Personal injury law can be tricky to maneuver. What should you do after an accident? Is there a statute of limitations on certain cases? Do you even have a case? With so many pieces to consider, it’s hard to find answers to all of your questions. Add a recent injury to that, and you’re already dealing with too much stress. Luckily, Ginzkey & Molchin, LLC is here to help. We’ve answered some frequently asked questions about personal injury law and cases below. Have another question? Feel free to contact us. We’re happy to help ease your pain.
What do I do after an accident?
The first thing you need to do is seek medical attention and make sure a physician addresses and documents the extent of your injuries. Delaying going to a hospital or physician’s office could not only negatively impact your health, but it can also have an adverse impact on your personal injury case. Keep in mind that most insurance companies recognize that seeking medical attention within 72 hours of an accident is a reasonable time frame.
What if I have a pre-existing condition?
If you have a pre-existing condition it does not disqualify you from compensation for an injury. Generally, victims in personal injury cases can’t receive payment for injuries or conditions that aren’t affected by an accident. But if your pre-existing condition was made worse as a result of an accident you may be entitled to receive a settlement. This covers both physical ailments and injuries as well as mental health conditions such as anxiety and depression.
Is there a statute of limitations for personal injury cases?
In Illinois, the statute of limitations for a personal injury is two years. For most personal injury claims, the clock starts ticking on the date the injury occurred. However, it isn’t advisable to wait when pursuing a personal case. As time goes by witnesses’ recollections aren’t as sharp and health conditions are more difficult to tie to the accident. Also, without timely advice from an attorney, it becomes difficult to compile relevant medical and financial information.
How do I know if I have a case?
There are three basic elements needed to establish a personal injury claim:
1. The responsible party was careless.
2. The carelessness caused an injury.
3. The injury resulted in medical expenses.
Contact our office at 309.821.9707 to schedule a free consultation with one of our experienced personal injury attorneys. We can share our knowledge and give you valuable information regarding the viability of your case and how to proceed with a claim.
What if I was partly at fault?
If the court finds your portion of the blame for an accident is less than 50 percent, you may be entitled to financial compensation. Any settlement you receive will be based on the percentage of responsibility you had related to the accident. Also, it’s important to note that the plaintiff needs to prove the defendant is 50 percent at fault. That’s why it’s important to work with a personal injury attorney to ensure your case has a positive outcome.
Will my personal injury case go to trial?
According to the most recent numbers from the U.S. Department of Justice, only about five percent of personal injury cases ever go to trial. Our attorneys will help you navigate the complexities of the legal system and reach a fair settlement.
How long does a case take to settle?
At Ginzkey Law, the vast majority of our cases never see the inside of a courtroom. Settlements generally happen in about one year, which is much faster than going to trial.
Do I need a personal injury lawyer?
Our firm’s mission is to represent clients who have suffered injuries as a result of negligence and ensure they receive fair compensation in a settlement. We believe that our knowledgeable attorneys at Ginzkey & Molchin, LLC are invaluable assets for our clients. With our legal guidance and track record of success, we’re confident that choosing us to represent you makes this answer a definite “Yes.”
Personal Injury Lawyers Serving these Illinois Cities: Bloomington, Champaign, Clinton, Danville, Decatur, Eureka, Gibson City, Joliet, Kankakee, Lacon. LaSalle, Lincoln, Monticello, Morris, Morton, Normal, Ottawa, Paxton, Pekin, Peoria, Peru, Pontiac, Springfield, Taylorville, Urbana, Washington, and Watseka.