Illinois Personal Injury Statute of Limitations
Personal injury law covers a large array of different types of accidents that result in a number of various injuries. Some types of accidents include auto accidents, slip and falls, dog bites, defective products, construction accidents and medical malpractice, among others – personal injury law encompasses all of these and morel. Known as tort law in the legal industry, personal injury law refers to legal rights a victim of an injury has to seek monetary compensation for the negligent or reckless act of another that was the cause of the harm. Damages to both property and the person are allowed in these cases. If you or someone you love has been injured due to the negligence of another, contact a skilled and aggressive Rockford personal injury lawyer right away.
Personal Injury Basics
Generally, state law governs personal injury lawsuits. The exception, however, is when the accident involves individuals from other states or countries as federal or even international law may apply. More often than not, however, personal injury lawsuits are filed in the state where the injury took place. A plaintiff who files suit must prove that injuries occurred for which they can be compensated. Evidence that may be presented by a plaintiff’s attorney in court before a judge and jury during the litigation process include photos, videos, medical records, medical expense bills, as well as any other relevant information relating to the accident in question.
There are statutory time limits that govern Illinois personal injury lawsuits, which are civil and not criminal actions. Specifically, state law imposes a two-year statute of limitations shortening the time frame in which an injured party is legally allowed to file a suit before it is barred forever. Generally, the timing is usually triggered based on the date of injury; sometimes, however, Illinois law will begin the time from the date the plaintiff discovered the injury. Time limits are even shorter – just one year – when a plaintiff is filing a personal injury claim against a municipality or county. As can be seen, there are many factors involved in a personal injury cases and timing is of the essence. For this reason, an experienced and aggressive Rockford personal injury attorney should be contacted right away.
Damages in personal injury cases are calculated using comparative fault theory. This legal theory is used to calculate who is responsible for damages when one party is more at fault for the accident than the other. If one of the parties can prove that the other party contributed to his or her injury and, consequently, was more at fault for the accident, Illinois courts will apply what is known as modified comparative fault in order to calculate damages. When a court uses this rule, the amount of each party’s liability is reduced according to the percentage of fault attributed to each party. The exception is if the plaintiff is found to be 51 percent at fault. When a plaintiff is deemed more at fault, his or her damage award drops to zero.
If you have suffered injury, don’t hesitate to contact the attorneys at Brassfield, Krueger & Ramlow, Ltd. for assistance. We are eager to help you with your case.