DES PLAINES PERSONAL
INJURY LAWYER

Des Plaines Personal Injury Lawyer

When you’re recovering from a serious injury, the new challenges in your life can be overwhelming. Incidents like car accidents, slip-and-fall injuries, daycare or nursing home negligence, and accidents on someone else’s property can lead to lengthy recoveries.

You might face costly medical bills, loss of income, property damage, and more losses. In severe cases, such injuries could result in permanent disabilities or disfigurement.

These difficulties can strain your finances, disrupt your family life, and diminish your quality of living. If the accident was caused by someone else’s negligence, you may be entitled to seek compensation for your damages.

Unfortunately, the at-fault party or their insurance company might challenge your claim or attempt to reduce the payout you deserve.

The dedicated team at The Personal Injury Lawyers™ is here to stand up for your rights. Whether you’re unsure about the validity of your claim or need advice on the process, we provide free, confidential consultations.

Our experienced attorneys will evaluate your case and guide you on the steps you can take to pursue the compensation you need.

How Can a Des Plaines Personal Injury Attorney Help?

We know that many injured people don’t think they need a lawyer. For various reasons, some don’t want to pursue a claim or aren’t sure if they can.

They might believe there is nothing a lawyer can do to help with their situation. Others wonder if they are at fault.

However, it’s likely that a personal injury attorney can still provide assistance in these situations. Here are just a few of the ways we might be able to help:

Clarity

In many cases, we can answer questions or help determine fault. If you’re unsure who is at fault or think it might be you, it’s always a good idea to talk to an attorney, preferably before you speak with the insurance company.

We’ll review the details of your case and help you understand more about what happened. In some situations, we find the injured person was not at fault or had only partial responsibility, which means they might still be able to file a claim.

Options

Our legal team will study the evidence and identify the options for pursuing compensation. Even if the situation is contentious or you know the negligent party, we may be able to find a sensible solution that allows you to recover damages.

Identifying Insurance Coverage

Some injured people assume there is no way to obtain compensation, either because they don’t know who is at fault or because they think the at-fault party lacks the financial resources to pay their claim. Either way, your lawyer will consider the facts and search for relevant insurance policies.

Sometimes, we might discover a policy that covers at least some of your damages. In other cases, we may learn the negligent party has more resources than they let on.

If there is a way to recover compensation, we’ll find it.

Claim Value

Here is another common situation: An injured person files an insurance claim, and the insurance company makes an offer—but is it a good offer? Many times, the insurance company’s initial offer is much lower than the total claim value.

However, valuing a claim is a complex process that few people have the knowledge and skills to complete independently. Your Des Plaines car accident attorney will review your damages and help you arrive at an approximate amount so you’ll know if the offer is sufficient.

Negotiations

If the offer is not where it should be, and you want to seek a more equitable settlement, we’ll negotiate with the insurance carrier and fight for a solid offer.

Remember, if you’re not sure you need or want a lawyer but could use more information, you can always contact The Personal Injury Lawyers™ for a free consultation. There’s no obligation, and we’ll answer your questions so you can make an informed decision on how to proceed.

How Much Is Your Personal Injury Claim Worth?

The value of a personal injury claim can vary from a few thousand dollars to seven figures, depending on several factors. Your lawyer can help you get a better sense of what your claim is worth, but here are some things we will consider:

Your Damages

One of the first steps is to evaluate all your damages—medical bills, lost income or earning potential, pain and suffering, permanent disability or disfigurement, property damage, and more. When we’ve completed this step, we’ll add up these numbers to arrive at a general idea of your claim’s approximate value.

The Breakdown of Fault

If the other party is 100 percent at fault, then this part is very simple—your claim should be worth the value of your damages. However, in some cases, the other party and/or their insurance company may claim you are at fault, at least partially.

Under Illinois law, they can reduce your settlement by the percentage of fault they assign to you, but their estimate may not be accurate. We’ll discuss the challenges of shared fault later in this article.

How Much Insurance Coverage Is Available?

Most personal injury cases involve collecting from an insurance policy. It’s possible to sue the at-fault party directly, but in many situations, they don’t have the assets available to pay a judgment, so we always start by looking at insurance coverage.

However, insurance policies have limits, and if your injuries are severe, your claim could be worth more than the insurance policy. If this happens, we may search for other applicable policies, consider if suing the at-fault party for the remaining damages is feasible, or, in certain situations, sue a third party.

As you can see, there are a number of issues that can get in the way of collecting the full value of your claim. Fortunately, your attorney will do their best to find a solution and achieve the highest possible settlement in your case.

What Happens if You Are Partly at Fault?

