Frequently Asked Questions

Many different situations can result in a personal injury claim, but there are two primary factors that must be present. First, you must be able to prove that you have been injured, whether physically or emotionally. Second, you must be able to prove that someone else is at fault for your injury (or, if you have some responsibility, you must prove that someone else was more at fault than you were). Here are some of the most common accidents that cause personal injury:

• Automobile Accidents
• Truck Accidents
• Medical Malpractice
• Slips and Falls
• Product Liability
• Dog Bites

If you have been seriously injured by someone else’s negligence, you should consult an experienced personal injury attorney who can accurately assess whether you have a claim and help you to proceed with the appropriate next steps. Salvi, Schostok & Pritchard P.C. handles cases in Chicago, Aurora, IL, Lake County, Cook County, IL, Joliet, IL, Naperville, IL, Waukegan, IL, Rockford, IL, Rock County, Greene County, IL and throughout Illinois.

The first thing you should do is to obtain prompt medical treatment for your injuries. An attorney can help protect your legal rights, but medical care must be your first priority. Once you have received medical attention, there are several steps you can take in order to make the process of filing a claim easier:

Write down as much as you can about the accident - list your injuries and any other losses you have suffered as a result.

Document any conversations that you have with people involved in the accident or the injury claim.

Photograph the accident scene as soon as possible. Try to include the scene of the accident from all angles, the surrounding area, your injuries, and any property damage.

Obtain the names, addresses, and phone numbers of all potential witnesses of the accident.

Contact an experienced personal injury attorney.

You may still have a personal injury claim even if an accident or injury was partially your fault – this is known as the concept of Contributory Negligence or Comparative Negligence.

Contributory negligence occurs when your actions only contributed to the accident, they were not solely at fault. This happens if you failed to exercise due care and that failure, along with someone else’s negligence, contributed to your injury. Under comparative negligence, each person involved is held accountable for the amount of damage their negligence caused. So your actions and the actions of anyone else involved are compared to determine how much responsibility each party owes – and then your financial damages are reduced based upon how much fault you bear for the accident.

An experienced personal injury attorney can investigate the circumstances in which you were injured, identify all negligent parties, interview any witnesses, and provide professional advice about your legal options. A lawyer will also help you recover financial compensation for your injuries and obtain payment for your medical expenses.

Many personal injury victims have lost wages and adequate compensation for medical care because they relied solely on the insurance company. Remember that the only person working to protect your best interests is the lawyer you hire – not the insurance company trying to minimize their own damages.

A statute of limitations is a time period within which legal action must be brought. The statute of limitations for filing a personal injury claim varies by state and usually ranges from 1 to 6 years. If legal action is not initiated within the specified time period, you lose the right to make any claims. Different types of personal injuries have different statutes of limitations – in some cases, such as illnesses caused by chemical exposure or medical malpractice, there may be a delay in the discovery of the injury that allows for an extension. You should consult with an experienced personal injury attorney to determine the time period applicable for your type of injury.

Federal and state laws impact the financial compensation a victim can receive for personal injury claims, and they vary according to the type of claim. There are two primary types of damages for a personal injury claim - compensatory damages and punitive damages:

Compensatory Damages are intended to compensate the victim for costs incurred as a result of the injury, such as medical bills, lost wages, pain and suffering, physical, mental/emotional disability and property damage.

Punitive Damages are intended to ‘punish’ the offender, in cases when the defendant's conduct has been especially malicious or oppressive.

In general, a property owner has a duty to protect the public from injury on his or her property. So, if you suffer an injury and can prove that the owner failed to meet that duty, you may have a case. However, the property owner’s responsibility depends on the situation, who was injured, and the state in which the injury occurred.

Some states focus solely on the status of the injured victim – whether you were invited to the property or visited it as an unsolicited sales person or a trespasser. In other states, the condition of the property and the activities of both the visitor and owner are considered to be more important. If the injury victim is a child, the property owner’s responsibility is often greater than if an adult were injured.

Personal injury claims can be very complex – more than one person may be at fault, and more than one law may be involved. If you have a serious injury that you believe was caused someone else’s negligence, you should consult a personal injury attorney for legal advice specific to your case.

Dealing with insurance companies can be intimidating – they may inundate you with a lot of questions and pressure you into accepting a settlement when you’re still trying to recover from your injuries. Remember that the claims adjustor – and the company he or she works for – has an interest that differs from yours. They want to pay you the minimal amount of damages, regardless of how much compensation you may need.

Do not provide a statement, sign any papers or accept a settlement from an insurance company without consulting an attorney first. Insurance companies will often ask you to sign a general release, which prevents you from suing anyone who might be responsible for your injuries – and they will not hesitate to talk you into a settlement before you are completely aware of the extent of your injuries.

A slip and fall action is a personal injury lawsuit filed by someone who has been injured by a slip and fall accident, usually on the defendant's property. An example would be if you slipped on the wet floor of a grocery store and fell, causing an injury. In order to recover any damages, you must show that the property owner was aware of the condition that caused the “slip” and failed to correct it within a reasonable amount of time – and this can be difficult to prove. You should consult an experienced personal injury attorney to determine whether your claim merits legal action.

“Tort” comes from the French word for "wrong” and it means a wrongful act, whether intentional or accidental, which results in an injury to another. Tort law is broken into three categories:

Intentional tort - the defendant knew, or should have known, that injury could occur as a result of his/her actions or inactions.

Negligent tort - the defendant was unaware that an injury could occur as a result of his/her actions; however he/she was not acting in a safe manner.

Strict liability tort - a specific action caused the damages, rather than negligence.