The term “personal injury lawsuit” often refers to a dispute between two parties that results when one party sustains an injury or suffers harm from a preventable accident the other party allegedly caused. Such cases often stem from carelessness and negligence on the part of the responsible party. As a result, victims of personal injury in Illinois may be entitled to damages.
In some cases, multiple parties may be involved in the accident, so the injured plaintiff and their persistent personal injury attorney may choose to sue all involved parties to recover the full amount of both economic and non-economic compensation needed for their injuries. A skilled Will County personal injury lawyer could evaluate your case and determine whether you have a valid claim worth pursuing.
Laying the Groundwork for a Personal Injury Claim
In most situations, every person owes a duty of care—an obligation to avoid injuring someone else or placing them in the path of danger—to others around them. In many personal injury cases, the plaintiff shoulders the burden of determining if there was such a duty of care involved in their injury, and if so, how broad it was.
Depending on the circumstances, determining the duty of care may be difficult because there are no specific laws defining how a person should act. For instance, a retail store has some duty of care towards the safety of its customers, but there are no objective legal guidelines on what exactly the business owner must do to satisfy this duty beyond “reasonably” ensuring customer safety. Defining negligence like this is where representation from a Will County personal injury attorney could be particularly helpful.
Determining Legal Negligence
It is one thing to recognize that there is a duty of care involved in a personal injury situation. The next question is whether the defendant lived up to their duty. If they did not, Illinois state law may label the defendant legally negligent.
A person may breach a duty of care by allowing a dangerous situation to proceed beyond the normal level of risk people encounter on a day-to-day basis. Whether the duty of care was met is the issue on which many personal injury cases turn.
While it may seem relatively simple to show whether, for example, a driver was going over the posted speed limit, it may not be the end of an inquiry into a breach of duty of care. For example, a motorist’s ability to show compliance with the posted speed limit may not necessarily prove the motorist was obeying Illinois’s traffic laws. That issue may involve determining what would have been a safe speed under the specific circumstances leading to an accident.
The Statute of Limitations for Personal Injury Cases
If another person’s negligence or intention act causes injury, the plaintiff may seek a civil remedy for losses from the court. As spelled out in 735 Illinois Compiled Statutes 5/13-202, though, a plaintiff must commence actions for damages related to a personal injury—meaning they must file initial documentation in court—within two years of the date of the injury.
Failing to adhere to this deadline may result in the plaintiff losing the ability to recover financial compensation for injuries sustained in the accident. Fortunately, a dedicated personal injury lawyer in Will County could help ensure prospective plaintiffs do not miss any important deadlines in their quest to recover financially from the consequences of someone else’s negligence.
Working with a Will County Personal Injury Attorney
Recovering from a personal injury can not only be painful, but it can be expensive as well. Many families incur outstanding medical bills, acquire significant debt, and may be forced to take a leave of absence from work.
If you or a family member suffered an injury in any kind of accident you did not cause, an experienced Will County personal injury lawyer could help you fight for the compensation you deserve. Call today to schedule an initial consultation.
