Chicago Personal Injury Lawyers

Common Personal Injury Cases

Personal injury cases are those in which an injury, either physical or psychological, was sustained due to the negligence or wrongdoing of another party, such as a person, organization, or company. Common cases include:

Do I Have a Personal Injury Case?

Personal injury cases in Illinois come down to two factors: Negligence and Damages.

Negligence is based on the idea that people have a duty to exercise reasonable care in their actions by taking account of the potential harm or injury that they might foreseeably cause to other people.  The negligent party in a personal injury case is the one who breached this duty and caused you damages.

Damages in a personal injury case can take many forms, including:

• Physical injuries, such as neck and back pain, cuts, bruises, abdominal trauma, broken bones, eye damage, torn ligaments, scarring, burns, disfigurement, amputations, head and brain trauma, paralysis, and even death.
• Medical bills.
• Lost wages.
• Out-of-pocket expenses, including the cost of medical equipment, childcare, transportation to and from medical appointments, and home help.
• Pain and suffering.
• Loss of enjoyment of everyday life.
• Deprivation of the benefits of a family relationship (loss of consortium).
• Psychological injuries, including anxiety and PTSD.

If you have suffered any of these damages because of another party’s negligence, that party should be held accountable for the trouble he or she has caused you.  To make sure that this happens, contact GWC, where our tireless dedication to advocating for the rights of personal injury victims has made us one of the leading personal injury law firms in the state of Illinois.  Our attorneys have recovered over $2 billion in settlements and court judgments for our clients’ injuries.  Although nothing can reverse what happens to them after they are involved in an accident, we are here to help our personal injury clients regain control of their lives.

Personal Injury Frequently Asked Questions

Q: How Much Is My Personal Injury Case Worth?

A: Many factors impact how much a personal injury case is worth, including legal merit, insurance, medical expenses, wage loss, and permanency of injuries.

Q: How Do I File a Personal Injury Claim?

A: If you get injured because of somebody else’s negligence, there are a number of important steps you need to take in order to file a personal injury claim.

Q: Do I Have to Go to Court for My Personal Injury Case?

A: You may not have to go to court for your personal injury case, but it is crucial that you hire a capable attorney who can represent you at trial if you do.

Q: Do I Need Medical Treatment for a Personal Injury Case?

A: You need to receive medical treatment as soon as possible after an accident in order to obtain the evidence necessary for a valid personal injury case.

Q: Can I Be Compensated for Pain and Suffering in a Personal Injury Case?

A: Non-economic damages like pain and suffering may be taken into consideration when calculating the value of a personal injury case in Illinois.

Q: Can I Claim Wage Loss in a Personal Injury Case?

A: If you have been unable to work because of your injuries, your wage loss may be taken into account when assessing the value of your personal injury case.

Who Is at Fault in a Personal Injury Case?

If a victim hopes to obtain financial compensation in a personal injury claim or lawsuit in Illinois, his or her attorneys must identify and pursue the party or parties who are at fault or “liable” for the victim’s injuries.  Personal injury lability is determined by negligence, which is based on the legal principle that individuals have a duty to exercise reasonable care by acting in a way that considers the potential harm or injury that they may foreseeably cause to others.  When a defendant “breaches” that duty and causes injury, it may be possible to establish the defendant’s negligence.

For a successful claim of negligence in a personal injury case, the victim’s lawyers will need to demonstrate four elements:

1. The defendant owed a duty to the victim to exercise caution by acting in such a ways so as not to foreseeably cause harm or injury;
2. The defendant breached this duty by failing to meet the demands required of this duty;
3. The defendant’s breach of this duty resulted in the accident in question; and
4. The victim suffered injuries or other damages in the accident for which compensation may be ordered.

If a victim’s lawyers can prove to a jury, judge, or insurance company that the defendant was liable for the accident, the defendant’s insurance company could be economically liable for the victim’s injuries, losses, and other damages.  If a victim’s attorneys cannot demonstrate liability on the part of the defendant for the injuries sustained, economic recovery from the defendant’s insurer may not be possible.

