Those who have experienced a personal injury in Illinois may be eligible for compensation by filing a personal injury claim. Types of personal injuries that are typically covered by personal injury law in Illinois include those caused by auto accidents, slip and falls, motor cycle accidents, truck accidents and more. As long as you can prove the accident and your injury was not your fault you should be eligible to file a claim for compensation from the person or entity which caused your accident.
How Do I File a Claim in Illinois?
In Illinois anyone resident in the state who has been a victim of an accident that was not their fault is permitted to file a lawsuit against the at-fault party for any personal injury. In order to help ensure the claim is successful he or she needs to provide sufficient evidence that proves who caused the accident. This may include any of the following:
- eye witness reports of the accident;
- police report if it was a motor vehicle accident;
- footage retrieved from security cameras;
- doctor’s medical report describing the injury;
- photos taken at the scene of the accident showing how the accident took place.
If you are requesting $10,000 or more in compensation then you should file your claim at one of the 24 circuit courts found in Illinois. You will need to file the forms listed below:
- a complaint form, where you describe your reasons for filing a personal injury lawsuit including what caused your injury, the type of injury that you suffered, and the compensation you require;
- a civil lawsuit cover sheet which provides the basic information for court staff such as names, addresses, and contact information;
- an appearance form which should provide the name of your personal injury attorney;
- a summons that informs the defendant of the upcoming lawsuit.
What is the Statute of Limitations in Illinois?
Illinois has a time limit of 2 years for filing a personal injury lawsuit in the state's civil court system. This time starts usually from the date of the accident. For personal injury claims against an Illinois city or county, you have 12 months to file a personal injury lawsuit while against the state of Illinois it is 2 years, but you will need to file a formal claim within 12 months to be eligible for any compensation for an injury that was not your fault.
How Do I Prove Negligence in Illinois?
Negligence in Illinois is when an individual owes a duty to another person but fails in that duty and that person is injured the person at-fault is then liable for the injuries. For example, if a surgeon leaves a scalpel inside a patient which causes an infection, he or she may be held liable for medical negligence. Illinois negligence laws are also based on contributory negligence when the plaintiff may also be found to be partly at fault for his or her injuries.
If you have the evidence that someone was negligent which caused your injuries, you have to prove all of the parts of the negligence case as described below:
- the defendant owed you duty of care;
- the defendant did not meet that duty which caused your injury;
- you have been injured and suffered some loss as a result.
However, if you slip and fall in a grocery store but you are not injured you cannot file an Illinois personal injury claim against the person or entity responsible for your accident.
What Kind of Compensation Can I Receive in Illinois?
There are two categories of compensation allowed in Illinois. One is economic damages which are calculated in cash terms such as the cost of medical bills, lost wages, property damage, etc. Non-economic damages include harm done to the victim caused by the injury such as pain and suffering and emotional distress.
In Illinois an injured person can claim the following economic and non economic damages in a personal injury claim:
- medical treatment, including medications;
- loss of wages until return to work is possible;
- out of pocket expenses like taxi rides for medical treatment;
- attorney’s fees;
- physical therapy, if required;
- damage to property;
- punitive damages;
- pain and suffering.
How Do I Get Personal Injury Help in Illinois?
Often it is difficult to find sufficient evidence to prove who or what caused your accident but a personal injury lawyer may offer personal injury help with a free case evaluation to evaluate the evidence and decide if it is good enough to support an Illinois personal injury claim.
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