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Is There a Time Limit on When I Can File a Personal Injury Lawsuit in Illinois?
Lake County Personal Injury Attorneys Answer Your Questions About the Statute of Limitations
If you are considering filing a personal injury lawsuit or claim, you should know that there is a time limit as to when you can file a lawsuit in Illinois. This is referred to as the statute of limitations.
You can file a lawsuit at any time before the date of the statute of limitations, but once this date has passed, your lawsuit will not be viable unless it satisfies an exception. The length of time you have to file depends on several factors, the first being when the injury became known.
If the injury you have is known at the time of the accident, then the clock for your time to file will begin to run down from the moment the injury takes place. If the injury becomes known after the accident, then the clock for the statute of limitations will begin on the date when the injury became known or should reasonably have become known.
Another factor that affects the statute of limitations is the type of lawsuit that is being filed. For example, Illinois civil statute of limitation laws have a two year limit for claims that involve personal injuries. Other limitations include five years for injury to property, five years for trespass, and 10 years for written contracts.
The last time limit factor to file a personal injury lawsuit in Illinois pertains to whether or not the defendant in your case is a government agency, department, or entity. If so, then the statute of limitations is one year. For instance, if the Gurnee Park District is at fault for your injury, you have one year to file the lawsuit.
Contact the Lake County Attorneys at Salvi & Maher, LLP
If you have questions regarding the statute of limitations on your personal injury case, contact Salvi & Maher, LLP to set up a free, no-obligation consultation with one of our attorneys. We will discuss the details of your case to see if you are within the time frame to file a personal injury lawsuit. To schedule a consultation at our office in Chicago, Richmond, Waukegan, or Libertyville, IL, call 847-662-3303.
Do I Still Have a Personal Injury Case if I Was Partially at Fault for the Accident?
Lake County Personal Injury Lawyers Explain How Fault Factors In To A Case Result
We often consult with clients who are unsure if they have a personal injury case because they were partially at fault for the accident or injury. Even if you were partially at fault, you may still have a personal injury case. However, the amount you may recover from your injury or damages might be reduced based on the percentage you were at fault.
According to Illinois law, if you were found by a judge or jury to be 50% or less at fault for the accident or injury, then you may be able to recover compensation for damages minus the amount you are at fault. However, if you were found to be 51% or more at fault, then the law restricts you from recovering any amount of damages.
Whether or not you are liable, or at fault, is a major factor in the process of a personal injury case. For example, if your case goes to trial and the judge or jury finds you to be 40% at fault, and you are rewarded $100,000 for damages, you may recover up to $60,000. If you are found to be 50% at fault for the same case, you may recover up to $50,000. But, if the judge or jury finds you to be 51% at fault, then you will not recover any compensation.
Contact Our Lake County Law Firm for More Details
If you have any questions about the accident you were involved in or the injuries that may have resulted, contact Salvi & Maher, LLP for a free, no-obligation consultation with one of our experienced attorneys. Call us at 847-662-3303 to meet with a lawyer at our law offices in Libertyville, Chicago, Waukegan, or Richmond, IL, where we will go over the details of your case and decide if it is in your best interest to file a claim.
How Long Does it Take to Resolve an Injury Case?
Discuss the Details of Your Case with a Lake County Personal Injury Attorney
Clients often ask us how long it will take to resolve their personal injury case. The attorneys at Salvi & Maher, LLP know that each case is different and that it will depend on the details of your specific case.
As an example, if you were injured in a motor vehicle accident in which you were rear-ended by a drunk driver, taken to the emergency room by ambulance, and then just followed up with your primary care doctor, this case should settle fairly quickly. Our attorneys would obtain your medical records, present a demand to the insurance company of the driver at fault, and negotiate a fair settlement.
If this example closely represents your personal injury case, then we may be able to resolve your case and distribute your settlement in as little as five or six months. However, we may find that your case has more complex details. For instance, if you continuously received treatment for your injuries for over a year, then it will take more time for our firm to conduct an in-depth investigation.
