If you suffered an injury, the attorneys you choose to represent your case can make all the difference. Having experience and professionalism by your side to represent your legal right to recover compensation may play a vital role in receiving fair compensation for your personal injury claim.

A well-versed personal injury attorney will have experience in all types of claims, including car accidents, truck accidents, motorcycle crashes, injuries at work, slip and fall injuries, product defects, and medical malpractice. If you suffered an injury and believe you are entitled to compensation, an Orland Park personal injury lawyer could help you pursue your rights. En Español.

Establishing Negligence in a Personal Injury Claim

Most personal injury cases are predicated on the legal theory of negligence. A negligence claim consists of five elements:

  • A duty of care owed to the plaintiff by the defendant
  • A breach of said duty
  • Actual causation, meaning that the defendant’s conduct caused the injury to the plaintiff
  • Foreseeability, meaning that the harm to the plaintiff must have been a reasonably foreseeable consequence of the defendant’s conduct
  • An injury to the plaintiff

Duties of care arise in a wide variety of situations ranging from a driver’s duty to obey traffic laws and act reasonably on the roads to a business owner’s duty to ensure their store is safe for customers to shop. Breaches of those duties can take the form of a driver speeding through a stop sign or a store owner failing to mop a slippery floor.

Comparative Fault

Illinois employs a system called modified comparative fault to evaluate and modify damage awards in personal injury cases. Under this system, a plaintiff’s amount of recovery is reduced proportionally to their level of fault in causing the injury. However, if that level of fault exceeds 50 percent, they may be barred from any recovery. This means that someone who is 30 percent responsible for an automobile accident may have their damages award reduced by 30 percent.

Deadlines to File a Personal Injury Claim in Orland Park

In Orland Park, an injured party must file a claim in a timely manner or otherwise may be barred from recovery. Typically, the statute of limitations to file a claim begins at the time an injury occurs or is discovered. For personal injury lawsuits, Illinois imposes a statute of limitations of two years (735 ILCS 5/13-202).

If the injured person is a minor, the statute of limitations may be affected. Additionally, in certain circumstances, the statute of limitations for a personal injury claim may be shortened by agreement. An experienced Orland Park personal injury attorney can assist individuals in understanding your deadlines to file a claim in these situations.

Orland Park Personal Injury Attorney Could Help

If you were involved in an accident, you understand the physical, emotional, and financial stress that accompanies an injury. However, you do not have to navigate the road to recovery alone – an Orland Park personal injury lawyer can be your guide to the compensation you deserve.

Call today to schedule a consultation with a compassionate attorney. They can help you understand your rights and options to be able to move forward. If you are wondering how to proceed, a lawyer can help.