Personal injury accidents can have a severe impact on victims. You may have serious injuries that require immediate medical attention and lengthy recovery times, leading to weeks of lost wages. You may have to grapple with the physical and psychological impact of the accident, which can affect your quality of life.

In Illinois, you have the right to file a personal injury lawsuit or insurance claim against the person responsible for your accident. However, navigating this process after a recent injury can be a challenge. In these situations, trust a Chicago personal injury attorney to handle your claim and support you throughout the litigation process.

#1: Negotiation Skills

During your personal injury claim, you will likely need to negotiate with insurance representatives or defense attorneys to attempt to reach a settlement before going to the courtroom. It is very important to handle these discussions carefully; you want to work toward your best possible outcome, but the other party will have different goals.

In these situations, you need an attorney with the negotiation skills necessary to handle these discussions and advocate for your best interests during each stage of your case. Personal injury attorneys have significant experience negotiating with insurance companies and defense attorneys. Your lawyer will understand the strategies and tactics that these parties use to achieve their goals, and he or she will also know how to craft a compelling argument on your behalf during these conversations.

#2: Knowledge of Illinois Personal Injury Laws

Every state has its own set of personal injury laws, and you will need to understand elements such as filing deadlines, state regulations, and legal precedent to file a successful claim. Navigating this complex litigation process can be challenging for any person who is not a personal injury lawyer, but handling your claim alone is especially difficult after a recent injury.

Your personal injury lawyer will have significant experience representing personal injury clients and a strong understanding of Illinois personal injury laws. He or she will apply this experience and knowledge to craft a compelling case for your compensation. Your attorney will also guide you through each stage of your claim, answering questions and informing you of important updates so you understand what is happening in your case.

#3: Experience Calculating Optimal Compensation

After an accident, you may not know how much compensation you will need to recover. You may not be aware of the different damages you may qualify for, and you may not know the full extent of your injuries and need for long-term care. As a result, you may inadvertently accept a lower settlement than you actually need to recover.

Your personal injury lawyer will dedicate him or herself to securing maximum possible compensation on your behalf. He or she will be able to assess your case and calculate the estimated settlement value you need to recover from your injuries. If you have severe injuries, your lawyer may enlist the help of expert witnesses, such as medical professionals, who can evaluate your injuries and create a long-term care plan on your behalf. Your attorney will then use this knowledge to evaluate any settlement offers you may receive and advise you on your best course of action.

Hiring a Personal Injury Attorney in Illinois

If you are filing a personal injury claim, you need an attorney on your side. Not only can your lawyer help achieve full compensation, but your attorney can also help you understand how to navigate the case process so that you can preserve your right to maximum recovery. As soon as you receive medical attention for your accident, contact a Chicago accident lawyer to discuss your legal options.

If you are filing a personal injury lawsuit, your medical records are very important. In most cases, your medical records are completely confidential, meaning that you will have to provide permission for another person to examine them. After an accident, however, many people may need to examine them.

In a lawsuit, these records are critical to prove your right to compensation and hold the at-fault party accountable for his or her actions. Obtaining your records can be a lengthy process, but they can provide valuable evidence so you can achieve maximum recovery.

Why Your Medical Records Matter to Your Case

To secure compensation in a personal injury lawsuit, you will need to provide clear evidence proving the at-fault party’s negligence. There are four elements of negligence that you and your attorney must prove.

• Duty: The at-fault party owed you a duty of care.
• Dereliction: The at-fault party breached his or her duty of care.
• Causation: The duty of care caused your injuries.
• Damages: You suffered damages, such as medical expenses and lost wages, due to the accident.

Your medical records can play multiple roles when proving your right to compensation. First, they establish a record of events following your accident. They also clearly state what injuries you sustained, the severity of those injuries, and the treatment you need to receive to recover from them.

In addition, your accident attorney may want to provide your records to medical experts who can analyze them and provide testimony in your case. All of this information is vital to establish the at-fault party’s breach of duty and the damages you are eligible to claim.

Requesting Medical Records After an Accident

Most medical facilities store adult medical records for several years after a visit. In Illinois, hospitals must store these records for at least 10 years. You have the right to see, request copies of, and amend these records for as long as the facility keeps them in storage. Under Illinois law, however, your healthcare provider owns the actual documents. You only have the right to request copies.

To receive copies of your medical records, you will need to request them directly from the healthcare provider. Each facility should have a system in place to obtain these records; in many cases, you will need to sign a consent form that specifies to whom the facility may release your information and the information they are allowed to release.

You will likely need to provide the following information to receive your records.

• Your name and any previous names you have used
• Your Social Security number
• Your insurance ID or policy number
• Your contact information
• The specific records you are requesting
• The dates of these records
• Your preferred method of delivery for the records
• Your signature

In some cases, the facility may refuse to release certain medical records out of concern for your physical health. For example, if you have mental health records on file, the facility may believe that it would be harmful for you to read or view them. If you need these records for your case, speak to your Chicago personal injury lawyer for assistance.

Can an Attorney Help You Access Medical Records?

While your healthcare providers are the only parties who can authorize the release of your medical records, your attorney may be able to assist you through the process. Your lawyer can help you understand where to request your records, the information you need to bring with you, and how you can obtain these documents if your doctor no longer practices medicine. Contact an attorney as soon as possible following your accident to discuss your options for compensation.

