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Urbana-Champaign Personal Injury Lawyer

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.

Why Choose Us for Personal Injury Claims in Urbana-Champaign ?

  • Our firm operates on a contingency fee basis to help you seek the compensation you deserve. You do not have to pay legal fees unless we secure a settlement on your behalf.
  • Our attorneys not only work to help you seek maximum possible compensation; we care about helping you seek the support you need. Our firm prioritizes our clients’ well-being above all else.
  • We believe in open, honest communication and transparency throughout the personal injury process. We will always inform you of any important updates in your case and help you prepare for each stage of your case.

Common Types of Personal Injury Claims in Urbana-Champaign

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:

Proving Negligence in Personal Injury Lawsuits

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:

  1. Duty of Care: For a personal injury to occur, the at-fault party must owe you a duty of care at the time of the accident. This duty of care will depend on the type of accident you are in. For example, drivers owe each other a duty of care to drive safely and property owners have a duty to maintain safe premises.
  2. Breach of Care: The at-fault party will need to breach his or her duty of care for negligence to be present. For example, if a driver is speeding at the time of the accident and crashes into your car while you are waiting at a stoplight, you can establish the breach of care because the driver broke traffic law.
  3. Causation: To establish negligence, the breach of care must directly cause your injuries. Using our car accident example, you can use surveillance footage, accident reports, witness testimony, and medical records to prove the cause of your injuries.
  4. Damages: Your injuries must result in damages you can claim in your lawsuit. These damages may include medical expenses, lost wages, and property damage, as well as emotional and physical pain and suffering damages.

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:

  • If you share 1% to 50% of the fault in your accident, the court will reduce your award amount by the liability percentage you share.
  • If you share 51% or more of the fault in your accident, you will not receive any damages at all.

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.

The Statute of Limitations for Urbana-Champaign, Illinois Personal Injury Claims

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.

Contact Duncan Law Group Today For  Urbana-Champaign Personal Injury Claims

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.