Chicago Personal Injury Attorneys
We've Recovered Millions for Our Clients
If you or a loved one was injured due to someone else’s negligence in Illinois, contact McHargue & Jones, LLC today. Since 2000, we have been helping individuals across the state recover compensation for their losses. As a result, we have successfully recovered millions of dollars on behalf of thousands of clients. We can assist you, too.
Whether you were injured in a car accident, truck accident, by a defective product, at work, on someone else's property or anything similar, we can handle it. Our Chicago personal injury lawyers have a comprehensive understanding of this complicated area of law in addition to a lengthy track record of success. We can effectively navigate you through the personal injury claims process and help you make well-informed decisions along the way. Our firm is committed to helping you get the compensation you need and deserve.
We also offer legal services in Spanish for your convenience. Call
today to speak with one of our knowledgeable Chicago personal injury lawyers.
What Is Considered a Personal Injury in Illinois?
Personal injury in Illinois, like in many other jurisdictions, refers to a legal term that encompasses a wide range of injuries or harm suffered by individuals due to the negligent or intentional actions of others.
The legal definition of personal injury in Illinois refers to physical, emotional, or psychological harm suffered by an individual as a result of someone else's negligence, intentional wrongdoing, or strict liability. Personal injury cases are a subset of civil law and typically involve one party (the plaintiff) seeking compensation or damages from another party (the defendant) for the harm they have suffered.
In Illinois, personal injury cases are governed by both statutory law and common law principles. Statutory law refers to laws enacted by the state legislature, while common law principles are developed through court decisions over time. These cases can encompass a wide range of situations.
The key elements that generally need to be established in a personal injury case in Illinois are:
Duty of Care: The defendant owed a duty of care to the plaintiff. For example, a driver owes a duty of care to other road users to operate their vehicle safely.
Breach of Duty: The defendant breached that duty of care through negligent or intentional actions. This means they failed to act reasonably or committed an intentional act that caused harm.
Causation: The breach of duty was a proximate cause of the plaintiff's injuries. In other words, there must be a direct link between the defendant's actions and the harm suffered by the plaintiff.
Damages: The plaintiff suffered actual damages as a result of the defendant's breach of duty. These damages can include medical expenses, lost wages, pain and suffering, and more.
Types of Cases We Handle
- Animal Attacks
- Car Accidents
- Rideshare Accidents
- Drunk Driving Accidents
- Distracted Driving Accidents
- Hit & Run Accidents
- Pedestrian Accidents
- Uninsured/Underinsured Motorists
- Rear-End Accidents
- Premises Liability
- Truck Accidents
- Workers' Compensation
Common Personal Injuries
Injuries that are common in personal injury claims include:
- Loss of limb
- Fractured bones
- Severe lacerations
- Sprains and strains
- Spinal cord injuries
- Scrapes and bruises
- Internal organ damage
- Traumatic brain injuries
- Torn tendons and ligaments
Illinois Personal Injury Statute of Limitations
According to the 735 Illinois Compiled Statutes section 5/13-202, the statute of limitations for personal injury cases in the state of Illinois is two years. The statute of limitations is a law set by the state that limits how long injury victims have to file a claim.
More specifically, this means you have two years from the date your injury occurred to file, or you may lose your right to, which means effectively losing your right to pursue compensation. It’s important to note that there are some exceptions to this law that can shorten or extend this two year period.
The statute of limitations has a big impact on your ability to successfully recover compensation after suffering an injury so it’s important to speak to an experienced attorney about the specifics of your case as soon as you can.
McHargue & Jones, LLC offers free, no-obligation consultations so you have nothing to lose by contacting our firm today!
How Do I File a Claim for an Injury in Illinois?
Filing a personal injury claim involves specific steps that can vary depending on the circumstances of your case and the laws in your jurisdiction. Here are the general steps to follow:
Seek Medical Attention:
- Prioritize your health and well-being. If you've been injured, seek immediate medical attention, even if your injuries seem minor.
- Follow your doctor's recommendations for treatment and attend all medical appointments. This not only ensures your recovery but also creates a record of your injuries.
- Document the scene of the incident, if possible. Take photographs of any relevant factors, such as the location, vehicles involved (if applicable), and any hazardous conditions.
- Obtain contact information from any witnesses to the incident.
- Preserve any physical evidence related to the incident, such as damaged property or defective products.
Consult with an Attorney:
- It's highly advisable to consult with a personal injury attorney in Chicago who specializes in your type of case (e.g., car accident, slip and fall, medical malpractice).
