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Scott Blumenshine Personal Injury attorney
 injury law

What Is An Injury Claim?

An injury claim is a legal case brought on by an injured individual against the entity, company, or person responsible for their injuries. The purpose of the claim is to recover compensation from the responsible party for the losses suffered because of the injury and to make the victim whole. The compensation is financial and may cover lost wages, emotional distress, medical expenses, disabilities, and pain and suffering. 

A successful injury lawsuit proves that another party's negligence, wrongdoing, intentional conduct, or recklessness caused the injury. This means the injured person must prove that the other party failed to act as an ordinary, reasonable individual who would have acted under similar circumstances. 

Under Illinois law, an injury case must be filed within two years or one year in certain cases from the time when the injury occurred. Certain rules may apply to an injury case that lengthens or shortens the amount of time to file a claim.

How Can a Chicago Injury Lawyer Help Me?

If you have been injured as a result of another party's conduct, consult an injury lawyer. An attorney provides valuable, important advocacy and understands the intricacies of the legal system to ensure you receive fair compensation.

The experienced Chicago injury lawyers at Blumenshine Law Group assist injured victims throughout Illinois in pursuing injury claims. We are committed to protecting your rights and ensuring the best possible outcome for your case. As experienced Chicago injury attorneys, we understand the complexities of injury law and can help you determine the maximum compensation and damages to which you may receive and the way to make that happen.

When we take on your injury case, we handle the following aspects:

  • Investigation: Conduct a thorough investigation of the case to determine how the injury occurred and which party to hold legally responsible for the harm caused. During investigations, we gather expert-backed and strong evidence such as testimonies, photos, and videos to prove the other party's negligence. 
  • Consultation: Consult with experts from various fields, including medical personnel and accident reconstruction experts, to build and value your claim. These highly qualified experts bring a unique insight into the complex and subjective aspects of your injury claim.
  • Valuation: Analyze the incident, the medical expenses, and other data to calculate your losses and the amount to seek in your case.
  • Listening to you: We ask What happened to cause your injury? What effects has the injury had on you? What are your questions and concerns? What do you need from us?
  • Filing: File all documents on time, including documents in the court where your case will be litigated and claims with insurance providers.
  • Negotiation: Negotiate with insurance companies on your behalf for a fair and timely settlement of the injury claim. If they refuse to pay a meaningful settlement, we bring your case to a jury in Chicago.

How Do I Prove Fault in My Chicago Injury Case?

Receiving compensation in a Chicago injury case requires establishing that another party was at fault. A person, company, or government agency can be at fault for any action or omission that is reckless, negligent, wanton, or willful. A fault is proven by establishing the following elements:

  • Duty: The other party owed you a duty of care or had a responsibility to you.
  • Breach: The party failed to act reasonably or breached the duty of care.
  • Injury: The breach led to your injuries.
  • Losses: You suffered a loss due to the injuries.

Duty of care is the legal obligation of a party to act reasonably to prevent causing harm or injuries to others. If the party fails to meet this duty, they can be held liable for the damages their actions or inactions may cause. For example, a relevant owner must manage their property in a safe way. If they are negligent and cause an injury, they are liable for damages.

Damages You May Be Eligible To Receive 

In an Illinois injury case, injured victims are eligible to receive both economic and non-economic damages. 

Economic Damages

These are monetary damages that are measurable and include:

  • Medical expenses (past and future): Ambulance, doctor visits, prescription medication, diagnostic tests, physical therapy, surgeries, and mobility aids.
  • Mental health treatment expenses: Costs to treat depression, anxiety, PTSD, and any mental health diagnosis stemming from the injury.
  • Future lost earning capacity
  • Lost income (past and future) 
  • Household services
  • Property damage

Non-economic Damages

These are subjective, non-monetary damages that don't have a specific amount of dollars assigned to them and may include:

  • Pain and suffering
  • Loss of enjoyment of life or loss of a normal life when you're unable to participate in activities you enjoyed before the injury.
  • Disability - the total or period of inability to do things you did before the incident.
  • Emotional distress
  • Disability or disfigurement
  • Reputation or humiliation damage

Punitive Damages

The court may award punitive damages in addition to monetary and non-economic damages. These damages aim to punish defendants whose conduct is considered intentional or grossly negligent. While punitive damages are not awarded to compensate the injured victim, they still receive all or some of the damages awarded. 

What Should I Do After An Injury Accident?

