A personal injury case is about more than proving an accident happened. Under Illinois personal injury law, the circumstances surrounding the accident, the injuries you suffered, and the impact those injuries have had on your life all play a role in determining whether you may have a claim.
People often assume they either have a case or they do not based on a single fact, such as who caused the accident or how serious their injuries seem. However, in practice, determining whether you have a claim involves considering all of the circumstances together. If you are unsure whether you have a case, Levin & Perconti can review your situation and explain your legal options.
The 3 Questions That Determine Whether You Have a Personal Injury Case
Whether you have a personal injury case depends on several factors, but attorneys often start with the same three questions. Each one provides important information about how the accident happened, who may be responsible, and how the injury affected your life.
Were You Injured?
A personal injury claim begins with an injury. Without one, there is generally no basis to seek compensation, even if someone acted carelessly. That does not mean your injuries have to be catastrophic or permanent. Many valid claims involve minor injuries that require medical treatment, time away from work, or ongoing care.
Seeking medical attention after an accident also creates a record of your injuries and the treatment you received. That documentation may help show that your injuries are related to the accident. If you delayed treatment or your injuries seemed minor at first, it does not automatically mean you do not have a case. An attorney can review your situation and explain how those circumstances may affect your claim.
Was Someone Else at Fault?
Most personal injury claims require showing that another person, business, or organization acted carelessly and that their actions contributed to the accident. This legal concept is commonly called negligence, but in everyday terms, it means someone failed to use reasonable care under the circumstances.
Negligence can arise in many different situations. A distracted driver may cause a collision, a property owner may fail to address a dangerous condition, or a healthcare provider may make a preventable treatment error. Understanding how fault is determined in car accidents and other injury claims, such as slip and falls, often requires reviewing the evidence and the circumstances surrounding the accident to determine whether someone else’s negligence caused your injuries.
The first question is, was there any negligence?
And negligence is really the standard that governs all kinds of cases in Illinois, from an automobile accident to a medical malpractice case to a significant catastrophic injury that occurs on the job site, and so under Illinois law, negligence is what a reasonably careful person does under the circumstances.
If you have reason to believe that what happened to you was caused by someone not being reasonably careful, then very likely someone else was at fault for your case.
Did the Accident Cause Financial, Physical, or Personal Losses?
A personal injury claim is also based on the losses an injury causes. Those losses may affect your finances, your physical health, and your ability to carry out everyday activities.
The impact of an injury is different for everyone. Some people face mounting medical bills or extended time away from work, while others experience ongoing pain or limitations that affect their ability to take care of their family.
Many people believe they only have a case if their injuries result in significant financial losses. But whether you have a valid claim is different from how much that claim may ultimately be worth. Even injuries expected to heal can lead to significant losses and may still support a personal injury claim.
What If You're Partially at Fault?
Being partially responsible for an accident does not automatically prevent you from pursuing a personal injury claim. Illinois follows a modified comparative negligence rule, which means you may still recover compensation if you were 50% or less responsible for what happened. However, your compensation is generally reduced by your percentage of fault.
For example, if you were found 20% at fault and your damages totaled $100,000, you could still recover $80,000. If you were found more than 50% responsible, you would be barred from recovering damages. Fault is rarely obvious in the moment, and what seems clear right after an accident can change once all the facts are examined.
What Are Some Common Situations That Lead to Personal Injury Claims?
Personal injury claims can arise in many situations when someone is injured due to another person or organization’s carelessness. While every case depends on its own facts, certain types of accidents are more likely to result in a personal injury claim.
Common examples include motor vehicle accidents, medical malpractice, unsafe property conditions, nursing home abuse or neglect, dog bites, workplace accidents involving third parties, and defective products.
Even if your accident is not listed here, you may still have a claim. An attorney can review the facts of your case and explain what legal options may be available.
What Could Make a Personal Injury Case More Difficult?
Not every personal injury claim is straightforward. Certain issues can make a case more challenging, but they do not automatically prevent you from recovering compensation.
For example, waiting to see a doctor may raise questions about when an injury occurred, while injuries that do not appear on X-rays or MRI scans can be more difficult to document. Insurance companies may also argue that an injury is not as serious as claimed or that a pre-existing condition is responsible for your symptoms.
These situations often require a closer review of your medical records, the circumstances of the accident, and how your injuries have affected your daily life.
What Compensation Might Be Available in a Personal Injury Case?
If someone else’s negligence caused your injuries, a successful claim may provide compensation for the losses you have experienced. These losses are generally divided into economic and non-economic damages, with each addressing a different aspect of how an injury has affected your life.
Economic damages compensate for financial losses such as medical expenses, lost wages, rehabilitation costs, and future medical care. Non-economic damages address the personal impact of an injury, including pain and suffering, emotional distress, disability, and the loss of enjoyment of everyday activities.
Hiring a personal injury lawyer may help maximize the compensation available by ensuring all available damages are identified and considered before you accept a settlement. Medical expenses are only one part of a personal injury claim, and payments made by health insurance or another insurance policy do not necessarily prevent you from pursuing compensation from the responsible party.
When Should You Speak With a Personal Injury Lawyer?
While speaking with an attorney can be helpful after any serious accident, legal guidance may be especially important if you suffered serious injuries, are facing growing medical bills or lost income, or are unsure who was at fault. It can also be valuable if there were no witnesses or a police report was never created.
A personal injury lawyer can evaluate how the accident occurred, review the available evidence, assess the impact of your injuries, and explain how the Illinois statute of limitations for personal injury claims may apply to your situation.
Find Out Whether You Have a Personal Injury Case
The best way to understand whether you may have a claim is to have your situation reviewed by an experienced attorney. With more than $1 billion recovered in verdicts and settlements and over 400 years of combined experience, Levin & Perconti is prepared to review your situation, answer your questions, and explain your legal options.
Call (312) 332-2872 or contact us online to schedule a free consultation with our experienced personal injury lawyers.
