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About Personal Injury Lawsuits
Call: (312) 609-0400
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You’ve probably heard the phrase “personal injury” and that Illinois law allows you to recover compensation for being injured.
But do you understand your rights?
Read on for the knowledge of how and when to help yourself, or a loved one, should injury occur.
What constitutes an “injury”?
Any harm you suffer to your body and any emotional or
psychological trauma. Someone else must be to blame.
This means that a person, business, or organization must have
been careless or negligent, and you were injured as a result.
How much does it cost?
Lawyers work on a contingent-free basis meaning they are paid a percentage of money recovered from trial or settlement. Our firm pays for the expenses necessary to prosecute your claim, and we are reimbursed only if we are successful.
What can I get?
You can be compensated for medical bills, pain and suffering, lost income from having to miss work, willful misconduct, wrongful death, or vehicle repair costs.
What types of injuries are eligible?
 Struck by a hit-and-run or uninsured driver  Struck by a car as a pedestrian or cyclist  Nursing home abuse or neglect  Fall due to debris or defect while walking  Loss of spouse or relative to wrongful death  Dog bite or attack  Medical error by hospital or doctor  Injured by another contractor on jobsite  Truck collision  Defective machinery or equipment |
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil claim filed by an injured person against a person, business, property owner, driver, medical provider, or other party whose negligence caused harm. The goal is not to punish every accident. The goal is to recover compensation when someone else’s careless conduct caused injuries, financial losses, pain, or death.
Negligence
Most personal injury cases start with negligence. This means someone failed to act with reasonable care under the circumstances.
Causation
The injured person must connect the careless act to the injury. It is not enough that someone acted badly; that conduct must have caused real harm.
Damages
Damages are the losses caused by the injury, including medical bills, lost income, pain and suffering, disability, property damage, or wrongful death losses.
What Must Be Proven in a Personal Injury Case?
Every case is different, but most injury claims require proof of responsibility, proof of injury, and proof that the damages were caused by the incident. Insurance companies often challenge one or more of these points.
| Element | What It Means | Examples of Helpful Evidence |
|---|---|---|
| Duty of care | The other party had a legal obligation to act reasonably, such as driving safely, maintaining a property, or following safety rules. | Police reports, safety policies, traffic laws, maintenance records, witness statements, photos, and video footage. |
| Breach of duty | The other party failed to meet that obligation by acting carelessly, recklessly, or failing to correct a dangerous condition. | Crash photos, incident reports, inspection records, surveillance video, phone records, employment records, or expert analysis. |
| Causation | The careless conduct caused or contributed to the injury. This is often disputed when there are prior injuries or delayed symptoms. | Medical records, imaging, diagnosis records, treatment timelines, doctor notes, and before-and-after witness statements. |
| Damages | The injury caused losses that can be documented and valued. | Medical bills, wage records, repair estimates, prescriptions, therapy notes, work restrictions, and proof of future care needs. |
Common Personal Injury Cases in Illinois
Personal injury law covers many situations where a person is hurt because another person or business failed to act safely. Some claims involve insurance negotiations only. Others require litigation, expert witnesses, and trial preparation.
| Case Type | What Usually Has to Be Investigated | Related Practice Area |
|---|---|---|
| Car accidents | Driver fault, crash impact, insurance coverage, vehicle damage, medical treatment, and whether the injuries match the collision. | Car Accident Lawyer in Chicago |
| Truck accidents | Driver logs, company safety practices, maintenance records, cargo issues, black box data, and commercial insurance coverage. | Truck Accident Claims |
| Motorcycle accidents | Driver visibility, lane changes, road conditions, helmet use, injury severity, and insurance company bias against riders. | Motorcycle Accident Lawyer |
| Pedestrian accidents | Crosswalks, traffic signals, driver distraction, speed, lighting, visibility, and the pedestrian’s injuries. | Pedestrian Accident Claims |
| Bicycle accidents | Driver conduct, bike lane use, road hazards, visibility, intersection design, and injury documentation. | Bicycle Accident Lawyer |
| Rideshare accidents | Whether the driver was logged into the app, which insurance policy applies, and whether Uber, Lyft, or another insurer is involved. | Rideshare Accident Lawyer |
| Medical malpractice | Whether the provider violated the standard of care, whether expert review is needed, and whether the mistake caused injury. | Chicago Medical Malpractice Attorney |
| Wrongful death | How the death occurred, who may bring the claim, financial dependency, funeral expenses, and the losses suffered by surviving family members. | Wrongful Death Lawyer |
What Damages Can Be Recovered After an Injury?
The value of a personal injury case depends on the facts. A claim involving a short recovery and limited medical treatment will be evaluated differently than a claim involving surgery, permanent disability, brain injury, spinal cord injury, or death.
Economic Damages
Economic damages are financial losses that can often be supported with bills, statements, receipts, and employment records.
Examples: emergency care, surgery, physical therapy, prescription costs, future medical care, lost wages, reduced earning capacity, and vehicle repair costs.
Non-Economic Damages
Non-economic damages compensate for the human impact of an injury, not just the invoices connected to it.
Examples: pain and suffering, emotional distress, loss of normal life, disfigurement, disability, and loss of companionship in fatal cases.