This is a frequent occurrence in personal injury cases. You might imagine fault as all-or-nothing, but in some cases, each party shares the responsibility for the accident or injury.

Like many states, Illinois uses a system of modified comparative negligence with a “50 percent bar to recovery.” In other words, injured people may still be eligible to recover damages if their share of fault is less than 50 percent.

As discussed earlier, the insurance company can subtract your portion of the fault from your settlement, so if you are 20 percent at fault, you could only recover 80 percent of your damages.

But is that percentage accurate? Not always.

Estimating fault can be challenging, and in some cases, the insurance adjuster may overestimate your contributions or even assign fault where you have none. One benefit of having an experienced personal injury attorney on your side is that we will study the evidence and fight for a fair fault estimation.

How Soon Do You Need to Contact a Personal Injury Lawyer?

Often, people have questions about whether they can still file a claim or how much time they have to decide. Initially, their medical expenses might have seemed manageable, but unexpected costs like ongoing treatments can arise.

Others may have assumed that health insurance would cover the bills, only to realize later they need to explore other options for compensation from the responsible party.

Personal injury claims are typically subject to a two-year statute of limitations in Illinois. Rarely, there are exceptions in certain circumstances.

For example, in some medical malpractice cases, the clock starts ticking from when you discovered the injury or when you reasonably should have. For most other personal injury cases, it’s wise to plan on initiating legal action within two years of the event.

However, you should still seek legal help as soon as possible. Taking swift action is crucial because your legal team will require time to investigate and gather essential evidence.

As time passes, some forms of evidence may become more challenging to obtain—witness recollections may fade, surveillance footage could be deleted, and other critical details might be lost.

What if the Insurance Company Already Made You an Offer?

An offer from an insurance company can seem like precisely what you need—but is it? Frequently, the insurer’s first offer is much lower than it should be.

The insurance adjuster hopes you will accept before you realize the extent of your damages. Once you accept the insurance company’s offer, you will not be able to pursue further damages as their obligation to you is complete.

For this reason, we advise you to review any insurance company offer with a personal injury attorney before accepting. If we add up your damages and find the offer is reasonable, you can go ahead and accept.

If not, we can negotiate for a better offer that encompasses all your losses.

Can You Sue Your Employer for a Workplace Injury?

In most cases, no, because the Worker’s Compensation system is in place to address workplace injuries. If you are a W2 employee and you are injured on the job, your injury should be covered by Worker’s Compensation.

In one critical way, this is easier than a personal injury claim because you don’t have to prove that your employer was negligent. Likewise, the insurance company can’t refuse the claim because the accident was your fault.

However, there are several other reasons your claim might be denied. Your employer could say you were not really hurt at work but instead must have been injured somewhere else.

Or, the insurance adjuster might insist your injuries were milder than they were or you don’t need a specific treatment. The insurance company might even accuse you of faking your injuries, horsing around, or intentionally injuring yourself!

These situations are frustrating, but arguing with the insurance company or your employer often makes things worse. Instead, here are some steps you can take to protect your rights after a workplace accident:

• Report the accident to your employer immediately in a way that you can later prove. If your boss tells the insurance company they never knew you were hurt, you want to be able to show them that you did report the incident. You can send an email from a personal account or a text from your personal phone, so you have a record. If you’re asked to fill out and sign an incident report, ask for a copy.
• If possible, take pictures of the accident scene and write down the names of anyone who witnessed the injury. If your workplace uses surveillance cameras, note any in the area.
• Seek medical attention right away. If your employer uses a Preferred Provider Program (PPP), they should provide you with a list of physicians. You can choose two doctors from this list or one of your choice. (If your situation is an emergency, you can go straight to the nearest emergency room without selecting from the list.)
• Follow your doctor’s instructions about therapy, prescriptions, and other treatments. If you have difficulties with any part of the treatment plan, such as side effects or any inability to do exercises, communicate the problem to your doctor. They may be able to prescribe a different medication or modify the treatment plan. However, if you ignore the doctor’s advice, the insurance adjuster might decide your injuries are fake or minor.
• Contact a personal injury lawyer for advice about filing a Worker’s Compensation claim.
• You can still speak with a personal injury lawyer if your claim has already been filed and denied. In some cases, we can appeal the decision.

How to Get Help From a Des Plaines Personal Injury Law Firm

At The Personal Injury Lawyers™, our mission is to answer your questions, guide you through your legal options, and work tirelessly to obtain the highest possible compensation for your injuries. Established by attorney Robert S. Fakhouri, our firm is passionate about representing injured individuals and their loved ones, with a proven track record of securing millions in settlements and verdicts.

Contact us today at 312-999-9990 for a free consultation to discuss your case and learn more about how we can assist you.