After an injury accident, check yourself for injuries and call law enforcement to report the accident. If injured, call the paramedics. Move yourself to safety as you wait for help to arrive. Meanwhile, it is wise to document the injury accident to protect yourself. Get the name and badge of all the responding officers and obtain a copy of the accident report.

Take as many pictures as possible of the accident, as they may come in handy when supporting your claim. Exchange contact information with the parties involved, and if you can, talk to witnesses and get their contact information. 

After getting physically stabilized, the first thing you should do is speak with an experienced injury attorney. A lawyer will help you determine whether you are eligible for damages and who to hold liable for the injuries you may have suffered. They will inform you of your rights, the options available, and the best course of action to take.

At Blumenshine Law Group, our experienced Chicago injury lawyer and case manager have the skill and intention to protect your interests and help you seek fair compensation for your injuries. We handle the legal and complex aspects of your case, including filing your claim, and we stay in touch with you.

Do I Always Need an Injury Lawyer?

If you have sustained an injury due to another person's negligence or misconduct, you may be able to handle your case, but you should contact a personal injury attorney for a consultation. An attorney can go over your rights, examine the facts of your case, determine who to hold liable for injuries, and offer valuable guidance and advice. 

Injury cases are complex and require a deep understanding of laws and the legal system to fight and win. Tackling a serious personal injury case on your own lowers the chances of receiving fair compensation and puts a strain on you when you should be resting and recovering from your injuries.

Experienced Chicago injury lawyers take care of all aspects of the case on your behalf, including filing the necessary documents, subpoenaing witnesses, gathering evidence, and representing you at hearings in court. 

Will My Injury Case Go to Trial?

During the lawsuit process, injury claims go through several steps, including:

  • Filing
  • Court rulings
  • Discovery
  • Arguments
  • Trial
  • Judgment
  • Appeals

Certain elements can alter the course and direction of your case. For instance, the defendant may offer a settlement early in the trial, which shortens the length of your case. Other times, they may negotiate a settlement before the case goes to trial, eliminating its need. Certain factors can also prolong your lawsuit process, including appeals, re-trials, and disputes over a legal matter.

What Types of Cases Can An Injury Attorney Handle?

Injury lawyers specialize in a wide range range of cases, including:

Blumenshine Law Group is dedicated to advocating for the rights of personal injury victims and fighting to secure the maximum financial recovery possible. As a result, we have developed experience across a broad range of cases, including those mentioned above. We have over 35 years of legal experience in handling injury cases of all types to get the results you need.

The Blumenshine Law Group Difference

Choosing the best Chicago injury attorneys for your case isn't always easy, but Blumenshine Law Group will have you covered. Our clients are important to us, and that's why we give you personalized attention and treat you with the utmost respect. We ensure you feel heard at every step of the litigation process and maintain constant communication. Whether you have questions and concerns regarding your case or need updates, we keep you informed and offer premier legal services and counsel.

Our goal is to ensure the best possible outcome for your case, so we negotiate every case aggressively and strategically. But why choose Blumenshine Law Group?

  • We have over 35 years of experience handling injury cases throughout Illinois.
  • We have a proven track record of success in obtaining fair compensation for our clients. Our testimonials are proof of this. 
  • We prioritize our client's well-being and understand that your injury claim is important.
  • We have the resources to handle your case.
  • We offer a free, no-obligation consultation.

Contact us today to schedule a free consultation and learn more about how we can help you.

Injury Claim FAQs

How Long Do I Have to File an Injury Lawsuit in Illinois?

In Illinois, the statute of limitations for an injury claim is 2-years and sometimes one year from the date the injuries occurred. Certain considerations or factors can alter the statute of limitations for filing a lawsuit. Get in touch with an experienced attorney to understand the rules that apply to your case and to meet the relevant deadlines.

What If I'm Partially At Fault For My Injury?

Injury cases in Illinois follow a "modified comparative negligence" rule as a viable legal defense to determine shared responsibility or assignable fault. Under the law, if the court decides the injured person is more than 50% responsible for the accident, they cannot receive compensation for their damages. If their shared liability is less than 50%, the compensation is reduced by the percentage of responsibility or fault. We recommend never admitting fault for your injury case. Speak with a lawyer first to determine shared responsibility and the best course of action.

Does Illinois Have Caps On The Amount Of Damages Received?

Currently, Illinois has no statutes setting caps on the amount of damages injured persons receive.

How Can I Afford to Hire an Injury Attorney?

Yes, because we are "contingency fee" based. You pay no down payment or monthly bills to us. You only pay a percentage of any amount we recover for you.

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