Our attorneys are able to settle most cases, even complex cases, without having to file a lawsuit in court. However, if your case involves questions regarding fault or the extent of the injuries, it could take two years or more to resolve. We have found that insurance companies will not provide you with a large settlement until our work is finished, so we make sure everything is finalized before going to the insurance company with demands.
Lake County Personal Injury Attorneys
If you are wondering how long it will take to resolve your personal injury case, contact Salvi & Maher, LLP for a free, no-obligation consultation at 847-662-3303. From our offices in Libertyville, Waukegan, Richmond, and Chicago, IL, our firm represents clients throughout Cook, DuPage, Will, and McHenry County.
What is the Difference Between Mediation and Arbitration in an Illinois Injury Case?
Lake County Personal Injury Lawyers Answer Your Questions Regarding Mediation and Arbitration
When we consult with clients to go over their personal injury case, they are often unsure what the difference is between having their case reviewed by a mediator or an arbitrator, and which option makes the most sense. A personal injury case can be mediated or arbitrated instead of going to trial before a judge or jury. A mediator or an arbitrator is typically a retired judge or attorney that has experience in the type of case being heard.
If your case goes the route of mediation, this is a non-binding process where the mediator aims to settle the case by reviewing it independently and persuades the parties to negotiate to find a resolution. During mediation, both sides of the case will provide relevant information prior to the start, such as written summaries, medical records, photos, accident reports, and a deposition testimony, so the mediator is familiar with all aspects of the case. You will not have to testify, but you will be given the opportunity to speak to the mediator in confidence, with one of our attorneys present, regarding any of your thoughts or concerns.
We stress the importance of understanding that the mediator of your case cannot require either party to take action, such as reducing a demand for compensation or increasing a settlement offer. The most that the mediator can do is make a recommendation that both sides are not bound to follow.
The main difference between mediation and arbitration is that during arbitration, an arbitrator has the authority to make a decision over both parties. This route is also more formal, as it includes calling of witnesses and presenting the evidence. Arbitrations can be binding, where the arbitrator’s award is final and there are generally no rights to appeal.
Contact Our Lake County Personal Injury Law Firm
Salvi & Maher, LLP can help you understand the best methods for resolving your personal injury case, and which option is the smartest and most efficient way to present and win your case. To schedule a free, no-obligation consultation with a lawyer at our office in Chicago, Waukegan, Richmond, or Libertyville, IL, call 847-662-3303.
The Insurance Company Says I Do Not Need a Lawyer for My Personal Injury Case - Is That True?
Lake County Personal Injury Attorneys Can Help Determine if You Should Take the Insurance Settlement
If you were in a car accident and your insurance company has offered to settle your case, you may be wondering what to do. Should you take their settlement offer? What if you had additional injuries that appear in a month or two? Consulting with a personal injury lawyer for a free, no-obligation consultation may be in your best interest.
Our lawyers have found that insurance companies often do not offer compensation for the full value of your injuries if you are not represented by an attorney. Before you decide to settle with the insurance company, consult with the lawyers at Salvi & Maher, LLP We will evaluate the details of your case to see whether or not the insurance company offered you a fair settlement for your injuries.
If we recommend that you accept the insurance company’s settlement instead of hiring us to represent your case, there will be no legal fee. If we agree to represent your personal injury case, we will do so based on a contingency fee. This means you would not be responsible to pay any legal fees until we bring your case to a successful legal conclusion.
Contact Our Lake County Law Office
Before you decide whether to settle with your insurance company, meet with an attorney at Salvi & Maher, LLP for a free, no-obligation consultation. To schedule a meeting at one of our offices in Libertyville, Waukegan, Chicago, or Richmond, IL, call 847-662-3303.
Contact a Lake County Vehicle Accident Attorney Who is Ready to Help You
If you or a member of your family has been injured in a motor vehicle accident, contact our office. Call 847-662-3303 to set up a free initial consultation at one of our four convenient locations. There is no risk because we only collect fees if you collect compensation. With offices in Libertyville, Waukegan, Richmond, and Chicago, we represent clients in Lake County, Cook County, DuPage County, and McHenry County.
Results listed are not a guarantee or indication of future case results.
