Chicago Personal Injury Attorney

At GWC Injury Lawyers, our Chicago IL personal injury lawyers have extensive experience in many case types. We understand that each case is unique, and we approach every client’s situation with the personalized attention it deserves. Our areas of expertise include:

Car Accidents | Truck Accidents |Uber / Lyft Accidents | Motorcycle Accidents | Bicycle Accidents | Pedestrian Accidents | Bus Accidents | Boating Accidents | Airplane Accidents | ATV Accidents | Dog Bites | Medical Malpractice | Mesothelioma | Wrongful Death | Nursing Home Abuse/Neglect | Construction Accidents | Police Brutality

No matter the accident or injury you’ve suffered, our team at GWC Injury Lawyers is prepared to fight for your rights and pursue the compensation you deserve.

What is Negligence in Illinois?

Illinois law defines negligence as the failure to use reasonable care resulting in damage or injury to another party. To prove negligence in a personal injury case, four elements must be established:

Duty: The defendant owed a legal duty of care to the plaintiff.

Breach: The defendant breached that duty by failing to act as a reasonably prudent person would under similar circumstances.

Causation: The breach directly caused the plaintiff’s injuries. This includes both:

• Cause-in-fact (the injury wouldn’t have occurred without the defendant’s actions)
• Legal cause (the injury was a foreseeable result of the defendant’s actions).

Damages: The plaintiff suffered actual damages because of the defendant’s negligence. Damages include:

• Physical injuries
• Emotional distress
• Financial losses
• Property damage

Our experienced Chicago personal injury attorneys at GWC Injury Lawyers are skilled at proving these elements to build a strong case for our clients.

Illinois Statute of Limitations for Personal Injury Cases

In Illinois, the statute of limitations for most personal injury cases is two years from the date of the injury. However, there are situational exceptions and nuances to be aware of.

Medical Malpractice

For medical malpractice cases, the statute of limitations is usually two years from the date the patient knew or should have known of the injury, but no more than four years from the date of the medical error. For minors, the statute doesn’t begin until they turn 18.

Cases Involving Minors

For most personal injury cases involving minors, the two-year clock doesn’t start until the minor turns 18.

Cases Against Government Entities

Claims against state or local government entities must typically be filed within one year.

Construction Injuries

Many construction injuries are governed by the usual two-year statute of limitations. In certain situations, however, claims for injuries sustained on a construction site can be filed up to four years after the date of the injury.

Discovery Rule

The statute of limitations may be extended if the injury wasn’t immediately apparent. The clock starts when the victim knew or should have known about the injury.

It’s crucial to consult with a Chicago personal injury attorney as soon as possible after an injury to ensure you don’t miss any critical deadlines. At GWC Injury Lawyers, we can help you understand how the statute of limitations applies to your case and take prompt action to protect your rights.

Comparative Negligence in Illinois

Illinois follows a “modified comparative negligence” rule, which can significantly impact your ability to recover damages in a personal injury case. Here’s how it works:

• You can recover damages if you’re not more than 50% at fault for an accident
• Your compensation is reduced by your percentage of fault
• If you’re 50% or more at fault, you cannot recover any damages

For example, if you’re awarded $100,000 in damages but found to be 20% at fault for the accident, your compensation would be reduced to $80,000.

This rule makes skilled legal representation even more important. Insurance companies and opposing attorneys will often try to shift more blame onto the injured party to reduce their liability. At GWC Injury Lawyers, we work diligently to present evidence that minimizes our clients’ fault and maximizes their potential compensation.

In Illinois, injury victims may be entitled to economic and non-economic damages. Understanding these different types of compensation is crucial for ensuring you receive a fair settlement or verdict.

Economic Damages

Economic damages are tangible financial losses that are easily calculated. These include:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Property damage
• Rehabilitation and therapy costs
• Home modification expenses
• Transportation costs for medical treatment

Non-Economic Damages

Non-economic damages are more subjective and relate to the personal impact of the injury. These can include:

 

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or scarring
• Loss of consortium (recoverable by the spouse of the injured party when the injury impacts the marital relationship)

Punitive Damages

In cases of extreme negligence or intentional harm, punitive damages may be awarded. These serve to punish the defendant and deter similar behavior in the future. However, punitive damages are rare and subject to specific legal standards in Illinois.

At GWC Injury Lawyers, we work tirelessly to ensure applicable damages are identified and accurately valued in your case. We understand the long-term impact that injuries can have on your life, and we fight to secure compensation that truly reflects the full extent of your losses.

When you choose GWC Injury Lawyers to represent you in your personal injury case, you can expect the process to look like this.

Free Case Evaluation

We’ll assess the strength of your claim at no cost to you. This will help you understand your legal options and the potential value of your case.

Thorough Investigation

Our team will gather crucial evidence to support your case, including

• Accident reports
• Medical records
• Witness statements
• Expert opinions when necessary

Handle All Communication and Negotiations

To ensure that your rights are protected, we’ll deal with insurance companies and opposing attorneys on your behalf.

Prepare Your Case for Trial

While many cases settle out of court, we prepare every case as if it’s going to trial. This thorough preparation often leads to better settlement offers and positions us well for trial.

Represent You in Court

If the case does not settle, our experienced trial attorneys will vigorously represent your interests in court.

Pursue Maximum Compensation

We’ll work tirelessly to secure maximum compensation, considering your current and future needs.

Provide Ongoing Support and Guidance

Throughout the process, we’ll answer your questions, address your concerns, and provide the support you need during this challenging time.

At GWC Injury Lawyers, we’re not just your attorneys – we’re also your advocates, support system, and partners in seeking justice.

How much does it cost to hire a Chicago personal injury lawyer?

At GWC Injury Lawyers, we work on a contingency fee basis. This means we only get paid if we win your case. Our fee is typically a percentage of the compensation we secure for you.

How long will my personal injury case take?

The duration of a personal injury case can vary widely depending on factors such as:

• Complexity of case
• Severity of injuries
• Whether the case settles or goes to trial

Some cases may be resolved in a few months, while others could take a year or more. We work efficiently to resolve your case as quickly as possible without sacrificing the quality of your representation or the amount of your compensation.

Can I still recover damages if I’m partially at fault for the accident?

Yes, as long as you’re less than 51% at fault. Learn more here.

What if the insurance company offers me a settlement?

Don’t accept any settlement offer without consulting an attorney first. Initial offers are often much lower than what your case is truly worth. Our experienced attorneys can evaluate the offer and negotiate a fair settlement that fully compensates you for your injuries and losses.

How is pain and suffering calculated in Illinois personal injury cases?

There’s no set formula for calculating pain and suffering in Illinois. Factors considered include:

• Severity of injuries
• Impact on daily life
• Duration of recovery
• Long-term effects

At GWC Injury Lawyers, we use our extensive experience and knowledge of past cases to help quantify these non-economic damages and fight for fair compensation.

Will my personal injury case go to trial?

While many personal injury cases settle out of court, some proceed to trial. We prepare every case as if it will go to trial, often leading to better settlement offers. If a fair settlement is not reached, we are prepared to advocate for you in court.

Don’t face your personal injury case alone. The experienced team at GWC Injury Lawyers is here to guide you through every step of the process and fight for the compensation you deserve.

Call us now at (312) 999-9999 for your free consultation, or fill out our online form to get started.

Remember, in Chicago personal injury cases, time is of the essence. Contact GWC Injury Lawyers today, and let us start working on your case immediately. Your road to recovery and fair compensation begins here.