Personal injuries cause significant hardship each year. From overwhelming medical costs to the inability to work after suffering a severe injury, victims of negligence can face financial hardship and damage to their quality of life.
If you are the victim of a personal injury in Urbana-Champaign, you have legal options available to you. You may be eligible to seek compensation for your damages through a personal injury lawsuit — as long as you can establish the presence of negligence.
In these situations, Duncan Law Group can represent your claim. Our attorneys will work tirelessly for your right to compensation, taking the time necessary to learn your story and craft a compelling case in your favor.
A personal injury occurs when you suffer damage to your mind or body as a result of someone else’s negligence or recklessness. An at-fault party in a personal injury claim can be another individual, a corporate entity, or even a government agency.
Many different accidents may result in a personal injury claim. Some of the personal injury claims Duncan Law Group handles include the following:
All personal injury claims in Illinois rely on the presence of negligence. Once you identify the person or entity responsible for your injuries, you and your attorney will need to gather evidence to prove that the at-fault party breached a duty of care, directly causing your injuries and damages.
To establish negligence, you will need to prove the following four elements:
Another element of personal injury law that may play a role in your claim is the theory of comparative fault, which can reduce the number of damages you receive. Illinois follows a modified comparative fault rule, which sets the following guidelines:
For example, say that you are visiting a coworker’s property and you slip on a patch of ice on his driveway, leading to a broken hip. You file a claim against him for $40,000 for your medical expenses, lost wages, and emotional damages. His attorney argues you were wearing inappropriate shoes at the time of the accident, which contributed to your accident.
The court agrees and assigns you 20% of the fault. You will then receive $32,000 out of your original $40,000 settlement. If the court assigns you 60% of the fault, you will not receive any money — leaving you in significant pain and financial turmoil.
The risk of a comparative fault reduction can seriously harm your recovery. Hiring a personal injury attorney to represent your claim can help defend you against inaccurate depictions of fault and help retain maximum possible compensation.
If you plan on filing a personal injury lawsuit in Illinois civil court, you will need to know what the statute of limitations is for your claim. The statute of limitations is a rule that sets a deadline by which you must file your claim. If you do not file your claim within this period, the court will dismiss your claim and you will not receive any compensation.
In Illinois, you must file your personal injury claim within two years after your accident. In some cases, you may not be aware of your injuries until later, and you have two years from the date you discovered the injury to file your lawsuit.
While this deadline may seem strict, the statute of limitations helps keep your evidence and witnesses fresh and available for the courtroom, allowing you to build the strongest claim possible. To ensure you file your claim by the correct deadline, speak to an attorney at Duncan Law Group.
If you are the victim of a personal injury in Urbana-Champaign, don’t wait to seek the compensation you need to recover. Contact the personal injury attorneys at Duncan Law Group as soon as possible.
Hiring one of our attorneys can provide several benefits to your case, from access to a wide network of resources to experience navigating the Illinois court system. Contact our firm today to schedule your free consultation and learn more about your legal options.