After an accident, you can suffer from physical, emotional, and financial losses. These may include unexpected medical bills, weeks or even months of lost wages, and intangible damages, such as emotional distress. If someone else is responsible for your accident, you could recover monetary damages for these losses by filing a personal injury lawsuit.

During this process, it is important to understand which damages you qualify for. This will help you achieve maximum compensation, increasing your chances of making a full recovery from the accident.

Past and Future Medical Expenses

Accidents result in significant medical losses. In addition to emergency room expenses and immediate treatment, you may require long-term care, follow-up surgeries, and accommodations to your home or vehicle. In a personal injury claim, you can recover compensation for all medical expenses related to the accident—including past and future costs.

You can claim compensation for the following medical losses after your accident.

• Emergency and urgent care
• Hospitalizations
• Surgeries
• Diagnostic care
• Prescription medications
• Live-in caregivers
• Disability accommodations
• Mobility devices
• Treatment supplies, such as braces or wraps
• Rehabilitation and physical therapy

You can use multiple pieces of evidence to establish your right to past and future medical expenses, such as medical records, expert witness testimony, and insurance bills. Your Chicago auto accident attorney may also ask economists and life care planners to calculate your long-term medical expenses.

Property Damage

Many accidents result in damage to property, including motor vehicles, bicycles, motorcycles, and personal possessions in and on your person during the accident. In a personal injury lawsuit, you can recover compensation to repair or even replace this damaged property. Photographs, repair invoices, and receipts can establish the loss of each piece of property and its corresponding value.

Lost Wages and Loss of Earning Capacity

An injury can prevent you from going to work for a long period of time. While you recover, you can lose significant amounts of wages. In a personal injury lawsuit, you can recover the full value of your lost wages by supplying documents such as pay stubs, correspondence with your employer, time sheets, or salary information.

If your injury prevents you from returning to your previous occupation, you can collect compensation for the loss of future earnings due to the accident. The court will look at the difference between your previous compensation, career track, benefits, and promotional potential compared to your current state.

Pain and Suffering

Pain and suffering refer to a special category of personal injury damages. These losses refer to the physical and psychological pain, turmoil, and trauma you suffered due to the accident. Common examples of pain and suffering include mental anguish, chronic pain, permanent disability or disfigurement, and the development of mental illnesses, such as depression and anxiety.

Since you cannot provide a bill or invoice to prove pain and suffering, these damages can be difficult to calculate. However, a Chicago personal injury attorney will understand the formulas and evidence necessary to prove your right to these damages.

If you are in an accident that someone else is responsible for, you deserve maximum compensation. Hiring a lawyer to represent your claim can help you achieve a full recovery. Your lawyer can evaluate your claim, identify the damages you may be entitled to, and calculate your maximum award so you do not accept an insufficient offer. Contact your attorney as soon as possible to discuss your legal options.

Depending on the circumstances of your case, a personal injury lawsuit can take a year or longer to reach a settlement or jury verdict. The personal injury claim process can be lengthy, but if you have unpaid medical bills, lost wages, and other damages, a lawsuit is often the best pathway to maximum compensation.

Step #1: Medical Treatment After the Accident

After your accident, it is important to seek immediate medical attention for your injuries. You should always go to the hospital, even if you do not feel like you have any injuries. You may have underlying or internal injuries that require treatment, and your medical records will form the foundation for your injury case. As soon as possible after the accident, go to the emergency room and save every piece of documentation you receive from the medical staff.

Step #2: Attorney Consultation and Investigation

Once you receive treatment for your injuries, contact a Chicago personal injury lawyer. You will consult with your attorney and he or she will evaluate your case. If he or she believes you have grounds for a lawsuit, your lawyer will explain your legal options. After your consultation, your attorney will begin gathering evidence, contacting expert witnesses to provide testimony, and take the initial steps to file your lawsuit.

Step #3: Filing the Lawsuit and Initial Negotiations

At this stage, your attorney may contact the at-fault party and his or her insurance company explaining his or her liability and the damages associated with your injuries. You may enter negotiations with the at-fault party. If negotiations are successful, you will receive a settlement and your case will end at this stage.

If negotiations are unsuccessful or insufficient, your lawyer will file a lawsuit in Illinois civil court. Your attorney will wait to file your lawsuit until you reach maximum medical improvement. It is important to wait until your injuries heal as much as possible so you can better understand the damages you need to recover. The more serious your injuries are, the longer your case is likely to take.

Step #4: Discovery and Mediation

After filing your lawsuit, you, the at-fault party, and your respective attorneys will enter the discovery process. During this stage, you will exchange evidence, request documents, and depose witnesses in preparation for the courtroom trial. It can take several months for this process to complete.

Before trial, you may enter an additional round of settlement negotiations or enter an alternative dispute resolution process, such as mediation. If you are able to reach a settlement at this stage, you will sign an agreement and receive your compensation at this stage. If negotiations are unsuccessful, your case will proceed to trial.

Step #5: Trial and Verdict

During a personal injury trial, both parties will present evidence to the court in order to establish the facts of the case and your right to damages, or lack thereof. At the conclusion of your case, the court will determine whether or not you deserve damages and how much compensation you should receive. Your trial could last a day, a week, or longer depending on the facts of your case.

Several factors impact the length of your personal injury case, including injury severity, liability complexity, and availability of evidence. If you are filing a claim against a negligent party, you need a Chicago accident lawyer on your side to help you navigate the process. Contact a lawyer as soon as possible following the accident to discuss your legal options.