Illinois Personal Injury Laws to Be Aware Of

A personal injury lawsuit can help you get the compensation you need when you’ve been injured because of another person’s negligence. Unfortunately, the laws that give you a right to compensation can also hinder your claim if you don’t fully understand them or work with a lawyer who does.

If you’re not sure what personal injury laws to be aware of, call a lawyer at Mahoney & Mahoney, LLC. Building a solid personal injury claim is difficult in Illinois, and a mistake might mean getting left with a financial burden that shouldn’t be yours. If you’re confused, a lawyer can help explain the following laws and more.

Fault in Car Accidents

One of the first obstacles to deal with in any personal injury case will be fault. For auto insurance, Illinois is a fault state, meaning the damages in each accident will be the responsibility of one of the drivers in the crash. In contrast, some other states have each driver cover his or her own damages through insurance.

Keep in mind that uncovering fault for the accident will be a key part of your case. It’s important to prove that you’re not at fault for your auto accident. If the other driver or insurance company can pin most of the blame on you, you could lose your shot at the compensation you need.

Statute of Limitations

You’ll also need to make sure you’re within the right time frame to file a personal injury claim. Illinois gives you two years to file your claim.

Unfortunately, if you miss that deadline, you’ll be barred from recovery. If you’re getting close to that time, give us a call as soon as possible.

Negligence Laws

Timing won’t be the only thing that could keep you from full compensation. Life is messy, and sometimes accidents aren’t the fault of only one party. Illinois law recognizes that, and it can get confusing quickly.

Illinois practices modified comparative negligence, which means you’ll be held accountable for fault the defendant successfully pins on you. For example, let’s say you were driving slightly over the speed limit. Partially because of your speed, you didn’t have a fast-enough reaction time to avoid a truck that hit you after it ran a red light.

While you weren’t the sole cause of the accident, the defense will do what it can to put the blame on you. If you’re found to hold 10 percent of the fault, for example, you’ll only be able to receive 90 percent of your compensation. When you’re facing severe financial consequences after an accident, that 10 percent can mean a lot.

Other Laws Will Affect Your Case

While these will be the biggest factors in your personal injury case, many other laws may apply, depending on the nature of your claim. There may be many other Illinois personal injury laws to be aware of, and you probably don’t have time to learn them all.

Fortunately, a lawyer from Mahoney & Mahoney, LLC can help. We’ll make sure you know the laws important to your case and handle all the picky legal details on your behalf. We’ll walk you through the process, from our free initial consultation with you to the final settlement offer or court decision.

To get started, call us at 815-656-4600 or fill out the online contact form at the bottom of this page.