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Personal Injury Law

Injured man from Chicago talking with a personal injury attorney

Personal injury law is based on the principle of holding an at-fault party responsible for the losses and damages incurred. The injured person often files a claim with the responsible party’s insurance company to recover damages, including lost income, medical costs, and emotional distress or pain and suffering.

If the insurance company offers a low settlement or tries to deny the claim altogether, a personal injury attorney can appeal the denial, negotiate a fairer payout, or file a lawsuit to pursue maximum compensation.

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What Constitutes Personal Injury in Chicago?

A personal injury occurs when someone is harmed because another person failed to act with reasonable care. These injuries often result from everyday situations, such as traffic accidents, unsafe property conditions, medical errors, workplace incidents, or neglect in care facilities, but they also share a common thread: the harm was preventable.

Illinos personal injury law focuses on accountability when careless or wrongful actions lead to physical injuries, emotional distress, or financial losses. In many cases, the impact extends beyond the initial injury, affecting a person’s ability to work, manage medical expenses, or maintain daily routines. Some injuries are immediately apparent, while others develop over time, making the full consequences harder to recognize at first. Our team at Levin & Perconti represents individuals and families harmed by another party’s negligence.

Common Types of Personal Injury Cases in Chicago

At Levin & Perconti, our personal injury attorneys in Chicago, IL, share a commitment to helping those harmed by the negligent, careless, or wrongful actions of others. We handle all types of personal injury litigation for clients in the Chicago area and throughout Illinois.

If you’ve suffered losses or an injury after an accident or incident in one of the following categories, we want to review your case to decide how we can best help you:

Levin Perconti team of medical negligence and personal injury attorneys

Personal Injury Statistics in Chicago

Personal injury statistics help illustrate how often serious injuries occur across Chicago and where risks most commonly arise. While every injury is unique, city and state data provide helpful context about traffic crashes, injury trends, and safety concerns affecting residents and visitors.

Chicago-Personal-Injury---Related-Statistics-2024 - Chart visual

What to Do Immediately After Sustaining an Injury in Chicago

After an injury, the actions taken early on can affect both recovery and any potential personal injury claim. While every situation is different, consider doing the following:

  1. Seeking medical attention, even if injuries do not seem serious at first, since some symptoms take time to appear
  2. Keeping medical records and documentation related to the injury and any follow-up care
  3. Taking photos of the scene, injuries, or conditions involved, when possible
  4. Gathering contact information from witnesses or others who may have seen what happened
  5. Holding onto incident reports, receipts, or other records connected to the event
  6. Being cautious about providing detailed statements to insurance companies or other parties before understanding the full impact of the injury

These steps can help protect your health and preserve important information that may be critical when filing a personal injury claim later.

What-to-do-Immediately-After-sUstaining-an-Injury-in-Chicago Infographic

Common Mistakes to Avoid in Chicago Personal Injury Cases

After an injury, it’s common for people to make decisions based on incomplete information or pressure from outside parties. Even small missteps early on can affect how an injury claim unfolds or how losses are evaluated later. While every situation is different, certain issues frequently arise in Chicago personal injury cases.

Common mistakes may include:

  • Waiting too long to seek medical care can make injuries harder to document
  • Delaying legal guidance while deadlines or evidence continue to develop
  • Accepting an early settlement offer before understanding the full impact of an injury
  • Providing detailed statements or signing documents without fully knowing how they may be used
  • Failing to keep records related to medical treatment, missed work, or expenses

Being aware of these potential pitfalls can help you better protect your health and recovery.

What if I’m Partially at Fault for My Injury?

Illinois follows a “modified comparative negligence” rule to determine fault or shared responsibility in personal injury cases. Under this rule, you cannot recover compensation for your damages if the court decides you’re more than 50 percent responsible for the accident. You can recover damages if you are 50 percent or less at fault. However, your compensation will be reduced in proportion to your share of the fault.

Never admit fault after an accident or incident causing injuries or losses. Even if you believe you’re at fault, it’s always best to speak with an attorney before taking any action. A Chicago personal injury lawyer can help assess your percentage of responsibility and determine your legal options and how to proceed for the best possible outcome.

How Long Do I Have to File a Personal Injury Case in Chicago?

The deadline for filing a personal lawsuit in Chicago can vary, depending on the nature of the case and the circumstances. If you’ve been injured, we encourage you to contact a Chicago personal injury attorney as soon as possible so they can help you meet the relevant deadlines.