How many parties may be liable in a personal injury case will depend upon the specific incident causing injury.  In some cases of accidental injury, such as a two-vehicle car accident where the at-fault driver was also the owner of the vehicle, there may only be only one party who is liable for the victim’s injuries.  In other cases, there could be a variety of parties who may bear varying degrees of liability for the resultant injuries.  For example, in a commercial truck accident, the liable parties could include the:

• Truck’s driver; 
• Truck’s owner (if different);
• Owner of the shipping company (if different from the owner of the truck);
• Company whose goods the truck may have been transporting; or
• Loader of any improperly secured cargo (if applicable).

Any of these parties could potentially be at fault for a victim’s injuries, depending upon the nature of the accident in question, and possibly other parties as well.  

Multiple parties could also share liability in cases of negligent injuries on large construction projects, which require the participation of many entities, each with their own duties and levels of responsibility.  Potential defendants in a construction injury case could include the:

• Building and/or property owners;
• General contractor overseeing the project;
• Contractors; and
• Subcontractors.  

All of these entities have different legal and contractual obligations, and a victim’s personal injury lawyers need to determine if their failure to honor these obligations inflicted injury.

Sometimes parties who were not even present at the time of an accident could be partly liable for the injuries incurred.  In a personal injury case in which intoxication proved to be factor, the party or parties who overserved the defendant alcohol could be pursued for damages through a Dram Shop claim.  Similarly, a victim’s attorneys could file a product liability lawsuit against the manufacturer, distributor, or retailer of a defective product that caused injury.

If the driver of a government vehicle causes an accident, or if hazardous roads, walkways, or public facilities contribute to somebody’s injuries, a plaintiff could seek damages from the municipal, county, or state agencies involved.  Certain immunities and limitations may apply in cases against government bodies, so you may want to consult a personal injury attorney to better understand your legal rights. 

As you can see, many parties could be at fault for a single accident.  Injured victims should consider retaining a lawyer who knows how to properly identify and pursue everyone who may be liable because failure to do so within the time allotted by law could forever prohibit plaintiffs from obtaining full compensation for their injuries.

What If the Victim Is Partly at Fault?

If a victim is partly at fault for the accidental injury in question, it can impact the viability of a personal injury case.

Unlike some states which bar plaintiffs entirely from seeking compensation if they bear any responsibility for their own injuries, Illinois uses a modified comparative negligence system that could permit limited financial recovery.

Modified comparative negligence is a theory of comparative fault that allows a plaintiff to obtain damages from a defendant provided that the plaintiff is no more than 50 percent responsible for his or her injuries.  If the plaintiff is more than 50 percent at fault for an accident, he or she would not be eligible for any damages from the defendant.  Even if the victim meets the minimum threshold for compensation, the amount recovered will be reduced in proportion to that plaintiff’s degree of liability.

For example, if a plaintiff incurs $100,000.00 in damages in a two-party accident in which he or she was 50 percent responsible, the modified comparative negligence rule holds that the plaintiff could recover damages from the defendant.  However, these damages would be reduced by the 50 percent for which the plaintiff was liable.  This would cap the maximum amount of recovery for any injuries at $50,000.00 (50 percent of the total damages available).

On the other hand, if a judge or jury finds that a plaintiff was even 50.0001 percent at fault for an accidental injury, the plaintiff would receive nothing because he or she exceeded the modified comparative negligence limit of no more than 50 percent liability.

A victim who shares some blame for an accident should consider seeking out a personal injury lawyer who has successfully represented plaintiffs in cases with contested liability.  Skillful legal advocacy can mean the difference between at least some compensation for an injury and no compensation at all.

Do I Need a Personal Injury Lawyer?

Our attorneys will work aggressively to represent you and get the best result possible for your personal injury case. They will gather supporting information to uphold your claim, secure expert testimony, and ensure legal documents are filed with the court in a timely manner. GWC Injury Lawyers is committed to providing every client with quality legal representation, offering personalized attention as we guide you step-by-step through the legal process.

Get answers to frequently asked questions related to personal injury law.

What Compensation Is Available in a Personal Injury Case?

GWC’s personal injury attorneys can get you compensated for a wide range of damages, include physical and psychological injuries, past, present, and future medical expenses, lost wages, reduced earning capacity, pain and suffering, permanent disability, diminished enjoyment of life, and the deprivation of the benefits of a family relationship to an injured person’s loved ones (loss of consortium).

