Injury Law FAQ's
What Qualifies as a Personal Injury Claim?
Personal injury claims arise when someone is injured, or killed, as a result of another party’s actions or negligence. This includes truck accidents, car accidents, jobsite injuries, slip and falls, medical malpractice, workplace injuries, product liability, and more. There must be a link, causation, between the party’s action (or inaction) and the injury or death.
Those affected by personal injury may be entitled to financial compensation for medical bills, lost wages, pain and suffering, emotional distress, and long-term disability. In cases of wrongful death, families can pursue a claim on behalf of a loved one who lost their life due to the negligence or actions of another.
Those affected by personal injury may be entitled to financial compensation for medical bills, lost wages, pain and suffering, emotional distress, and long-term disability. In cases of wrongful death, families can pursue a claim on behalf of a loved one who lost their life due to the negligence or actions of another.
How Long Do I Have to File a Personal Injury Claim?
The statute of limitations, or deadline, on most personal injury claims in Indiana and Illinois is generally two years from the date of the accident or injury. There are some exceptions to this rule, such as when the injured party is a minor or under some legal disability. Claims against governmental entities may have a shorter statute of limitations, and deadlines for medical malpractice claims may be different as well.
It is important to take action as soon as possible. Filing your claim promptly helps ensure important evidence is preserved and avoids issues with the statute of limitations. A personal injury attorney will walk you through the process every step of the way to ensure the filing is timely.
It is important to take action as soon as possible. Filing your claim promptly helps ensure important evidence is preserved and avoids issues with the statute of limitations. A personal injury attorney will walk you through the process every step of the way to ensure the filing is timely.
What is Considered a Good Settlement for a Personal Injury Claim?
Your claim’s settlement amount varies upon a host of factors, including the nature and extent of the injury as well as liability and who is at fault or partially at fault for the injury. Minor injuries generally result in settlements in the range of $2,000 to $8,000. Moderate to serious injuries can result in settlements varying from $20,000 to $100,000 or more. Catastrophic injury claims with higher limits of insurance coverage often exceed $100,000 or even several million dollars depending on many things specific to that specific case. At Allen Law Group, our attorneys will seek to recover the maximum amount for your injury claim.
How Long Does a Personal Injury Claim Take to Settle?
Personal injury claims vary in complexity and often will need to be tried in order to obtain the maximum compensation. As for how long this process takes, that depends largely on the circumstances surrounding your claim. Your claim can take any where from several months to several years to settle. Usually claims with serious injuries, seeking large amounts of compensation, or serious disputes take longer than more simple claims. Some claims may resolve presuit while others may need a lawsuit to be filed in order to be resolved.
What Is The Cost To Hire a Personal Injury Lawyer?
Many personal injury attorneys charge no fees until they win. Experienced injury attorneys understand that a personal injury has a devastating financial impact on the injured and their family which is why there are no fees until there is a recovery by way of settlement or verdict.
Generally, personal injury attorneys are paid on a contingency fee, meaning a portion of your settlement or verdict amount. The most common fee a personal injury lawyer makes is 33.33-40% of the final settlement or verdict of an injury claim. This eliminates the financial hardship you may face if you had to pay a lawyer upfront before your claim is settled or tried. Hiring a personal injury attorney that will continue to work hard on your behalf until your claim is settled or tried is in your best interest.
Generally, personal injury attorneys are paid on a contingency fee, meaning a portion of your settlement or verdict amount. The most common fee a personal injury lawyer makes is 33.33-40% of the final settlement or verdict of an injury claim. This eliminates the financial hardship you may face if you had to pay a lawyer upfront before your claim is settled or tried. Hiring a personal injury attorney that will continue to work hard on your behalf until your claim is settled or tried is in your best interest.
Can I Still File a Personal Injury Claim if I Am Partially at Fault?
Yes. Even if the accident or injury is partially due to your own actions or negligence, if someone else is also responsible, you can still file a personal injury claim. For example, if you were injured at work by an improperly maintained machine, but you were not paying attention, then you can still file a claim. While your negligence might have partially caused the injury, the improper maintenance by the company that services the machine means they partially responsible.
With claims like these, your settlement may reflect your partial fault though. Your recovery is likely to be reduced based upon your percentage of fault. This is referred to as “comparative fault" which is relevant in both Illinois and Indiana.