- The attorney will evaluate the facts of your case, determine liability, and advise you on the strength of your claim.
Notify the At-Fault Party or Their Insurance Company:
- If applicable, inform the person or entity responsible for your injury about your intent to file a claim. In some cases, their insurance company may be involved.
- Do not admit fault or discuss specifics of the incident without consulting your attorney.
- Work with your attorney to collect all relevant evidence, including medical records, accident reports, witness statements, photographs, and any other documentation that supports your claim.
- Calculate your economic damages, which include medical expenses, lost wages, property damage, and out-of-pocket costs.
- Assess non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life.
Demand Letter and Negotiation:
- Your attorney may draft a demand letter to the at-fault party or their insurance company, outlining your case and the compensation you are seeking.
- Negotiations may ensue, with both parties working to reach a fair settlement. Your attorney will advise you on settlement offers and counteroffers.
Filing a Lawsuit (if necessary):
- If negotiations do not lead to an acceptable settlement, your attorney may recommend filing a lawsuit in the appropriate court.
- The defendant(s) will be served with a summons and complaint, initiating the legal process.
Discovery and Pretrial Proceedings:
- Both sides engage in discovery, which includes depositions, interrogatories, document requests, and other processes to exchange information and evidence.
- Pretrial proceedings, such as motions and hearings, may occur before the trial itself.
Mediation or Settlement Negotiations (if applicable):
- Prior to trial, you may participate in mediation or engage in further settlement negotiations in an attempt to resolve the case without going to court.
- If a settlement is not reached, your case will proceed to trial. Both parties will present evidence and arguments before a judge and/or jury.
- The court will issue a verdict, and if you win, a judgment will be entered for the awarded damages.
Appeals (if applicable):
- Either party may choose to appeal the court's decision, which can extend the process.
What Are the Types of Compensation That I Could Recover?
In a personal injury claim, the types of compensation you could potentially recover, often referred to as "damages," can vary depending on the circumstances of your case and the laws in your jurisdiction. These damages can be broadly categorized into two main types: economic and non-economic damages.
- Medical Expenses: You can seek compensation for all medical costs related to your injury, including hospital bills, surgeries, prescription medications, physical therapy, and ongoing medical treatment.
- Lost Wages: If your injury caused you to miss work, you can claim compensation for the income you would have earned during that time. This can include not only your current lost wages but also future lost earning capacity if your injury affects your ability to work in the long term.
- Property Damage: If your personal property (e.g., vehicle) was damaged in the incident that caused your injury, you may be entitled to compensation for the repair or replacement costs.
- Out-of-Pocket Expenses: This category covers expenses directly related to your injury, such as transportation costs to medical appointments, home modifications, and medical equipment costs.
- Pain and Suffering: These damages compensate you for the physical pain and emotional suffering you've endured as a result of your injury. Calculating pain and suffering damages can be subjective and may vary based on the severity of your injuries and their impact on your life.
- Emotional Distress: If the injury caused emotional trauma, anxiety, or post-traumatic stress disorder (PTSD), you may be entitled to compensation for emotional distress.
- Loss of Consortium: In some cases, spouses or family members may be eligible to claim damages for the loss of companionship, care, or support due to the injured person's condition.
- Loss of Enjoyment of Life: If your injury has significantly reduced your ability to enjoy activities and hobbies you previously loved, you may be entitled to compensation for this loss.
- Disfigurement or Scarring: If your injury resulted in permanent disfigurement or scarring, you may receive compensation for the physical and emotional impact.
Dedicated to Providing the Highest-Quality Representation
McHargue & Jones, LLC understands how difficult and stressful it can be to deal with an injury. As such, we are here to shoulder your legal burdens so you can focus on your recovery and loved ones. We can protect your rights as we fight for the maximum compensation you are owed. With compensation, you can help pay for medical bills, rehabilitation costs, disability-related expenses, lost wages, and more.
As your representative, we will work relentlessly to hold the party or parties responsible for your losses accountable for their negligence. Our personal injury attorneys in Chicago are available 24/7, so you can depend on us to be there for you when you need us most. Also, we take cases on a contingency fee arrangement, so you do not pay us anything unless and until we win on your behalf.
Call (312) 487-2461 for a Free Consultation
If you would like to learn if you are eligible for compensation, contact McHargue & Jones, LLC today and schedule a free consultation. We can discuss your situation and help you figure out how to best proceed. Once you hire us, our legal team can immediately start building a strong case strategy for you. You only have a certain amount of time to file a personal injury claim, so time is of the essence.