If you’ve been injured in an accident due to someone else’s negligence, you may be wondering how to protect your rights and recover compensation. Personal injury claims provide a legal avenue to hold responsible parties accountable and secure the financial support you need for medical bills, lost wages, and other damages.
At John J. Malm & Associates, we bring over 90 years of combined litigation experience to personal injury cases, helping clients across Illinois secure millions in compensation. Our award-winning team of Illinois accident attorneys is dedicated to providing personalized service and results-driven representation. In this blog, we’ll break down the essentials of personal injury claims, your legal rights, and what steps to take to maximize your recovery.
What Is a Personal Injury Claim?
A personal injury claim is a legal process through which an injured party seeks compensation from the person or entity responsible for their injuries. These claims typically arise from accidents caused by negligence, such as car accidents, slip and falls, or medical malpractice.
Key Components of a Personal Injury Claim
To succeed in a personal injury claim, you must establish:
- Duty of Care: The responsible party owed you a duty to act reasonably (e.g., a driver must follow traffic laws).
- Breach of Duty: The responsible party failed to meet this standard (e.g., running a red light).
- Causation: Their breach of duty directly caused your injuries.
- Damages: You suffered measurable losses, such as medical expenses or pain and suffering.
“Personal injury law ensures that those harmed by negligence have a pathway to justice and compensation, helping them rebuild their lives.” – John J. Malm, Illinois injury attorney
Your Rights as a Personal Injury Victim
As a personal injury victim, you are entitled to pursue compensation for the damages you’ve suffered. These rights include:
- The Right to Seek Compensation
You have the right to recover damages for:
- Medical Expenses: Including hospital bills, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for income lost due to your inability to work.
- Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by your injuries.
- The Right to Legal Representation
You have the right to hire an experienced personal injury attorney to protect your interests, negotiate with insurance companies, and represent you in court if necessary.
- The Right to Be Treated Fairly
Insurance companies are legally required to process claims in good faith. If they act unfairly, delay your claim, or offer inadequate settlements, you have the right to pursue legal remedies.
Common Types of Personal Injury Claims
Personal injury claims can arise from a variety of situations. Some of the most common include:
Car, truck, motorcycle, and pedestrian accidents are among the leading causes of personal injury claims. These cases often involve determining fault and negotiating with insurance companies.
Property owners have a duty to maintain safe premises. If a hazardous condition causes your fall, you may have grounds for a claim.
When healthcare providers fail to meet professional standards, resulting in injury or harm, victims can pursue compensation through a malpractice claim.
While many workplace injuries are handled through workers’ compensation, there are situations where a personal injury claim may also be appropriate, such as injuries caused by third-party negligence.
If a defective product causes harm, the manufacturer or distributor may be held liable.
Steps to Take After an Accident
If you’ve been injured, taking the right steps can protect your legal rights and strengthen your claim.
- Seek Medical Attention
Your health is the top priority. See a doctor immediately and follow their treatment plan. Documenting your injuries is also critical for your claim.
- Document the Incident
Gather evidence such as photographs, witness contact information, and police reports. Write down your recollection of events as soon as possible.
- Notify Relevant Parties
Notify your insurance company, employer (if applicable), or property owner about the incident. Stick to the facts and avoid admitting fault.
- Consult a Personal Injury Attorney
An experienced Illinois personal injury attorney can guide you through the legal process, handle negotiations, and build a strong case on your behalf.
How Compensation Is Determined in a Personal Injury Case
The amount of compensation you can recover depends on several factors, including the severity of your injuries and the extent of your losses.
- Economic Damages
These cover measurable losses such as:
- Medical bills.
- Lost income.
- Non-Economic Damages
These account for intangible losses, such as:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Punitive Damages
In cases involving extreme negligence or intentional harm, the court may award punitive damages to punish the wrongdoer.
How John J. Malm & Associates Can Help with Your Personal Injury Case
Navigating a personal injury claim can be complex, especially when dealing with insurance companies and legal deadlines. At John J. Malm & Associates, our team is here to simplify the accident process and fight for the compensation you deserve.
Why Choose Us?
- Experience You Can Trust: With over 90 years of combined litigation experience, we know how to handle complex personal injury cases.
- Proven Results: We’ve recovered millions for injured clients across Illinois.
- Award-Winning Attorneys: Our team has been recognized for excellence in personal injury law.
- Free Consultations: We offer free case evaluations to help you understand your options.
- No Fees Unless We Win: You don’t pay unless we secure compensation for you.
Frequently Asked Questions About Personal Injury Claims
- How Long Do I Have to File a Claim?
In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the injury. However, certain circumstances may affect this timeline.
- What If I Was Partially at Fault?
Illinois follows a modified comparative negligence rule. You can still recover damages as long as you are less than 50% at fault, but your compensation will be reduced by your percentage of fault.
- How Long Does It Take to Settle a Claim?
The timeline varies depending on the complexity of the case, the extent of your injuries, and whether a settlement can be reached without going to court.
Contact the Award-Winning Illinois Personal Injury Lawyers at John J. Malm & Associates Today
If you’ve been injured due to someone else’s negligence, you don’t have to face the legal process alone. At John J. Malm & Associates, we provide compassionate, results-oriented representation for personal injury victims across Illinois.
From our offices in Naperville and St. Charles, we’ve built a reputation for excellence and dedication. Let us help you secure the compensation you need to move forward. Contact us today to schedule your free consultation.