Fight For Compensation With A Chicago Personal Injury Lawyer

A personal injury is any injury caused to one’s body or mind as a result of another’s actions. It can be inflicted by an individual, an employee of a company or through the direct actions of a company. At Fenbert & Associates, founding attorney Richard Fenbert helps injury victims in the Chicago area get the compensation they need to move forward.

Comprehensive Representation For Personal Injury Claims

Richard Fenbert provides diligent representation for individuals who have suffered harm due to the carelessness of others. He leaves no stone left unturned when investigating the details of your accident. He represents clients in a wide range of injury cases, including:

• Motor vehicle accidents: Whether you were the victim of a car, truck or motorcycle crash caused by speeding, an intoxicated driver or distracted driving, you may be entitled to compensation.
• Slip-and-fall incidents: If you trip or slip on a dangerous surface and the property owner knew about the hazard and failed to fix it, you could have a claim.
• Premises liability: This involves injuries sustained on someone else’s property due to poor maintenance, inadequate lighting or broken equipment.
• Dog bites: Illinois law holds dog owners strictly liable for injuries caused by their pets, provided the victim was lawfully on the property and did not provoke the animal.
• Intentional injuries: Victims of assault or other purposeful harm can seek civil damages even if criminal charges are already pending.
• Medical malpractice: When health care professionals fail to meet the standard of care, you may be able to recover compensation for the resulting complications.

Everyone has a duty to behave with a reasonable degree of care in all things they do. If they are unreasonable and you get hurt, you may be entitled to compensation.

What Is Negligence?

Negligence is the legal foundation for most personal injury cases. To win your case, you must prove four specific elements:

• A duty of care existed
• The defendant breached that duty
• That breach caused your injury
• You suffered actual damages as a result

Whether it is a distracted driver or a property owner ignoring a broken stairwell, proving negligence is the key to holding them accountable. In simple terms, negligence occurs when someone fails to behave with the level of care that a reasonable person would have used under the same circumstances.

Understanding Modified Comparative Negligence

Illinois follows a legal rule known as modified comparative negligence. This rule allows you to recover damages even if you were partially at fault for the accident, but with a specific limit called the 51% bar to recovery. If a jury finds that you were 50% or less responsible for your injuries, you can still collect a settlement, though your payout will be reduced by your percentage of fault. However, if you are found to be more than 50% at fault for the accident, you will not be able to recover any compensation. Attorney Fenbert fights to minimize the percentage of fault the insurance company tries to pin on you.

What Is The Statute Of Limitations For Filing A Personal Injury Claim In Illinois?

In Illinois, the statute of limitations for most personal injury cases is two years from the date of the injury. If you fail to file a lawsuit within this window, you likely lose your right to sue forever. There are rare exceptions for minors or cases where an injury was not immediately discoverable, but these are complex. You should contact a personal injury lawyer as soon as possible to ensure you do not miss this critical deadline.

What Happens If The Other Driver Doesn’t Have Insurance?

If you are hit by an uninsured driver, you must turn to your own insurance policy’s Uninsured Motorist (UM) coverage. Illinois law requires every auto policy to include this protection. Because Illinois is an at-fault state, the person who caused the crash is responsible for the bills.

If their coverage is nonexistent or insufficient, your own insurance company essentially steps into the shoes of the at-fault driver. However, your own insurer may still try to lowball your claim, making it vital to have an experienced injury attorney handle the negotiations.

Understanding Compensation And Damages In A Personal Injury Claim

The goal of a personal injury claim is to make you whole again financially. Recoverable damages generally fall into two categories:

• Economic damages: These cover tangible costs like hospital bills, rehabilitation, pharmacy costs and lost wages from missed work.
• Noneconomic damages: This addresses pain and suffering, emotional distress, and the loss of enjoyment of life.

If a loved one passes away, families can seek funeral expenses and compensation for the loss of financial support and companionship in a wrongful death claim. The value of potential damages varies widely from case to case based on the severity of the injury.

What Is The Timeline For A Personal Injury Claim?

The journey from injury to settlement is rarely overnight. It typically follows this path:

• Medical treatment: Once you reach maximum medical improvement, it is easier to determine the full extent of your bills.
• Investigation: Police reports, witness statements and video footage help prove your claim.
• Demand package: Your injury lawyer will send a formal demand to the insurance company outlining your losses.
• Negotiation: Insurance adjusters often try to settle quickly for a fraction of what a case is worth.
• Litigation: If the insurer refuses to be fair, you can file a personal injury lawsuit.

While many cases settle within six to 12 months, complex cases involving litigation can take longer. Attorney Fenbert stays in constant communication so you always know where your case stands.

Contact A Chicago Personal Injury Lawyer For A Free Case Evaluation

Attorney Fenbert offers clients a free initial case evaluation and consultation. He will answer your questions and help you understand your options. To schedule your free appointment, call or text Fenbert & Associates in Chicago at 630-917-2051. You can also email the firm at [email protected].