more than 50% responsible, you will get no compensation whatsoever.
Fortunately for you, there are no damage caps in Illinois as the situation currently stands. You may pursue any amount of damages, economic, non-economic, punitive, or otherwise. That being said, you don't want to ask for an exorbitant amount of money, because that could paint you in an unfavorable light.
There is an at-fault system when it comes to car accidents, which means that you have several options for getting compensation. You can sue the offending party, pursue a claim with your own insurance company, or even pursue a claim with the insurance company of the other driver in the accident. If one option does fail, you can go with another. However, you might want to start with the harder option (a lawsuit), since that won't reflect too poorly on an insurance claim that you file later. However, a failed insurance claim could hurt your chances with a later lawsuit.
To help you create a solid lawsuit, you should consider consulting a lawyer, like those at Richard Glazer Law Office. You don't necessarily need to hire, but their insight into your case could give you a good idea of the damages you should pursue and the evidence that you should gather.Share