Personal Injury FAQ
July 26, 2024
A personal injury claim arises when an individual suffers harm due to the negligent actions of another party. The purpose of such a claim is to seek compensation for the damages incurred, which may include medical expenses, lost wages, pain and suffering, and more.
Any legal process can be intimidating, especially when your health and financial well-being are involved. You likely have many questions about where to even begin. We’re here to help.
At Ciardelli, Cummings & Campagna LLC, our lawyers have experience handling a wide range of personal injury cases, from motor vehicle accidents to product liability, and we always strive to secure the justice our clients deserve.
Here are some of the most frequently asked questions we get from personal injury clients.
What Should I Do Immediately After an Injury?
First and foremost, seek medical attention as soon as possible after sustaining an injury. Your health and well-being are paramount, and professional medical treatment helps you receive necessary care and provides essential documentation of your injuries.
If possible, gather evidence at the scene of the incident, including photographs, witness contact information, and any other pertinent details that could support your claim.
Finally, reach out to an experienced personal injury attorney who can guide you through the legal process.
What Are the Elements of a Personal Injury Claim?
To establish a valid personal injury claim, several key elements must be proven:
Duty of care: This means that the defendant was required to act in a manner that would avoid causing harm to the plaintiff. For example, drivers have a legal obligation to follow traffic laws and operate their vehicles safely to prevent accidents.
Breach of duty: Once a duty of care is established, the plaintiff must show that the defendant breached that duty. This occurs when the defendant's actions or inactions fall below the standard of care expected in a specific situation. For instance, a driver who texts while driving breaches their duty to operate the vehicle safely.
Causation: The plaintiff must demonstrate that the defendant's breach of duty directly caused their injury. This involves showing a clear link between the defendant's negligence and the harm suffered by the plaintiff. Without causation, there is no basis for a personal injury claim.
Damages: Finally, the plaintiff must prove that they sustained actual damages as a result of the incident. These damages can be economic, such as medical bills and lost wages, or non-economic, such as pain and suffering or emotional distress. Without demonstrable damages, a personal injury claim will not be successful.
Understanding these elements is crucial for anyone considering pursuing a personal injury claim. At Ciardelli, Cummings & Campagna LLC, our firm is dedicated to helping you build a strong case to seek compensation. If you have any questions or need legal assistance, please contact us for a free consultation.
How Long Do I Have to File a Personal Injury Claim?
In Illinois, the statute of limitations for filing a personal injury claim is typically two years from the date of the injury. However, there are exceptions to this rule depending on the specifics of the case, such as the discovery of the injury at a later date or cases involving minors. It's crucial to act promptly to preserve your right to seek compensation. Consulting with a skilled personal injury attorney early on can help ensure your claim is filed within the required timeframe.
What Types of Compensation Can I Pursue in a Personal Injury Case?
Compensation, or damages, in a personal injury case can be categorized into two main types: economic and non-economic.
Economic damages are tangible and may include medical expenses, rehabilitation costs, lost wages, and property damage. Non-economic damages, on the other hand, address the intangible impacts of the injury, such as pain and suffering, emotional distress, and loss of enjoyment of life.
In some cases, punitive damages may also be awarded to punish the negligent party for particularly egregious conduct.
Do I Need an Attorney for My Personal Injury Case?
While it's possible to handle a personal injury claim on your own, having an experienced attorney can significantly enhance your chances of securing a fair settlement. Legal professionals understand the complexities of personal injury law, can accurately value your claim, negotiate with insurance companies on your behalf, and represent you in court if necessary.
At Ciardelli, Cummings & Campagna LLC, we are dedicated to providing compassionate and knowledgeable legal representation to help you through this challenging time.
How Is Fault Determined in a Personal Injury Case?
Establishing fault in a personal injury case involves demonstrating that the other party acted negligently and that this negligence directly caused your injury. This process may include gathering evidence such as accident reports, witness statements, medical records, and expert testimony. In some instances, determining fault can be straightforward, while in others, it may require thorough investigation and expert insights.
For example, if a driver runs a red light and hits another vehicle in the intersection, causing injuries to the other driver, fault may be easily established. The traffic violation itself is a clear breach of duty, and the available evidence (traffic footage) and resulting injuries support direct causation and quantifiable damages.
In contrast, a more complex personal injury case might involve medical malpractice where the plaintiff must prove that a healthcare provider deviated from the accepted standard of care. For instance, if a surgeon makes an error during an operation that leads to complications, expert medical testimony is often required to demonstrate that the surgeon's actions were negligent and not within reasonable practice standards.
Will I Have to Go to Court?
Many personal injury cases are settled outside of court through negotiations with insurance companies. However, if a fair settlement cannot be reached, it may be necessary to proceed to trial. Whether your case settles or goes to court, having a skilled attorney by your side is essential to ensure your interests are adequately represented. At Ciardelli, Cummings & Campagna LLC, we prepare every case as if it will go to trial, which often results in favorable settlements for our clients.
What if the Insurance Company Offers a Settlement?
Insurance companies often aim to minimize their payouts, and as such, initial settlement offers may not fully account for the extent of your injuries and related expenses. It's crucial to not accept any settlement without first consulting with an attorney who can evaluate the offer and negotiate for fair compensation. Accepting an inadequate settlement can leave you responsible for future costs that should have been covered. Our team at Ciardelli, Cummings & Campagna LLC is experienced in dealing with insurance companies and will fight to ensure you receive the compensation you deserve.
How Long Will My Personal Injury Case Take?
The duration of a personal injury case can vary widely based on several factors, including the complexity of the case, the extent of the injuries, whether fault is contested, and the willingness of the parties to settle. Cases that are straightforward and have clear evidence may be resolved in several months, while more complicated cases, especially those that go to trial, can take several years to work through the system.
Regardless of the timeline, our personal injury lawyers are committed to efficiently and effectively handling your case to achieve the best possible outcome.
What Should I Bring to My Initial Consultation?
For your initial consultation with a personal injury attorney, it's helpful to bring any relevant documentation and information related to your case. This may include medical records, accident reports, photographs of the scene and injuries, witness contact information, insurance policies, and any correspondence with insurance companies.
Providing a comprehensive picture of your situation allows the attorney to conduct a thorough assessment and offer informed advice on how to proceed.
Address Your Questions With an Illinois Injury Lawyer
At Ciardelli, Cummings & Campagna LLC, our experienced attorneys are dedicated to helping you through every step of the process, providing the support and representation you need to pursue fair compensation. Contact us today to schedule a free consultation and take the first step toward justice. We're located in Chicago, Illinois, and we serve clients throughout Greater Chicagoland Area.