If you or a friend has been injured in a vehicle accident, you could be entitled for compensation. In the event that a loved person was killed in an automobile accident, you might be eligible to file a claim for wrongful death. However, you might not know how to proceed legally. A Chicago-based personal injury lawyer will help you navigate through the legal system. Continue reading for more information. Below are some important aspects of Illinois' personal injury law.
Contributory fault
Illinois has a modified comparative negligence standard for personal injury cases. This means that a person who is 50% responsible for an accident can only get $50,000 in compensation. If their percentage is higher than that of the other person, they cannot get anything. Illinois uses the modified comparative negligence standard in all of its cases. A 51% bar rule is also in place to recover damages.
Comparative negligence
Illinois personal injury law allows you to pursue monetary damages if another driver was partially responsible for the accident. Illinois personal injury law applies a rule of comparative negligence, which reduces the value of your damages by your percentage of fault in the accident. For example, a woman who tripped over a parking lot defect may be eligible to recover 90 percent of her damages if she or the other driver was at least partially at fault.
Damage caps
Illinois does not have a cap on the amount of compensation available to personal injury victims in wrongful-death or injury cases. This is one of few personal injury laws in Illinois that is victim-focused. Some states have adopted damage caps laws, which restrict the award of damages beyond economic. Damage caps apply only to economic losses, not pain and suffer or loss of consortium. However, there are exceptions to the damage caps, especially in cases of serious injuries or wrongful termination.
Getting compensation for injuries caused by a vehicle while on foot
The pedestrian accident is the most frequent type of car accident. If a pedestrian is struck by an automobile, they are more likely to sustain serious injuries. This may allow them to seek financial compensation. When you are injured by a vehicle, it is important to contact an Illinois personal injury attorney. These attorneys represent residents of Chicago and Cook County, including Kenwood and South Shore, Garfield Park and Chatham.
Gather evidence
Collecting evidence in Illinois personal injury law is essential. This type of evidence establishes the truth of a case and is governed under the Illinois Rules of Evidence. The plaintiff must gather a variety evidence and present it before the judge. The evidence can come in many forms, including photographs, digital recordings and paper records. Medical records, police reports, witness testimony, and witness statements are the most important types.
Limitations statute
Illinois law requires that personal injury lawsuits be filed within two year of the accident. If you are injured in an automobile accident on June 7, 2017, you have 2 years to file suit against the responsible party. You might waste your time if you don't file a lawsuit within 2 years from the date of the accident. There are however ways to extend the deadline.
FAQ
What is the difference in a transactional lawyer versus a litigator lawyer?
A transactional lawyer is more likely to face certain legal problems than a litigation attorney. Transactional lawyers focus on contracts, real estate transactions and business formation. They also deal with intellectual property issues. Litigation attorneys deal with disputes involving corporations. Partnerships, trusts, estates. Insurance claims. Personal injury cases.
Each type of case requires different skills and knowledge. If you're looking for a transactional legal attorney, you will likely need to know how to negotiate terms, draft documents, negotiate terms, deal with disputes, etc. An attorney in litigation must be well versed in the rules of evidence, limitations, discovery rules, etc.
Additionally, the differences could be based on the client's location. A New York City lawyer might not be as familiar as an attorney who practices in California. A Florida attorney might not be as familiar with Texas laws as someone who practices in Texas.
How much should I expect to pay for a lawyer?
If you want to hire a lawyer, ask yourself what you will need from him or her. An hourly rate of $1,000-$2,500 should be the norm. Many people don't realize the amount of time that is required to research the options, prepare paperwork and meet with a lawyer. Even though you believe you are paying for his or her expertise, you actually spend more.
Also, consider whether you would like to retain the lawyer part-time or full-time. Full-time lawyers typically charge hourly rates. Part-time lawyers generally bill by the project. It is a good idea to hire a part-time attorney if you only need their assistance once or twice each year. You should however seek out a full time lawyer if you require ongoing assistance.
You also need to consider whether you prefer a solo or firm practitioner. Although solo practitioners often charge less per hour than firms they are often not able to provide the best representation. Firms have more experience and better expertise. They also have greater access to the resources.
Finally, you should factor in the cost of malpractice insurance. While some states require all lawyers to carry professional liability insurance, others do not. You should always check with your state's bar association to find out which insurers are available.
Do all lawyers have to wear suits?
But not necessarily. Some people prefer to wear suits while others prefer casual clothing. Many lawyers dress casually. However, some states require that lawyers wear business attire.
Do lawyers earn more than other professions in the United States?
No. Lawyers often earn less than doctors and dentists, engineers or architects, teachers, nurses, accountants and pharmacists, and veterinarians. Lawyers average $55,000 annually.
Statistics
- A Johns Hopkins study of more than 100 professions found lawyers the most likely to have severe depression—four times more likely than the average person. (rasmussen.edu)
- According to the Law School Admission Council, the number of people applying for these programs was up 13% last fall. (stfrancislaw.com)
- The median annual salary for lawyers in 2016 was $118,160, according to the U.S. Bureau of Labor Statistics (BLS). (rasmussen.edu)
- The nationwide number of first-year students enrolling last fall increased by almost 12%, according to recent data by the American Bar Association. (stfrancislaw.com)
- According to the Occupational Outlook Handbook published by the Bureau of Labor Statistics, the national average annual wage of a lawyer is $144,230. (legal.io)
External Links
How To
What is the best way to get free legal assistance?
Because there are many lawyers who want your business, it can be very difficult to find a pro-bono lawyer. There are several ways you can go about finding a pro bono attorney. You can reach out to your local bar association to ask for recommendations, search online for pro bono service providers, or check with the state bar association. A local law school is another way to locate a pro bono lawyer. Many law schools offer opportunities for their students to assist low-income clients and provide access to justice. If none these options appeal to your needs, then you might want to consider working with a nonprofit such as Legal Services Corporation. LSC finances organizations in the United States that provide civil legal assistance free of charge to people below the poverty threshold. LSC funds programs that help low-income people with housing, child support enforcement, family legal matters, consumer protection and bankruptcy, as well as public benefits. In addition to providing financial assistance, LSC also advises and guides its grantees on how best to serve their clientele. Some of the services offered include:
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Financial counseling
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Assistance with bankruptcy filing
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Family violence cases can be resolved by helping families
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Representation before administrative authorities
Here are some suggestions for people who are looking for pro bono attorneys.
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Don't waste your time trying to find a lawyer who specializes in your case type. Pro bono lawyers often represent different types of clients, which means they'll likely have little experience working with your particular kind of issue.
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It is important to find a lawyer who has represented low-income clients. This is a sign that the lawyer has had experience working with low-income clients.
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Ask your lawyer if he or she has received any training in the area you are concerned. Consider, for example, whether the lawyer is familiar with handling landlord-tenant cases.
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Find out whether the lawyer is available to take on new clients. Some lawyers are limited to certain types of cases. This means that you may not find one who is willing to take on pro bono clients.
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Avoid lawyers who claim they are experts in one particular area of law. Many lawyers claim they are specialists in a specific area of law but do not know enough about the subject matter.
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Check that the lawyer has a good reputation. Ask for referrals from family members and friends. Look online for reviews of other clients.