When accidents happen, there are only two potential people to blame: You or someone else. If it is clear that someone else caused the accident, it becomes a matter of tort law.
This is a personal injury claim that entitles you, the victim of the accident, to seek compensation for all the losses connected to that accident. The guiding principle for a personal injury claim is that you should not have to pay for injuries or damage due to an accident that wasn’t your fault.
Locking down that compensation isn’t guaranteed. You’ll be going up against an insurance company that is dedicated to limiting its exposure in any way it can. Your claim might also involve taking on large corporations or property owners with a legion of lawyers.
If this sounds intimidating, it’s because it is. The hope is that you’ll back down from your claim or accept a low-ball settlement that doesn’t come close to covering your losses because “that’s your best offer.” The Thomas Law Offices won’t let that happen. Our Chicago personal injury lawyer is ready to fight for you.
When you hear the words “personal injury,” you might think “car accident.” While car accidents are some of the most common types of personal injury claims, our firm also helps with a wide range of case types, including the following:
You have enough on your plate. Get a free case evaluation and clear answers from our experienced attorneys today — we’ll take it from here.
Thomas Law Offices is a law firm of 21 attorneys and an extensive support team that has been helping Chicago accident victims since 2011. We act with honesty and transparency in the pursuit of justice and accountability on behalf of our clients.
We know the struggle to recover from an accident is real. You could be dealing with surgery, hospitalization, physical therapy, and lost wages. You might need to repair or replace the family car. It’s a lot. That is why we’re dedicated to finding a fast and fair resolution for our clients, built on hard work and disciplined preparation.
We only take on cases we’re confident we can win, and our growing list of successful outcomes demonstrates that we get the job done.
The moment an accident occurs, the clock starts ticking. There is a proper claims process to follow that can help fortify your chances of achieving the maximum benefits you’re entitled to.
In an injury-causing accident, your health is the priority. You need to see a doctor immediately.
Even if you were able to “walk away” from the accident, there are many injuries that won’t manifest for hours or days after the incident. It is vital that you document every interaction you have with a medical professional. That includes your treatment plan and prognosis.
It is also important to document your pain levels, the time you missed work, and how those injuries have affected your ability to enjoy life.
A personal injury begins with two versions of the accident. In order for your version to prevail, you need evidence. That evidence includes the following:
Car repair or replacement estimates
Illinois follows a strict two-year statute of limitations. That means you have exactly two years from the date of the injury to officially file a lawsuit. Before you file a lawsuit, you’ll have to go through the entire insurance claim process.
In other words, you can’t sue an insurance company until you’ve given them the chance to do right by you. That is why you want to get the Thomas Law Offices involved early on.
We can help with the initial insurance filing. We’ll also be able to collect evidence you might not have easy access to. When we agree to work with you, we become your advocate from start to finish. That means taking over all communications with the insurance company.
While we pursue a settlement, you can focus on getting better.
One of the most important services the Thomas Law Offices provides is calculating a fair settlement. Before that calculation can be finalized, you need to reach Maximum Medical Improvement (MMI). This is the point at which your condition has stabilized, and your doctors know the extent of your recovery.
At that point, you’ll either be fully healed or require long-term care. That will impact what you’re asking for in your settlement.
Once you reach MMI, we will create a demand letter to send to the at-fault party’s insurance carrier. This will include all the collected evidence, and the amount you’re seeking to cover your current and future damages.
Upon receipt of the demand letter, negotiations will begin. The insurance company will conduct its investigation and reach its own conclusions.
That will result in approval, denial, or a lower-value settlement.
If we reach an impasse with the insurance company, we might suggest filing a civil complaint. That will mean filing a lawsuit in the Cook County Circuit Court. Although this will slow down the process, it might be the best option for you to recover what you’re due.
Illinois follows a modified comparative negligence doctrine that can have a direct impact on your personal injury claim. That allows you to recover compensation for an accident claim if you are 50% or less at fault. If you are found to be partially at fault, that percentage of fault will be deducted from the final settlement.
While this doctrine helps protect your claim, it also provides the insurance company with motivation to shift a portion of the blame to you. They’ll consider it a success if they can reduce the settlement by even 10%.
That’s why you need to present the strongest possible case.
When you’ve been injured due to someone else’s negligence, you are likely facing financial stress, emotional challenges, and a whole new set of obstacles in your daily life. The good news is that Illinois law allows victims like you to seek the following compensation to ease these burdens and help you rebuild.
Economic damages are meant to cover the direct financial losses you’ve experienced because of your injury. This includes expenses like medical bills for hospital visits, surgeries, or physical therapy. It also includes income you have lost if you’ve been unable to work.
