Frequently Asked Questions

You may have a valid personal injury case if your injury resulted from someone else’s negligence, recklessness, or intentional actions. Key factors include: another party’s duty of care was breached, this breach directly caused your injury, and you suffered measurable damages (medical bills, lost wages, pain and suffering). The strength of your case depends on evidence, witness testimony, and documentation of your damages.

In Illinois, you generally have two years from the day you were injured to file a personal injury lawsuit. However, there are exceptions. For medical malpractice, you typically have two years from when you discovered (or should have discovered) the injury. Some cases involving government entities have shorter deadlines. Missing this deadline usually means losing your right to compensation forever, so it’s crucial to consult with an attorney as soon as possible.

Case resolution time varies significantly based on complexity, severity of injuries, and willingness to negotiate. Simple cases with clear liability might settle within 6-12 months. Complex cases involving severe injuries, multiple parties, or disputed liability can take 2-3 years or longer. Your attorney will provide realistic expectations based on your specific circumstances.

A settlement is a negotiated agreement between parties that resolves the case without going to trial. Most personal injury cases (about 95%) settle out of court. Settlements offer certainty, faster resolution, and lower costs, but may result in lower compensation. A trial verdict occurs when a judge or jury decides the outcome after hearing evidence. Trials can result in better compensation but involve greater risk, time, and expense. Your attorney will advise whether a settlement or trial is best for your situation.

Insurance companies typically make initial offers that are significantly lower than your case’s true value. They aim to minimize payouts and may offer settlements before you fully understand your injury. First offers often don’t account for future medical expenses, ongoing pain and suffering, or long-term disability. Having an attorney review any offer protects your interests and often results in substantially higher compensation.

Warning signs include: the offer came quickly after your accident, it doesn’t cover all your medical expenses, it ignores lost wages and future earning capacity, there’s no compensation for pain and suffering, the insurance adjuster pressured you to accept quickly, or the offer seems unreasonably low compared to your damages. If you’re unsure about an offer’s fairness, consult with a personal injury attorney.

A denied claim doesn’t end your options. Common denial reasons include: disputing liability, claiming pre-existing conditions, or arguing the injury isn’t covered. Your attorney can appeal the denial by providing additional evidence, medical documentation, and legal arguments.

While not legally required, having an attorney dramatically improves your chances of fair compensation. Insurance companies have large teams working to minimize payouts. Personal injury law is complicated, with strict deadlines and procedural requirements. Studies show that injury victims with legal support receive significantly higher settlements than those representing themselves.

Choose an attorney with in-depth knowledge of personal injury law, a long record of successful settlements and verdicts, strong negotiation skills, trial experience if needed, good communication and responsiveness, and contingency fee arrangements. Look for attorneys who focus primarily on personal injury cases rather than general practice lawyers.

Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless they secure compensation for you. This arrangement allows injury victims to access quality legal representation without upfront costs.

Bring all relevant documentation, including accident reports (police, incident reports), medical records and bills, insurance correspondence, photographs of the accident scene and your injuries, witness contact information, employment records showing lost wages, and any other relevant documents. Don’t worry if you don’t have everything – your attorney can help obtain missing records. The more information you provide, the better your attorney can assess your case’s value and strategy.

Getting injured due to someone else’s negligence shouldn’t leave you struggling with mounting bills and uncertainty about your future. Understanding your legal rights and options is the first step toward securing the compensation you deserve. If you have additional questions about your specific situation, contact Brassfield & Krueger for a free consultation.