Most Commonly Disputed Issues in Illinois Personal Injury Cases
If you have been hurt as a result of someone else’s negligence, you have the right to pursue compensation through a personal injury claim. Disputes in such claims typically revolve around whose negligence caused the injury, comparative fault, and the severity of the injury, and an experienced Illinois personal injury attorney can help you overcome them and get the compensation you deserve.
Typical Disputes in Illinois Personal Injury Claims
- Negligence – Negligence occurs when one person owes a duty to another person and fails in that duty, creating liability for injuries as a result of that failure. For example, a driver who fails to yield at a stop sign and causes a collision that results in injury could be held liable for that injury. A dispute may arise as to whether the defendant breached that duty — the driver could claim that they stopped at the stop sign and you were the one who ran the stop sign — but a capable Illinois personal injury attorney can help you receive compensation.
- Comparative Fault – In cases of comparative fault, it is alleged that the injured party bore some responsibility for their injuries. For example, if you are not watching where you are going and you slip and fall on a wet floor at a store, you may be partially at fault for your injury — but that does not necessarily mean that you can’t receive compensation. Fault is assigned on a percentage basis, and you are eligible to receive compensation provided that you are less than 50% at fault.
- Severity – It is a common tactic for defendants to minimize a plaintiff’s injuries in an effort to reduce the amount of compensation they may receive. Detailed medical records and testimony from your doctor can circumvent that strategy.
- Time Limits – In most cases, you have two years from the incident to initiate a personal injury claim. A dispute may arise if the injury is not immediately apparent and you initiate a claim within two years of discovery of the injury rather than within two years of the date it occurred.
Consult an Experienced Illinois Personal Injury Attorney at Rubens and Kress
Rubens and Kress is a Chicago law firm with a track record of success in personal injury claims. There is no fee unless you collect, so you can be confident that we will fight hard on your behalf when you hire an Illinois personal injury attorney from our firm. For a free consultation, contact us online, call 312-201-9640, or toll-free at 866-890-9640.