Deadlines and Fault Rules Matter
Illinois injury cases are affected by filing deadlines and comparative fault rules. In many personal injury cases, Illinois law gives an injured person two years to file a lawsuit, but exceptions and shorter deadlines may apply depending on the defendant and type of claim.
| Issue | What It Means | Why It Matters |
|---|---|---|
| Statute of limitations | Many Illinois personal injury lawsuits must be filed within two years of the injury or when the claim accrues. | Waiting too long can prevent you from filing a lawsuit, even if the injury was serious. |
| Comparative fault | If you are partly at fault, your recovery may be reduced by your percentage of fault. | Insurance companies may try to shift blame to reduce the value of the claim. |
| More than 50% fault | Under Illinois’ modified comparative negligence rule, recovery may be barred if the injured person is found more than 50% responsible. | Fault disputes can decide whether a case has value, especially in vehicle, pedestrian, bicycle, and premises cases. |
| Government or public entity claims | Claims involving public entities can involve special rules, notice issues, and shorter practical timelines. | These cases should be reviewed quickly so important deadlines are not missed. |
Steps to Protect a Personal Injury Claim
What you do in the days and weeks after an injury can affect the strength of your case. The goal is to get medical care, preserve evidence, avoid mistakes, and create a clear record of what happened.
Get medical care quickly
Prompt medical treatment protects your health and helps document the connection between the incident and your injuries.
Report the incident
Call police after a crash, report a fall to the property owner, notify a supervisor after a workplace injury, or document the incident in writing when appropriate.
Preserve photos and video
Take photos of vehicles, injuries, hazards, lighting, weather, road conditions, property defects, and anything else that may change later.
Save all documents
Keep medical bills, discharge papers, prescriptions, imaging reports, therapy records, work notes, repair estimates, and insurance letters.
Avoid giving recorded statements too early
Insurance adjusters may ask questions designed to limit your claim. Speak with a lawyer before giving a recorded statement if you are unsure.
Talk to a lawyer before settling
Once a release is signed, the claim is usually over. Make sure future medical care, lost wages, pain, and long-term consequences are considered first.
Why Personal Injury Claims Become Disputed
Many people assume that if the other party was at fault, the insurance company will simply pay a fair amount. In reality, insurers often look for reasons to deny, delay, or reduce claims.
| Insurance Argument | What It Usually Means | How a Claim Can Be Strengthened |
|---|---|---|
| “You were partly at fault.” | The insurer is trying to reduce payment by assigning some blame to you. | Use police reports, photos, video, witness statements, and expert analysis to address fault. |
| “You were not really hurt.” | The insurer may argue the injury was minor, unrelated, or exaggerated. | Use medical records, consistent treatment, imaging, doctor opinions, and symptom documentation. |
| “You had a pre-existing condition.” | The insurer may claim the incident did not cause the injury. | Show how the incident worsened symptoms, caused new limitations, or required new treatment. |
| “Your treatment was too much.” | The insurer may attack the cost, length, or type of medical care. | Use provider records, referrals, treatment plans, and medical explanations for the care received. |
| “Settle now.” | A quick offer may come before the full extent of the injury is known. | Do not settle until the medical picture, future care needs, and wage losses are understood. |
Personal Injury Practice Areas
These pages explain common types of injury claims handled by Strom Yen Injury Attorneys.
Frequently Asked Questions About Personal Injury Lawsuits
What is considered a personal injury case?
A personal injury case is a civil claim involving physical, emotional, or financial harm caused by another person’s negligence or wrongful conduct. Common examples include car accidents, truck accidents, motorcycle crashes, pedestrian injuries, bicycle accidents, medical malpractice, and wrongful death claims.
Do I need to prove someone was negligent?
In most personal injury cases, yes. You generally need to show that another party owed a duty of care, failed to act reasonably, and caused your injury as a result. Some cases may involve additional legal theories, but negligence is the foundation of many injury claims.
How long do I have to file a personal injury lawsuit in Illinois?
Many Illinois personal injury lawsuits must be filed within two years, but deadlines can vary depending on the type of case, the defendant, and the facts. Claims involving government entities, medical malpractice, minors, or delayed discovery can raise additional issues, so it is important to speak with a lawyer quickly.
What compensation can I recover after an injury?
Compensation may include medical bills, future medical care, lost wages, reduced earning ability, pain and suffering, disability, disfigurement, property damage, and wrongful death damages when the injury is fatal.
Can I still recover money if I was partly at fault?
Possibly. Illinois uses a modified comparative negligence rule. If you are partly at fault, your recovery may be reduced by your share of fault. If you are found more than 50% responsible, you may be barred from recovery.
How much does it cost to hire a personal injury lawyer?
Many personal injury lawyers work on a contingency fee basis, meaning the attorney’s fee is paid from a settlement or verdict. If there is no recovery, the client typically does not owe attorney’s fees. The specific fee agreement should be reviewed before representation begins.
Should I talk to the insurance adjuster?
You should be careful before giving a recorded statement, signing forms, or accepting a settlement. Insurance adjusters may ask questions that affect fault, injury causation, or the value of your claim. A lawyer can help you understand what information should and should not be provided.
What should I bring to a personal injury consultation?
Bring police reports, incident reports, photos, videos, witness information, medical records, bills, insurance letters, pay stubs, repair estimates, and any written timeline of what happened.
Questions About a Personal Injury Lawsuit?
If you were injured in an accident or lost a loved one because of another person’s negligence, Strom Yen Injury Attorneys can review what happened, explain your options, and help you understand the next steps.
Call: (312) 609-0400
or fill out the Contact Form
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