With claims like these, your settlement may reflect your partial fault though. Your recovery is likely to be reduced based upon your percentage of fault. This is referred to as “comparative fault" which is relevant in both Illinois and Indiana.
What Should I Do if I Get Injured on the Job?
If you are injured on the job, whether the symptoms show immediately or a couple days later, you should seek medical attention as soon as possible.
There is also a difference between worker’s compensation and third-party injury claims. Worker’s compensation (also called workman’s compensation) is based on a no-fault system, which means that your eligibility for benefits is not determined by who is at fault but are generally available if you have been injured within the course and scope of your employment. Third-party personal injury claims assign liability to someone other than yourself, a co-worker, or your employer. Worker’s compensation usually covers medical expenses as well, whereas personal injury claims can cover a broader range of damages such as pain and suffering.
There is also a difference between worker’s compensation and third-party injury claims. Worker’s compensation (also called workman’s compensation) is based on a no-fault system, which means that your eligibility for benefits is not determined by who is at fault but are generally available if you have been injured within the course and scope of your employment. Third-party personal injury claims assign liability to someone other than yourself, a co-worker, or your employer. Worker’s compensation usually covers medical expenses as well, whereas personal injury claims can cover a broader range of damages such as pain and suffering.
What Should I Ask Before Hiring a Personal Injury Attorney?
When hiring a personal injury attorney, it is important that you are fully informed. You may want to ask a few questions before you decide who to choose. Choosing a lawyer that has experience in your specific claim type is beneficial because they will be more experienced regarding the specific laws and regulations surrounding your circumstance. You can also inquire about whether or not they charge fees upfront. Lastly, an important piece of information to know before hiring a personal injury attorney is will they try the case if needed.
How Do I Prove Who is at Fault for My Personal Injury Claim?
When a personal injury attorney begins building your claim, they will typically start by gathering evidence from the scene where the accident occured. This can include taking photos and videos of relevant areas, such as skid marks on the road or any unsafe conditions on a jobsite. They might also request written or recorded statements from individuals who witnessed the incident. Police or incident reports are carefully reviewed to understand all critical details, and any existing surveillance footage is requested when available. Throughout this process, attorneys often consult professionals like accident reconstruction specialists, medical experts, and engineers to analyze the evidence and provide informed perspectives. This evidence is compiled to create a compelling argument for your claim.
What Damages Can I Receive Compensation for With a Personal Injury Claim?
In personal injury claims, you may be eligible for compensation as a result of economic, non-economic, or sometimes punitive damages. Economic damages include things that cost you money in some way, such as lost wages, medical bills, property damage, and other out-of-pocket expenses. Non-economic damages include things like pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (or loss of relationship with spouse or family members) as a result of your injury. Punitive damages are not very commonly awarded compensation, but they are designed to punish the responsible party in situations where recklessness or malicious intent were present.
Do I Need to Hire a Personal Injury Attorney?
While not required by law, hiring a personal injury attorney to represent your claim has many benefits. Personal injury attorneys spend many years studying the law. They do all of the investigative work for you, and they can retain the experts needed to help prove your case. Additionally, most personal injury attorneys offer their services without fees until they win. Personal injury lawyers utilize their legal skill with many years of experience with diverse injury claim types, enabling them to successfully navigate a variety of personal injury claims. Lastly, people who hire a personal injury attorney for their claim, on average, receive significantly more in compensation than those who do not.
Do I Have to Take my Personal Injury Claim to Court?
A majority of personal injury claims are resolved through settlement negotiations before ever reaching the courtroom. Settlements can often be quicker and less complex, which is why many choose this route. However, in some situations, accepting an early settlement may result in receiving less compensation than you deserve.
Taking a claim to court can sometimes lead to a higher settlement amount because a judge or jury may award damages that an insurance company is unwilling to offer during negotiations. This is especially true in cases involving severe injuries, long-term medical care, or clear evidence of negligence. While litigation can take more time and involve additional steps, it also provides an opportunity to pursue the full extent of your damages rather than accepting a reduced offer.
Taking a claim to court can sometimes lead to a higher settlement amount because a judge or jury may award damages that an insurance company is unwilling to offer during negotiations. This is especially true in cases involving severe injuries, long-term medical care, or clear evidence of negligence. While litigation can take more time and involve additional steps, it also provides an opportunity to pursue the full extent of your damages rather than accepting a reduced offer.
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If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.
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