The statute of limitations for a personal injury claim in Illinois is generally two years. The two-year limit for personal injury claims runs from the date of the accident or the discovery of the injury or from the date the injured person should’ve reasonably made their discovery.

For wrongful death cases, the two-year limit begins to run on the date of the person’s death.

Chicago-Personal-Injury-Timeline Infographic

What Compensation Am I Entitled to for a Personal Injury?

Under Illinois law, injury victims can receive both economic and non-economic damages in personal injury cases. Monetary damages are actual, measurable financial losses you’ve incurred because of your injuries. Non-economic damages are types of harm, such as pain and suffering, that don’t have a specific dollar amount assigned to them.

Economic damages in personal injury claims include the following:

  • Past and future medical bills, including follow-up doctor’s office visits, diagnostic tests, prescription medication, physical therapy, mobility aids, surgeries, and more
  • Mental health treatment costs, including expenses to treat PTSD, anxiety, depression, or any other mental health condition stemming from your injury
  • Lost wages
  • Future lost earning capacity
  • Property damage
  • Household services

Non-economic damages in personal injury claims include the following:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Humiliation and reputation damage
  • Disfigurement or disability

In addition to the above damages, personal injury victims can sometimes seek punitive damages. These damages are awarded by a court of law not to compensate injured plaintiffs but to punish defendants whose conduct is considered grossly negligent or intentional. However, punitive damages do not always apply in medical malpractice cases.

In rare cases, a jury may award punitive damages when the defendant has acted intentionally or with “a conscious indifference to the rights and safety of others.” An example of such behavior is drunk driving. Additionally, organizations such as nursing homes, pharmaceutical companies, and product manufacturers can be held accountable for failing to ensure the safety of residents and consumers, putting profits over people.

When Should You Hire a Personal Injury Attorney?

It’s always best to seek representation immediately after suffering an injury. Evidence will become less reliable and harder to find the longer you wait, potentially weakening your case. Our Chicago personal injury attorneys are available today for a free case evaluation.

Any severe injury or dispute with an insurance company requires legal representation. Finding the best personal injury lawyer near you in Chicago can allow you to focus on recovering from your injuries instead of attempting to navigate the complexities of the legal system on your own. An experienced attorney will handle insurance negotiations for you, fighting for fair compensation and refusing lowball offers.

Frequently Asked Questions About Personal Injury in Chicago

What Is a Personal Injury Claim?

A personal injury claim is a demand for compensation made by someone harmed by another’s negligence. If the responsible party or their insurance company refuses to agree to a fair settlement, an injury victim can file a lawsuit to pursue their claim in court.

Every personal injury case has a different value based on the unique circumstances involved. Factors like the nature and extent of your injuries, the type of accident, the extent of the defendant’s wrongdoing, the strength of the evidence, the impacts on the victim’s life, and who was responsible can all influence the size of your potential award.

Every case is unique and so are the timelines. Depending on the situation and the complexity of the details, your personal injury case can take anywhere from a few months to more than a year to resolve. Our Chicago personal injury lawyers can analyze your case and estimate how long it might take.

First, your attorney will build a strong case by investigating and gathering evidence, such as medical records, bills, photographs, video, police reports, and other relevant information. They will then notify the responsible party and their insurance company and begin settlement negotiations.

If the insurance company refuses to agree to a fair settlement, your attorney may take your case to court to fight for the compensation you deserve. Most resolve before trial, but our attorneys aren’t afraid to fight for you in court if necessary.

Hiring our Chicago personal injury attorneys doesn’t cost anything upfront. We work on a contingency fee basis, meaning we get paid a percentage of your award. You won’t owe us anything unless and until we win your case.

Illinois currently has no laws imposing damage caps on personal injury compensation. In 2005, Illinois did set a limit on non-economic damages. However, the Illinois Supreme Court overturned that law in 2010, ruling it was unconstitutional. The Court ruled that decisions regarding damages should be the purview of judges and juries.

Contact our Experienced Team for a Free Consultation

Being injured because of someone else’s negligence can be devastating, regardless of whether it occurred on the road, because of a defective product, or at the hands of a trusted medical provider. Our Chicago personal injury law firm can help you fight back and win the compensation you deserve.

We can help you determine whether you have a viable case and discuss your legal options risk-free. You won’t pay us anything unless we win your case. Contact us online or call (312) 332-2872 today to schedule a free case evaluation.

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