Frequently Asked Questions We Hear at Our Chicago Personal Injury Firm

If you’ve suffered an injury as the result of another party’s negligence, you probably have a lot of questions about your legal options. Here at Gainsberg Law Injury and Accident Lawyers, we are well-acquainted with some of the most pressing questions clients have about the personal injury claims process. Whether you’re recovering from injuries caused by a car accident, slip and fall incident, medical malpractice or other serious incident, we’re here to help you understand your options clearly and confidently.

Below, we’ve answered some of the most frequently asked questions our attorneys receive during consultations and throughout the course of a case. Read on to get your questions answered and to learn more about the personal injury claim process here in Chicago.

Personal injury questions and answers

You’ve got questions, and we’ve got answers. Here are some of the questions we most often receive from prospective and current personal injury clients:

Q: When is it okay to file a personal injury claim?

A: If your injuries were caused by another person’s negligence, carelessness or wrongdoing, you may be within your rights to file a personal injury claim. In most cases, an injured party must be able to demonstrate that the alleged at-fault party caused the plaintiff’s injuries by failing to adhere to a legally established duty of care. This might look like:

• A reckless driver causing an accident by failing to adhere to posted speed limits
• A nursing home facility failing to provide residents with adequate care
• A surgeon leaving an instrument inside of a patient after a procedure
• A local business failing to properly maintain the sidewalk outside of their storefront

and more

If any of the above scenarios resulted in physical, emotional and/or financial harm to another party, the injured victim may have cause to file a claim for compensation against the negligent party.

Q: How much does it cost to hire a personal injury attorney in Chicago?

A: Every firm is different when it comes to charging fees or requiring reimbursement of up-front costs. At Gainsberg Law Injury and Accident Lawyers, we handle the majority of personal injury cases on a contingency fee basis. That means you don’t pay anything unless we win your case or secure a settlement. We know that the costs associated with your accident are monumental enough without the added stress of hourly legal fees and other expenses. By working with our clients on a contingency basis, we hope to alleviate some of the strain commonly associated with the legal process while incentivizing our team to work as hard as possible to secure favorable outcomes for clients from all walks of life.

Q: How long do I have to file a personal injury claim in Illinois?

A: In most cases, the statute of limitations in Illinois is two years from the date of the accident. In certain situations, such as medical malpractice or latent injuries, the time limit may begin when the injury is discovered or reasonably should have been discovered. This fairly limited window makes it crucial for clients to file as soon as possible in order to avoid a potential loss of legal standing.

Q: What types of compensation can be recovered in a personal injury claim?

A: Most clients pursue personal injury claims in an effort to collect compensation. Under Illinois law, injured parties may be eligible for both economic and non-economic damages related to their accident, including:

• Medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Loss of normal life
• Disfigurement or disability
• Increased risk of harm
• Property damage

All of these forms of compensation can be used to help accident victims fast-track their recovery and more effectively meet the challenges posed by the harm they endured.

Q: Are there any caps on the amount of damages I can collect?

A: In Illinois, there are no caps on the amount of economic and non-economic damages that can be collected in personal injury claims. Illinois caps punitive damages at three times the amount of compensatory damages in certain cases, such as those involving bodily injury and willful or wanton misconduct. However, punitive damages are not available in most ordinary negligence cases.

Q: Am I required to go through mediation?

A: While mediation can be a great option for some personal injury claimants, the state of Illinois does not require claimants to pursue mediation prior to taking other legal action against a responsible party.

Q: Do I have to go to court?

A: Not necessarily. Most personal injury cases settle out of court as the result of insurance negotiations or mediation. Sometimes, however, the plaintiff and their legal team will opt to go to court if they feel a fair settlement offer cannot be secured by other means. If your case DOES go to court, the experienced trial attorneys at Gainsberg Law Injury and Accident Lawyers are prepared to support you every step of the way.

Q: How long do personal injury cases take?

A: Each case is different, and the timelines of various personal injury claims can vary widely as the result of a variety of different factors. Some claims resolve in a matter of months, while others may take a year or more. After an initial consultation, your attorney may be able to provide you with a clearer picture of how long they expect your claim to take based on the facts of your case. While we cannot guarantee a specific time frame in most cases, we are happy to provide you with an educated guess based on our experience.

Q: Can I file a claim if I was partially at fault for the accident?

A: Illinois follows a modified comparative negligence rule, which means you may still be eligible to recover damages as long as you were less than 50% at fault. It’s important to note, however, that any compensation you ultimately receive will be reduced in accordance with your level of fault. For example, if you are found to have been 20% at fault for your accident, your final settlement amount will be reduced by 20% to account for your level of responsibility.

Q: How much is my case worth?

A: Unfortunately, there is no set formula for determining the value of a personal injury claim. Your settlement amount will depend on a variety of different factors, including the severity of your injuries, the cost of your medical care, how much work you’ve missed and whether or not you contributed in any way to the accident. If you choose to contact Gainsberg Law Injury and Accident lawyers about your case, our team can use the information you provide during your initial consultation as well as records from similar cases to give you a clearer picture of how much compensation might be available in your case.

More questions?

If you’re considering filing a personal injury claim in Chicago or the surrounding areas and feel like you’re drowning in questions, you are far from being the only one. We know that the legal process and its intricacies can be incredibly overwhelming, especially if you’re in the process of healing from a recent trauma.

At Gainsberg Law Injury and Accident Lawyers, we are proud to provide our clients with the hands-on, compassionate support they need to make informed decisions during their fight for accountability. Whether you’re just starting to consider filing a claim or are ready to take the next step towards recovering compensation, our team is standing by to answer all of your questions and steer you towards a favorable case outcome.

Give us a call or fill out our online contact form to request a free, no-pressure case review. We would love to learn more about you and your case so you feel empowered to make the right choice for you and your family.