Our Chicago personal injury lawyers have a history of experience helping clients recover damages from a wide range of accidents through personal injury cases, and the sooner you contact Balkin & Mausner Injury Lawyers, LLP, the sooner we can help you make sense of your situation. Our law firm has the personal injury attorneys that you need fighting for your rights, whether you are the victim of medical malpractice, a car accident, a slip and fall, lost a loved one due to wrongful death, or any other type of accident that someone else caused.
Read more below about Chicago, IL personal injury law, and contact us now for a free consultation. Trying to find the right accident lawyer near you to take on your personal injury case can feel like one more complicated step in an already difficult process, but our Chicago, IL personal injury lawyers will give you the confidence that you need to move forward and fight for what you are rightfully entitled to. Our Chicago, Illinois injury attorneys have recovered millions of dollars for their clients with years of experience with injury law and will be happy to help you fight for compensation today.
What Is a Personal Injury?
Simply put, a personal injury is any type of injury that is caused to someone’s body (as opposed to their property) due to the responsible party’s recklessness, negligence, or malice. Essentially, a personal injury case seeks compensation for an avoidable injury caused by someone else’s bad behavior. Whereas criminal law cases are carried out when someone breaks the law and results in fines such as jail time and criminal records, personal injury cases are civil cases, and the plaintiff in the case is seeking monetary payments for the impacts of their accident. An experienced personal injury lawyer in Chicago, IL will be able to explain to you in specific detail how your accident will be addressed through personal injury law during your free consultation.
Determining If a Personal Injury Has Occurred
Personal injury law falls under a wider branch of law called tort law, and it handles cases that meet a few basic requirements:
- The defendant had a “duty of care” to act in a certain way to keep those around them safe, which they failed to uphold. This duty of care could be to drive safely and obey the Chicago, IL traffic laws, avoid medical malpractice by providing patients with safe and reasonable care, or to maintain a safe property to avoid hazards that cause an accident
- The failure to uphold the duty of care caused an accident
- The accident caused measurable injuries, such as a crash with broken bones, a construction accident, a wrongful death, or any other measurable injury as a result of the defendant’s actions (or inactions)
- The injuries have financial values that can be connected to them, either directly or indirectly. Personal injury law in Chicago, Illinois focuses on calculating and negotiating for the amount that clients are rightfully entitled to, and working with an experienced personal injury lawyer is a proven way to make sure that your voice is heard
If your accident in Chicago, IL follows along these lines, or if you are unsure, contact Balkin & Mausner Injury Lawyers, LLP now for a free consultation with an experienced personal injury lawyer who will be able to help you make sense of your situation. No two injury cases are alike, and our lawyers are here to help.
Determining Fault After a Personal Injury Case In Chicago Illinois
Before you can even begin to think about how much money you are entitled to after a personal injury accident, the first step is to determine who is at fault and make sure that it is extremely clear so that you are able to pursue the full amount that you are rightfully entitled to in a Chicago, IL claim. Illinois uses a rule known as “pure comparative negligence” to assign fault, which means that a victim can seek compensation even if they are partially at fault for the accident. In states that do not use comparative fault, any amount of responsibility for the accident, even 1%, would invalidate a victim’s claim and leave them without option. However, after a Chicago injury, you and your personal injury lawyer will be able to accept partial fault if necessary so that you can continue to focus on getting the money you need.
How Pure Comparative Negligence Works in Chicago, Illinois
How it works is that the plaintiff and defendant (or, more likely, the law firm representing each involved party) will agree on a level of fault, and then the victim’s final award will be reduced by the amount that they were faulted for the accident. For example, if you and your personal injury lawyer accept 10% responsibility for an accident and reach a settlement agreement for $100,000, it will then be reduced by 10%, or $10,000, leaving you with a final award of $90,000.
This legal tool is very helpful, but in many cases, the insurance company will use it to their advantage as they attempt to shave off as much money as possible from each personal injury case they are working on. Remember that an insurance company’s primary focus is to stay profitable, and paying the full amount for all of the injury cases they handle is an easy way to go out of business. The tactic of pinning additional blame on a victim is one of the many ways that they will work to save as much money as possible and that an experienced personal injury lawyer will be able to fight back on.
