Frequently Asked Questions of Springfield, Illinois
Holley, Rosen & Beard, Attorneys at Law
The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the personal injury Attorneys of Holley, Rosen & Beard, Attorneys at Law , you can receive a personal consultation regarding your specific legal claim.
- What is Personal Injury?
- What is the time deadline to file a personal injury claim in the State of Illinois?
- What is the time deadline to file a Workers' Compensation claim in the State of Illinois?
- What financial compensation can I recover in a personal injury claim?
- Under what circumstances can a wrongful death occur?
- Who can file a wrongful death lawsuit?
- How do I know if I need an attorney?
- What is a Contingency Fee?
What is Personal Injury?
Personal Injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Illinois. Personal injury often refers to bodily injury and can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:
- Auto Accidents
- Dangerous or Defective Product Injuries
- Motorcycle Accidents
- Boating Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Traumatic Brain Injury
- Birth Injuries
- Wrongful Death
What is the time deadline to file a personal injury claim in the State of Illinois?
The time deadline to file a lawsuit is called the Statute of Limitations. The Statute of Limitations for a personal injury claim in the State of Illinois is two (2) years from the date of the accident. Therefore, an injured party has two years from the date of the accident to file a lawsuit in Circuit Court. If the lawsuit is not filed within two (2) years from the date of the accident, any claim for damages is barred. However, the Statute of Limitations cannot expire on a minor, except the Statute of Repose can expire on a minor in a medical malpractice claim. Consult Holley, Rosen & Beard, Attorneys at Law, for further details
What is the time deadline to file a Workers' Compensation claim in the State of Illinois?
The time deadline to file a Workers' Compensation is also called the Statute of Limitations. The Statute of Limitations to file a Workers' Compensation claim in the State of Illinois is three (3) years from the date of the accident or two (2) years from the date the injured employee last received Workers' Compensation benefits, whichever is later. The Statute of Limitations on a "repetitive trauma" claim can be various dates.
What financial compensation can I recover in a personal injury claim?
Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful, or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:
- Medical malpractice resulting in decedent's death
- Neglect or abuse on the part of a nursing home that results in decedent's death
- Automobile, bus, train, airplane or other common carrier fatality accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
- Death during a supervised activity (sports tournament, field trip, etc.)
Who can file a wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.
How do I know if I need an attorney?
If you have been seriously injured in Springfield, Illinois, or within the surrounding areas of Illinois, and are unsure about the outcome of your injury, consult with an experienced personal injury attorney as soon as possible. Make sure this is done before you give any official statements or sign papers of any kind. State laws require lawsuit filing within a specific period of time. Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries. The personal injury Attorneys of Holley, Rosen & Beard, Attorneys at Law, can advise you on the applicable statute of limitations for your injury case.
What is a Contingency Fee?
A contingency fee is a fee the Attorneys of Holley, Rosen & Beard, Attorneys at Law, use in personal injury cases and is dependent upon the successful resolution of your case. A contingency fee is paid as a percentage of your monetary recovery; typically it is one third of the awarded settlement. A contingency fee refers to the words “there is no fee unless we win your case."
If you or someone you know in Springfield, Illinois, or within the surrounding cities and counties of Illinois, needs the assistance of an experienced personal injury lawyer, please call Holley, Rosen & Beard, Attorneys at Law, today at 1-866-435-1674, or complete the contact form on this site to begin your free consultation with a qualified serious injury attorney.