If your injury has a long-term impact on your ability to earn a living, you can also seek compensation for future lost wages. Even property damage, like a wrecked car in an accident, can be included.
Non-economic damages address the emotional toll of your injury. These damages cover pain and suffering, the anxiety or depression you may feel, and even the loss of joy in activities you once loved. They are about acknowledging the ways your life has been disrupted in ways that cannot be easily measured.
In some cases, where the wrongdoing is especially reckless or intentional, you might also be entitled to punitive damages. These are ways to hold the wrongdoer accountable and prevent others from suffering the same harm.
At Thomas Law Offices, we will ensure you receive the just compensation for your injuries.
If we agree that filing a civil complaint is the only way to secure the compensation you’re entitled to, that would mean filing the lawsuit in the Circuit Court of Cook County. Once you file a complaint, it will trigger a response from the courts and the newly named defendants.
You also have to follow the proper procedures in order to prevail in your case.
Here’s what that looks like:
Cook County utilizes a Uniform Case Management System. This means that Non-complex cases, such as car accidents or slip-and-falls, are placed on a Category 1 track. These cases require all discovery and dispositive motions to be resolved within 15 months of filing.
Complex cases are placed on a Category 2 track and have a 25-month limit on discovery and motions. If you fail to meet the court-ordered deadlines, you may face severe penalties or have evidence barred.
Illinois is a “fact pleading” state. That means your personal injury complaint must explicitly set out the specific facts that detail the defendant’s duty, breach, and causation.
Those are the primary elements that establish negligence.
Once a lawsuit is filed, it will be assigned a judge. Before the judge sets a trial date, they might mandate mandatory mediation. That will mean that both parties will present their cases to an independent mediator, who will offer a non-binding settlement proposal.
The goal is to resolve your issues before going through the trial. If you disagree with the mediator’s proposal, you can still proceed to the trial.
Cook County juries have a reputation for being favorable towards plaintiffs. That can result in a higher settlement. However, this court system is extremely busy. After filing, you might not be able to have your trial scheduled for 18 to 24 months.
The attorneys at the Thomas Law Offices have decades of combined experience with the Cook County court system. We know the judges and the procedures. We also pride ourselves on selecting the right juries who will be sympathetic to our client’s claim.
Not necessarily. Initial settlement offers are often made before the full extent of your injuries are known. Before accepting any offer, it is wise to understand what the long-term financial impact of your injuries might be. For instance, will you need ongoing physical therapy? Will you be able to return to work? A skilled attorney can help you make an accurate calculation of what you’re due.
Yes. If an accident worsened an existing injury or medical condition, you may still be entitled to compensation. The at-fault party can be held responsible for the additional harm caused by their negligence.
You may have additional options depending on the circumstances of the accident. In some cases, multiple parties may share liability. That is often the case in accidents involving commercial vehicles where the company who hired the driver might be found partially to blame. or other insurance policies may provide coverage for your losses.
Generally, compensation for physical injuries and related medical expenses is not taxable under federal law. However, certain portions of a settlement, such as punitive damages or interest, may be subject to taxation, so it is important to discuss your situation with a tax professional.
Insurance companies and defense attorneys often review social media accounts for evidence they can use against claimants. Photos, comments, or posts taken out of context may be used to challenge the severity of your injuries or your version of events, so it is best to be cautious about what you share while a claim is pending.
Most personal injury claims are settled through negotiations before reaching trial. However, if the insurance company refuses to offer fair compensation, filing a lawsuit and taking the case to court may be the most viable option to protect your rights and ensure that you get the money you deserve.
A quick Internet search for personal injury law firms in Chicago will provide you with hundreds of options, but we’re confident that when you review the qualifications and accomplishments of Thomas Law Offices, your choice will be clear.
Our team has a proven track record of successfully handling numerous personal injury cases and securing substantial settlements and verdicts for our clients.
We pride ourselves on our client-centered approach. Our goal is to provide you with open communication and personalized attention. We want to make sure that you feel supported every step of the way.
When you work with us, you can count on our experience and skills.
Our attorneys have extensive knowledge of Illinois personal injury law and understand what it takes to secure the compensation you deserve.
If you’ve been hurt because of someone else’s carelessness, you have options for seeking a remedy. Don’t let fear or uncertainty keep you from getting the help you need. Contact our Chicago personal injury lawyer today and let us be your trusted partner.
Set up a consultation today.
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Have You Been Injured? We're Ready to Fight for You.
