Injuries suffered after an accident can take an extreme toll on your body, your finances, and your overall health. When that accident was caused by another’s negligent wrongdoing, you could be entitled to financial compensation. This compensation could help you recover from medical costs, lost income, pain and suffering, and much more. You have the right to have your case considered by a knowledgeable attorney.
An experienced Posen personal injury lawyer could take a look at your situation and help determine the potential compensation you could receive. Schedule your consultation today.
Negligence in Personal Injury Lawsuits
A personal injury lawsuit requires a plaintiff to prove the negligence of the defendant. Negligence means that the defendant breached their duty of care, which led to the injury. To prove this, the plaintiff and their lawyer are required to demonstrate that certain legal elements have been met. This includes breach of the duty, causation for the harm, and compensable damages from the harm itself.
In an effort to prove negligence, a Posen personal injury attorney could investigate the case to understand all of the facts and help demonstrate how the defendant’s negligence was the cause of the accident. This can include reviews of the accident records, witness testimony, recordings of the accident, and all information related to the injuries the plaintiff sustained. Proving certain personal injury claims could also require expert testimony.
Proving Money Damages
After proving negligence, the plaintiff must then prove their damages. This means looking at evidence such as, but not limited to the following:
- Property damage records
- Billing information
- Insurance quotes and costs
- Medical records
- Lost income or lost earning capacity information
- Expert reports
A personal injury lawyer in Posen could present evidence as to both economic and non-economic damages to benefit the plaintiff’s legal position. This critical information may help determine the extent of the damages to which the plaintiff may be entitled.
Statute of Limitations in Personal Injury Cases
Illinois Compiled Statutes Section 5/13-202 sets a two-year statute of limitations period for most personal injury claims. This means that a civil claim for money damages arising from a personal injury must commence within two years or it could be dismissed as untimely. This could result in the loss of potential recovery, even if the lawsuit would have been successful if timely filed.
Certain exceptions exist, but they apply only in rare cases. Some examples include those who were minors at the time of the accident, those under a legal disability, or the if defendant purposely left the jurisdiction to avoid the lawsuit. These exceptions are not commonplace, and no one should rely on them unless their legal counsel has specifically advised it. Plaintiffs should reach out to a competent attorney as soon as possible to avoid the potential of losing due to the statute of limitations.
Contact a Posen Personal Injury Attorney for Help with Your Claim
After an accident, you deserve to have your case reviewed by a legal professional. Understanding your rights can make a big difference in your quality of life after an accident, and it could eventually lead to a substantial money damages award as well.
An experienced Posen personal injury lawyer could review your case and assess your potential recovery. Contact us today for help.