What is personal injury?
Personal Injury is a physical or mental injury to a person caused by negligence or a harmful act. Personal injury law is also known as tort law. Torts are civil wrongs that are recognized as legal causes for lawsuits. Injury or harm received by the victims of such wrongs provides the basis for a claim for damages incurred by the injured party.
What are the most common accidents resulting in personal injury?
Auto accidents; Defective Product Injuries; Aviation Disasters; Medical or Legal Malpractice; Accident Injuries; Wrongful Death; Toxic Exposure; Dog Bites
What damages can I collect as a result of my personal injury?
Compensation, or damages, awarded in personal injury claims vary based upon the type of injury and cause. The most commons forms of compensation include payment for medical bills, property damage, lost wages, emotional trauma, physical disability, mental disability, and pain and suffering
I have sustained a personal injury and don’t know if I need an attorney. What should I do?
If you have been seriously injured you should immediately contact both your doctor and an experienced personal injury attorney knowledgeable in Illinois laws.
What is liability?
Liability generally means that an individual, company or some other entity may be obligated to pay damages or compensation to another. Any negligent Illinois driver, manufacturer or seller of a product may be responsible or liable to pay for damages.
What is negligence?
Negligence is the commission of a civil wrong, a tort, which accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance.
Is medical malpractice considered a personal injury?
Yes. Medical malpractice means that a health care provider caused injury or death to a patient by failing to act within the applicable standard of care. In other words, a physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.
How long do I have to decide before filing a personal injury claim?
Illinois law states that any person filing a personal injury claim must do so within a specific time frame:
- Personal Injury - A personal injury action must be brought within two years of the date of the injury.
- Wrongful Death - A wrongful death action must be filed within two years of the date of death.
- Medical Malpractice – Medical malpractice actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date of discovery of the injury. In no event can suit be filed more than four years after the date that the act occurred. When a minor (under 18) suffers an injury because of medical malpractice, the action must be filed within eight years of the date of the injury, but in no event after the person’s 22nd birthday.
- Products Liability Actions - Products liability actions must be brought within two years after the plaintiff suffers the injury. If the injury is not discovered within the two-year time limit, suit must be filed within two years of the date of discovery, but in no event more than eight years of the date that the injury occurred.
- Special Rules for Minors - In medical malpractice or wrongful death cases, the minor’s age at the time of injury will determine when suit must be filed. In other cases, a person has two years after his or her 18th birthday to file an action.
How much does an attorney charge in a personal injury case?
In personal injury, the attorney's fee is usually based upon a contingent fee. A contingent fee agreement is an alternative to an hourly attorney's fee agreement. Under a contingent fee agreement, there is no attorney's fee charged, if the injured person does not secure a recovery. The well accepted contingent fee in a personal injury claim is 33-1/3% of any recovery. Consult our office for further details.
The Law Offices of Millon & Peskin will evaluate your case thoroughly, explore all potential sources of recovery and preserve your rights under the law. Contact us today for a free consultation at (800) 928-1831 or Email us at info@millonpeskin.com. You can also complete our Online Case Evaluation Form
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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