How to Know Whether You Have a Personal Injury Case

 Posted on April 11, 2023 in Personal Injury

If you suffered an injury in an accident, you might wonder whether you have a personal injury claim worth pursuing. Personal injury cases can help you recover compensation for your injuries and damages. However, only some accidents lead to a viable claim. Let us discuss the elements of a solid personal injury case and how to determine if you have a strong claim. Remember, if you have suffered a personal injury, consider contacting a personal injury attorney to learn more about whether you have a worthwhile claim.

Elements of a Strong Personal Injury Claim

There are various elements to a successful personal injury claim, including:

• Establishing liability – The first and most crucial element in a personal injury case is proving liability. In other words, you must establish that the defendant is responsible for the accident that caused your injuries. This typically involves demonstrating that the defendant was negligent or acted recklessly. For example, suppose you are injured in a car accident. In that case, you may need to prove that the other driver was distracted, intoxicated, or failed to exercise reasonable care while behind the wheel.
• Demonstrating damages – Once you have established liability, you must prove that you suffered damages due to the defendant’s actions. Damages may include medical expenditures, lost wages, property damage, and pain and suffering. To effectively demonstrate damages, gather documentation to help support your claims. Such documentation may include medical records, repair estimates, and other documentation supporting your claim.
• Proving collectability – The final element of a successful personal injury claim is collectability, meaning that the defendant has the financial means to pay for the damages they caused. If the defendant is uninsured or has limited assets, recovering the compensation you seek may be challenging. In such cases, an experienced personal injury attorney can help you explore alternative avenues for recovery, such as pursuing compensation from your insurance policy or other responsible parties.
• Statute of limitations – Another critical factor in determining whether you have a personal injury case is the statute of limitations. This refers to the legal time limit within which you must file your claim. In Illinois, the statute of limitations for personal injury cases is two years. Failing to file your claim within two years will likely mean your claim will be denied.

Contact a Chicago Personal Injury Attorney

If you are wondering whether you have a viable personal injury claim, contact the experienced Cook County personal injury lawyer with Adler Law Offices, LTD. Call 312-236-2700 for a free consultation.

Source - https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K13-202