Calculating Damages After a Personal Injury in Chicago IL
Concurrent to exploring the matter of fault in a Chicago, IL personal injury case, you and your lawyer will work on calculating the damages that you have suffered. This is a complicated process, and at the end of it, you and your personal injury lawyer will need to negotiate with the insurance company based on these calculations, in opposition to the low offer that the insurance company will almost certainly make to you for a settlement. The work that goes into these calculations is extensive and should be left to your lawyer while you focus on recovering from your injuries, but the following is a general guide to the types of things your attorney will need to account for before beginning negotiations:
Economic damages are the basis of your Chicago, IL personal injury claim, and they seek compensation for the most measurable damages following a personal injury. They include anything that comes with a receipt, invoice, tax statement, or any other way to directly apply a dollar value to the line item, such as medical bills, lost wages, any paid time off or vacation days used for injury-related reasons, disability, and more. There are many other less obvious damages included in this section as well, like any services that you have needed to hire in order to support you while you are recovering from your injuries, such as grocery shopping, driving, daycare, laundry, and more.
From the moment you first suffer injury, save any documentation that you think could possibly be relevant, so that your personal injury lawyer in Chicago can decide what is helpful and what is not. Your job is to recover from your personal injury, and when you have an injury lawyer on the case you will not need to worry about these personal injury law matters.
Non-economic damages are the other half of the compensatory damages that your Chicago, IL personal injury attorney will seek compensation for. These types of damages are more complicated for a number of reasons, most obviously because they do not have measurable dollar values. These damages include things like the pain and suffering you must endure from an injury, the depression or sadness that comes with these types of terrible accidents, and any loss of your quality of life, to name a few. While the insurance company will not readily offer much money for these damages in personal injury cases, your injury lawyer will be able to build a strong case for why you are entitled to these damages.
There are many different ways that an attorney will use to calculate these damages, each of which is specific to the situation and intended to get you the most money for your Chicago, IL accident. In order to learn about how your lawyer will approach these damages, contact our law firm today for a free consultation.
Common Injury Practice Areas Our Chicago, Illinois Law Firm Cover
The following are just a few examples of the types of cases the Chicago personal injury lawyers at our firm handle. Whether or not you see your own type of case listed below, contact us as soon as possible to learn about how you can get the support that you deserve as one of our valued clients.
- Car accidents
- Drunk driving accidents
- Motorcycle crashes
- Hit and Runs
- Commercial truck accidents
- Uber accidents
- Wrongful death
- Medical malpractice
- Workers compensation
- Nursing home abuse
- Product liability
Again, whether or not you see a situation in this list that resembles your own Chicago Illinois injury, contact our law office as soon as possible to discuss your situation with an experienced personal injury attorney, and learn more about the way we have helped our clients in the past, and how we can help you as one of our valued clients today.
Frequently Asked Questions About Chicago Personal Injury Law
Trying to find a Chicago personal injury lawyer can be complicated, especially in the days and weeks following a serious personal injury. Instead, contact our firm for a free consultation now to speak with one of our experienced personal injury lawyers and skip the hassle of trying to dig through online classifieds. After your consultation, we are confident that you will be ready to work with our personal injury law firm in Chicago Illinois.
In order to determine how much a case is worth, a personal injury lawyer will need to go through an extensive amount of work in order to identify all of the damages that their clients have suffered, and then get to work calculating both the economic and non-economic damages in order to approach the insurance company with a comprehensive amount that they can then begin negotiations on behalf of their clients. The calculations necessary are complicated, and once completed your personal injury lawyer will need to defend these amounts during negotiations with the insurance company. After you have suffered a personal injury, one of the last things you will want to do is take on these negotiations without legal representation. Our injury law firm is located in Chicago IL, and we have a history of success in the courts that we will be happy to extend to you as one of our valued clients.
There is no law on the books in the United States that says a Chicago personal injury victim needs to hire an attorney for their injury claims process, but the reality is that it is a bad idea. Remember that insurance companies have spent decades honing their skills at both avoiding personal injury lawsuits, and also convincing claimants to accept less money than they rightfully deserve for all types of personal injury claims. Our attorneys have extensive experience with the negotiation processes necessary to get their clients a fair and complete settlement, and will be happy to bring this experience to you. Contact our Illinois firm now for a free consultation with a Chicago personal injury lawyer so that you can learn about how we can help you get the money you deserve.