How to File a Personal Injury Claim in Illinois

Published on: 06/26/23 — In 

Personal injury cases can be complex and overwhelming, especially if you are not familiar with the legal process. However, understanding the steps involved in filing a claim can help you navigate the system and increase your chances of success.

Chris Ktenas and the team at Ktenas Injury Attorneys

Filing a personal injury claim in Illinois requires careful consideration and preparation. From gathering evidence to negotiating with insurance companies, there are several steps you need to take to build a strong case. This article will guide you through the process and provide you with the information you need to file a successful personal injury claim in Illinois. Call our Chicago injury firm at 312-300-2515 today to schedule a free consultation for help with an injury claim.

How Much Time Do You Have to File an Injury Lawsuit in Illinois?

The statute of limitations in Illinois determines the deadline for filing a personal injury lawsuit. This law sets a specific amount of time after an accident or incident causing injury for claimants to file a claim. The clock starts ticking from the day of the accident or when they became aware of their injury.

The statute of limitations for personal injury claims in Illinois is usually two years. However, this time limit may be extended or shortened in some situations. For example, if a government agency or employee caused the injury, the time limit is much shorter. The two-year limit may also be extended if a defendant concealed evidence or lied about the severity of an injury. If you file a claim after the two-year statute of limitations runs out, the court will likely deny your case.

It is advised to start the personal injury claims process as soon as possible with the guidance of a qualified personal injury lawyer.

The Injury Claim Process in Illinois

Filing a personal injury claim is crucial for getting maximum compensation for injuries caused by someone else's negligence. The process starts immediately after the injury occurs. The injured party should seek medical care right away from a medical professional to ensure their safety and document any bad injuries. Documentation of injuries will help create a timeline of events and medical records leading up to and following the accident.

an injury claim form, glasses, and pen on a desk

In addition to obtaining medical attention, it’s important to preserve any evidence that may be related to the incident. Photographs of the scene of the accident or injury can prove useful for legal advice later on when filing a claim.

Victims must collect contact information from witnesses who may have seen what happened so they can testify in court if needed. If possible, victims should also take down notes regarding statements made by anyone present at the time of the incident. This will assist in providing proof for the personal injury claim being filed.

Hire an Attorney

When filing a personal injury claim for medical malpractice or an auto accident in Illinois, it is important to hire an experienced Chicago personal injury attorney who can represent you. A skilled attorney will possess knowledge of the common types of claims and more complex injury claims laws in Illinois. They will also have the necessary resources to assist in constructing a robust case.

Before any initial consultation with Chicago personal injury attorneys for your personal injury claim process, make sure to research their qualifications, track record with your type of claim, and experience. You should also ensure that you hire an attorney with experience and that they are licensed to practice law in Illinois.

Your Lawyer Calculates Your Damages

If you have been injured in an accident in Illinois and are considering filing a personal injury claim, you should consult with an experienced personal injury attorney. Your attorney will be able to assess your case and advise you on the best route to take, including whether or not filing a claim is worth pursuing.

One of the most important parts of your lawyer’s job is to calculate the damages you have suffered as a result of the accident. This includes both economic and non-economic damages, such as loss of consortium, medical bills, property damage, pain and suffering, and loss of enjoyment. Your attorney will take into consideration all of these factors when determining what type of punitive damages should be sought in your case.

A Demand Letter is Sent By Your Lawyer

Your lawyer may send a demand letter to the fault party when filing a personal injury claim in Illinois. The letter details your claim and the amount of money you're requesting for damages. It includes information about the accident, fault, medical bills, emotional distress, lost wages, and evidence.

Your lawyer negotiates a fair settlement with the liable party or their insurance company. Both sides exchange information and discuss the claim during the negotiation process. The lawyer's objective in the personal injury insurance claim is to achieve the most favorable result for you.

You Attorney Files a Lawsuit

An experienced lawyer in Illinois can assist you in the process of filing a lawsuit and seeking compensation for losses resulting from an accident.

The first step in filing a personal injury lawsuit is to contact an attorney as soon as possible after your accident. Your lawyer will review all aspects of your case and advise you on the best course of action. Depending on the circumstances, your lawyer may be able to negotiate a settlement with the responsible party or their insurance adjuster without going to a jury trial.

If negotiations fail, however, your attorney will be able to file a lawsuit in a circuit court. To have a successful legal action claim, it is important that you can prove that another person was responsible for the accident and that you suffered damages as a result. Your lawyer and their legal team will present evidence to support your personal injury complaint case and seek compensation in court.

A Settlement is Agreed On or You Go to Trial

In an Illinois personal injury case, if a settlement is not reached, a lawsuit can be filed and taken to trial. During the courtroom trial, both parties present their claims and evidence. The jury or judge decides fault and compensation. If a settlement is agreed upon, the case ends without a trial, and payment is made.

a gavel, and clipboard with an injury claim form on a judge's desk

A personal injury claim can help recover financial losses and damages, but the process can be complex sometimes leading to lengthy court battles. An experienced attorney can guide you and fight for the best outcome.

How Does Comparative Fault Work in an Illinois Injury Case?

In Illinois, “comparative fault” is a legal concept used to determine liability for an injury. In the state of Illinois, there is a doctrine of modified comparative fault that holds each party responsible for their behavior in causing an accident.

This means that if both parties are found to be at fault in some way, the amount of damages each party must pay will be adjusted according to their degree of fault. For example, if one party is found to be 50% responsible for an accident and the other party is deemed to be 40% at fault, then the damages will be adjusted accordingly.

Contact Us for Help Filing an Injury Claim

If you or someone you know has been injured in an accident in Illinois and are looking to file a personal injury claim, then Ktenas Injury Attorneys can help. Our experienced team of attorneys has decades of experience in helping people who have been injured in car accidents receive the compensation they deserve.

We understand that filing a personal injury claim can be overwhelming and confusing, so we are here to guide you through the process and fight for the best possible outcome for your case.

Contact us today at 312-300-2515 for more information or to schedule a free consultation.