GWC will also ensure that your verdict or settlement reflects the out-of-pocket expenses you may have incurred, including bills for childcare and housekeeping, transportation to and from medical appointments, assistive devices, and home modifications to accommodate any mobility limitations caused by your injuries.

Our personal injury attorneys may also seek punitive damages on your behalf if the defendant engaged in especially egregious behavior.  The state of Illinois sometimes permits punitive damages in cases of “willful or wanton” misconduct in order to discourage similar wrongdoing from others.  GWC will work to maximize the punitive compensation recovered if the facts of a personal injury case warrant them.   

Additionally, GWC can help surviving family members file a wrongful death action if a loved one has been tragically killed because of somebody else’s negligence.

Schedule a free consultation with one of GWC’s seasoned personal injury attorneys today to learn what you may be eligible to receive if you have suffered accidental injuries.

How Long Will a Personal Injury Case Take?

Despite what other people may have told you, every personal injury case is different.  If you take legal action against a party who wrongfully injured you, it will be impossible to know up front how long it will take to settle your personal injury claim, assuming it can be settled at all, or if you will need to file a lawsuit, if that lawsuit will have to go to trial, or what the outcome of that trial might be.

While we cannot tell you exactly when your claim will reach a conclusion, to a certain extent the duration of a personal injury case may be influenced by the Statute of Limitations.  This is the maximum amount of time that plaintiffs have to initiate legal proceedings or file suit for their injuries.  The Statute of Limitations in Illinois is typically two years after the date of injury in most cases, or one year in cases brought against a government body, with certain exceptions.  These exceptions may include personal injury cases involving minor plaintiffs, cases in which the plaintiff has a legal disability at the time of injury, and medical malpractice cases involving fraudulent concealment, among others.  (This list of exceptions is not comprehensive, and anyone considering a personal injury case should contact a lawyer to learn more about the statutory constraints they may face.)

A victim’s attorneys may try to settle a claim before the Statute of Limitations passes, but they may need to file a lawsuit if they cannot do so.  If they fail to file or otherwise resolve a personal injury claim before the Statute of Limitations runs, the plaintiff may be legally prohibited from financial recovery for his or her injuries.

However, though a lawsuit needs to be filed in court within the time prescribed by law, that does not mean that it will take that long to bring a personal injury case to a satisfactory resolution.  Some lawyers can settle a case well before the Statute of Limitations runs, while other personal injury claims may be settled or adjudicated long after the Statute has expired (assuming that a lawsuit has already been filed to preserve a plaintiff’s rights).  

A variety of factors will influence how long a personal injury case will take, including legal merit, the type and amount of available insurance coverage, the total medical bills and other damages incurred, and the nature and permanency of the injuries suffered.  No two cases are exactly alike, so the timeline for one personal injury claim is unlikely to determine how long another claim may take.  

It is impossible to predict the future, but the accomplished personal injury attorneys at GWC are happy to provide you with a no-cost, no-obligation consultation if you have been wrongfully injured.  Contact us today to learn more about what you can expect and what you will need to do to build the strongest foundation possible for your personal injury case.

How Much Does a Personal Injury Lawyer Cost?

It will cost you nothing up front to retain the personal injury lawyers at GWC because we work on a contingency fee basis.  Only when we get you compensation for your injuries will we receive reimbursement for our expenses and payment for our services, typically in the form of a percentage of your verdict and settlement.

GWC never gets paid until you get paid, and the more you get paid, the more GWC gets paid.  This mutually beneficial arrangement incentivizes us to maximize the value of your personal injury case.  It also removes any additional worries and costs at a time when you can least afford them so that you can focus on what is most important – healing from your injuries.

You May Be Entitled to Receive Compensation for Your Personal Injury

Unfortunately, injury victims know all too well the problems that result when negligence occurs. You may have been left with expenses related to your accident and medical bills which are seemingly endless. Your injury may have forced you to take time off of work, further complicating your personal situation.

But you may be entitled to receive compensation for your personal injury. Our team of legal professionals may be able to help you recover damages for medical expenses, lost wages, and pain and suffering. If you have been made a victim of someone else’s negligence, don’t delay in seeking the compensation owed to you. Fill out a Free Case Evaluation form or call 1-312-464-1234 to get started with a free case evaluation from a skilled personal injury lawyer.