Claims Vs. Lawsuits

A typical Chicago personal injury attorney may handle a variety of different types of cases arising out of injuries sustained to a client as the result of the negligence of someone else. With that understood, a significant percentage of a typical personal injury lawyer’s caseload likely involves clients injured in motor vehicle accidents caused by the negligence of another driver on the roadways in and around the Chicagoarea. A shocking number of people are injured and killed in car accidents in the United States, including on the roadways in and around Chicago, each and every year. According to the National Highway Traffic Safety Administration, approximately about 1.3 million people are killed in motor vehicle accidents annually. The yearly total equates to about 3,300 deaths daily on roadways in the United States. Beyond those who lose their lives in motor vehicle accidents, approximately 40 million people are injured annually. This includes people who end up with very serious and even permanently debilitating injuries arising from motor vehicle accidents.

Understanding a Personal Injury Claim

A personal injury claim is one that is filed directly with the negligent driver’s automobile insurance company. Keep in mind that you likely need to file a claim with your own automobile insurance company as well to cover all of your bases and fully protect your rights and interests. Through the claims process, the hope is that you will be able to receive a settlement from the insurance company that appropriately compensates you for the losses sustained as the result of a car accident. The reality is that an insurance company’s primary objective is to minimize the amount of compensation paid to you. In addition, the claims process typically proves to more complicated that an injured person may imagine. Because of what truly is at stake when pursuing a claim with an insurance company, you best protect your rights and interests by engaging the services of a qualified and experienced Chicago personal injury attorney. Taking a proactive stance in this regard is the best way to ensure that you ultimately end up with the compensation you are entitled in your claim.

Understanding a Personal Injury Lawsuit

A lawsuit represents formal court proceedings arising out of a personal injury, including a car accident. A lawsuit typically is filed when negotiations with an insurance company fail to result in an appropriate settlement of a claim. In some instances, when an accident is particularly serious and injuries severe, a lawsuit may be filed at a point in time not long after the accident itself. Personal injury lawsuits are highly complex. If you need to pursue this type of case, you must seriously consider the vital need to retain a Chicago personal injury attorney.

Commencing a Personal Injury Claim

A personal injury claims commences when a claim is filed with the negligent driver’s insurance carrier (or your own, depending on the circumstances). An adjuster is assigned to the case, who then begins the process of evaluating the accident and the damages and injuries sustained. The adjuster also examines the issue of liability, meaning who caused the accident.

Commencing a Personal Injury Lawsuit

A personal injury lawsuit commences with the filing of a complaint in an Illinois civil court. Although you have the right to file a lawsuit on your own, you best protect your interests and significantly enhance your chances for success in obtaining the compensation to which you are entitled by engaging the professional services of a Chicago personal injury attorney.

Understanding the Statute of Limitations

Illinois maintains what is called a statute of limitations. The statute of limitations establishes a deadline by which a personal injury lawsuit must be filed in court. This includes a lawsuit involving injuries and damages sustained as the result of a motor vehicle accident. You need to consult a qualified Illinois personal injury attorney to obtain precise information about the statute of limitations. As a general rule, a lawsuit arising out of injuries sustained in a car accident must be filed within two years from the date of the incident. If a person dies as a result of a car accident, the family or estate has between one to two years to file a lawsuit, depending on a certain factors which an experienced personal injury lawyer can explain to you. You must keep in mind that the failure to file a lawsuit involving a car accident has very serious consequences. The failure to meet this deadline can prevent you from ever being able to pursue your rights in court and obtain the compensation to which you are entitled for injuries sustained as a the result of a car accident caused by someone else’s negligence.

Injuries that Warrant Taking a Case to Trial

The type of injuries sustained as the result of a car accident can vary rather significantly. Claims and cases involving more minor injuries should be settled (in most instances) before ending up in a trial. However, if the injuries cause permanent damage or disability, or a significant impairment for a more extended period of time, a trial before the court may be necessary. One of the first steps a Chicago personal injury attorney takes when consulting with an injured person is determining the extent of injuries and what specific course of action should be taken in regard to a particular claim or case.

Contact a Chicago Personal Injury Attorney Today

Contact a Chicago personal injury attorney today at Budin Law Offices. A lawyer from the firm can be reached at 312-377-0700. A personal injury attorney will schedule an initial consultation to discuss your case at your convenience. The importance of being proactive in this regard cannot be understated. Keep in mind that a personal injury attorney at Budin Law Offices does not charge a fee for an initial consultation. In addition, a Chicago personal injury attorney from the firm does not charge a fee in a case unless and until a settlement or judgment is obtained on behalf of a client.