At Herbert Law Firm, we get many questions about Chicago personal injury lawsuits. We answer some of the most frequently asked questions here, but if you need further information, don't hesitate to call us at 7734107082 to schedule a Free consultation with an attorney.
What Types of Personal Injury Claims Does Herbert Law Firm Handle?
The team at Herbert Law Firm in Chicago handles a wide range of personal injury and accident cases. This list is representative but not exhaustive of the types of cases we handle.
- Bicycle accidents
- Boating accidents
- Bus accidents
- Dog bites
- Medical malpractice
- Motorcycle accidents
- Nursing home accidents or abuse
- Pedestrian accidents
- Premise liability
- Sexual harassment
- Truck accidents
- Public transit accidents
- Rideshare accidents
- Train accidents
What's the Difference between a Claim and a Lawsuit?
Many people interchange the terms personal injury claim and lawsuit, which can be confusing. All personal injury lawsuits were once claims, but not all personal injury claims become lawsuits.
Claims are legal demands for compensation. This means a demand letter is typically sent to an insurance company for payment following an accident. There can be negotiations, an investigation, and more, before a settlement is offered.
Lawsuits, on the other hand, are legal actions. This means the claim is decided in Court and involves one party, the plaintiff, suing another party, the Defendant, for compensation. Though a settlement can still be negotiated before trial, the claim becomes a lawsuit once it enters the Court system.
Do I Have to Go to Court for a Personal Injury Claim in Illinois?
No, filing a case in Court and going through the Court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle before filing a case in Court or, if a case must be filed, before trial.
A trial in a personal injury case is often the last resort for all parties involved because of the increased costs it entails. Unfortunately, insurance companies and negligent parties do not always make fair settlement offers, so a trial is always a possibility following an accident.
What Types of Damages Could I Receive in Illinois for a Personal Injury Claim?
The common types of damages available for recovery in a personal injury claim include economic and non-economic damages. Economic damages are intended to compensate you for your losses from the accident, such as medical expenses, lost wages, and property damages.
Non-economic damages are intended to compensate you for the pain and suffering experienced during and after the accident and any loss of your ability to enjoy your life. In some cases, you might also be entitled to punitive damages for especially careless or reckless actions of the responsible parties. The amount and specific types of damages available in a personal injury claim vary significantly based on the case's circumstances.
Can I Still Recover Compensation in Illinois if I Contributed to the Injury?
If you played a role in causing an accident, it could limit or even prevent your ability to recover damages in a personal injury claim, depending on where the accident happened. In settlement talks or at trial, both sides will argue over each party's percentage of fault. If you're found partially responsible, your compensation may be reduced by your share of the blame.
In some states, being more than 50% at fault—or even just partly responsible—can completely bar you from recovering any damages, no matter how severe your losses. That's why hiring an Illinois personal injury lawyer is so important.
What If I Have a Pre-Existing Condition?
Pre-existing conditions can significantly impact a personal injury case. Generally, you can't get compensated for injuries you already had if they weren't affected by the accident. However, if the accident made your condition worse, you may be entitled to damages. Proving this usually involves demonstrating the seriousness of the case. Can I Still Recover Compensation in Illinois if I Contributed to the Injury?
If you played a role in causing an accident, it could limit or even prevent your ability to recover damages in a personal injury claim, depending on where the accident happened. In settlement talks or at trial, both sides will argue over each party's percentage of fault. If you're found partially responsible, your compensation may be reduced by your share of the blame.
In some states, being more than 50% at fault—or even just partly responsible—can completely bar you from recovering any damages, no matter how severe your losses. That's why hiring an Illinois personal injury lawyer is so important.
What If I Have a Pre-Existing Condition?
Pre-existing conditions can significantly impact a personal injury case. Generally, you can't get compensated for injuries you already had if they weren't affected by the accident. However, if the accident made your condition worse, you may be entitled to damages. Proving this usually involves showing how severe the condition was before and after the accident, which can lead to disputes with insurance companies.
Do I Need a Personal Injury Lawyer After an Accident in Chicago?
While you're not required to hire a lawyer, having one can help you understand your legal options and potentially secure a better outcome. Insurance companies often offer low settlements to people without representation. An Illinois personal injury attorney knows how to value a case and when an offer is fair, and can handle the complicated process for you. The condition was before and after the accident, which can lead to disputes with insurance companies.
Do I Need a Personal Injury Lawyer After an Accident in Chicago?
While you're not required to hire a lawyer, having one can help you understand your legal options and potentially secure a better outcome. Insurance companies often offer low settlements to people without representation. An Illinois personal injury attorney knows how to value a case and when an offer is fair, and can handle the complicated process for you.
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