Serious injuries can have a devastating and potentially lifelong impact on your physical and mental health, financial security, and overall quality of life. When you suffer serious injuries as a result of someone else’s negligence, you have the right under the Illinois Code of Civil Procedures to seek compensation from the person responsible for your injuries.
Nessler & Associates has successfully represented a great number of personal injury cases in Springfield, Illinois. Schedule a free consultation today to get the financial compensation you deserve.
Common Types of Personal Injury Claims
Personal injury claims cover a wide variety of accidents and injuries that result from another person’s negligence. Some of the most common types of personal injury claims include:
- Motor vehicle accidents, like car accidents
- Slip, trip, or fall injuries
- Dog bites
- Medical malpractice
- Physical or sexual abuse
- Wrongful death
Not all personal injury claims fit neatly into one category. If you believe you have a personal injury claim but are unsure of what kind, schedule a complimentary consultation with Nessler & Associates. Our knowledgeable and experienced attorneys have represented victims in a wide variety of personal injury cases and won millions in compensation.
Do I Have a Valid Personal Injury Claim?
In Illinois, you can only file a personal injury claim if somebody else’s negligence caused you to be severely injured. To have a valid personal injury case, you must prove that:
- A person owed you a duty of care
- The person failed to fulfill their duty of care
- You were seriously injured due to this failure
- You would not have been injured if the person had fulfilled their duty of care
Some personal injury cases have more specific criteria. For example, in medical malpractice cases, you must prove that you received care that did not meet established medical standards.
It is not always clear whether your injury resulted directly from another party’s negligence. Our personal injury attorneys at Nessler & Associates can review the facts of your case and determine whether you have a valid claim.
Damages You Can Recover in a Personal Injury Claim
Under the Illinois Code of Civil Procedure, an injured party has the right to pursue economic damages and non-economic damages. Economic damages have a quantifiable monetary value, like medical bills. Non-economic damages for pain and suffering or emotional trauma is subjective and lacks specified financial value but can increase your settlement amount.
Our personal injury attorneys can determine the specific damages you can recover in your claim. Most people can recover the following damages, regardless of their case.
Medical costs can pile up quickly after an injury. You may have to undergo intensive medical procedures, attend frequent appointments, and require physical therapy to repair damage to your body. Some injuries are serious enough that you may need assistance for daily life tasks while recovering.
You can file against the negligent party to recover the costs of your medical expenses. This includes bills for treating your injury, the cost of medical equipment like wheelchairs, and payment for a medical assistant or aide. Your attorney will determine your total and future medical costs.
When an injury prevents you from working, you may struggle to pay for basic necessities. An attorney can calculate the wages you lost as a result of your injury and seek compensation accordingly.
You might supply past pay stubs or W-2 forms as proof of your past wages. If you are self-employed or an independent contractor, you might provide 1099 forms instead.
Pain and Suffering
If you suffered significant physical or mental pain due to the accident, you have the right to file a claim for pain and suffering. However, pain and suffering is subjective and does not have a specified financial value. A qualified lawyer can determine whether you will receive compensation for it.
For example, after a dog bite, you develop post-traumatic stress disorder that makes it difficult for you to go outside or be around dogs. This significantly interferes with your social life and ability to work. Your attorney can help you seek compensation for your pain and suffering to pay for therapy or other mental health treatment.
Depending on the facts of your claim, you may be able to recover other damages, like loss of consortium or loss of enjoyment of life. Schedule a free consultation with Nessler & Associates to discuss what compensation you can receive.
How a Personal Injury Attorney Can Help
Filing a personal injury claim on your own can be challenging, especially while recovering from an injury. A law firm experienced in this area of law, like Nessler & Associates, will assist you with the following tasks.
Collect Evidence of Your Damages
Your attorney will collect as much proof of your losses and damages as possible to bolster your compensation claim. This proof includes medical bills, calculations of your unearned wages, bills for making your home disability-accessible, and other financial losses you may have incurred as a result of your injury.
Personal injury attorneys can also produce evidence of non-economic damages as well. For example, if you choose to sue for pain and suffering, your attorney at Nessler & Associates will collect journal entries, therapist records, witness testimony, and other evidence that will help you testify about the full extent of your physical and mental suffering.
Prove the Other Party is Liable
The other party may claim that you were injured due to your own negligence or that they did not owe you a duty of care. A personal injury lawyer can determine whether the other party owed you such care to ensure they are held accountable.
Your attorney can also gather evidence of the other party’s role in the accident. This can include security camera footage, credit card bills, and witness testimony.
File Claims and Relevant Paperwork
Filing a lawsuit requires filing relevant paperwork with the court before the specified deadlines. Keeping track of deadlines and documents while recovering from a serious injury is not feasible for many people. The law office handles this paperwork when you hire a personal injury lawyer.
Negotiate with Insurance Companies
In most personal injury claims, you are not compensated directly by the responsible party: instead, you are compensated by their insurance company. However, insurance companies seek to avoid paying out what they owe and rarely offer a fair settlement. Your lawyer will negotiate with the insurance company to ensure you receive the compensation you’re owed.
Your attorney will also negotiate with your insurance companies to ensure you get the money you’re owed. Many insurance policies, including health and auto insurance, state that a lienholder is entitled to a portion of any settlement you receive. Personal injury attorneys can get your insurance company’s lienholders to agree to take a smaller portion of your settlement, allowing you to receive more.
Hire Nessler & Associates for Your Personal Injury Claim
You don’t have to take on your personal injury claim alone. The team at Nessler & Associates are experienced personal injury lawyers in Springfield, Illinois, who are dedicated to helping you recover compensation for your injuries. We will assist you with your case and ensure you win a fair settlement.
Nessler & Associates works on a contingency basis. You won’t encounter surprise lawyer fees, as we won’t collect any payment unless we settle or win your claim. Call us at (800) 727-8010 or fill out our online contact form to schedule a free initial consultation.