If you have been injured in an accident caused by another party, you may have the right to seek damages through a personal injury claim. In most cases, hiring an experienced personal injury lawyer is the best way to recover maximum compensation as quickly as possible.
You can schedule a free consultation with a personal injury lawyer in Chicago to discuss your claim. The attorney will listen to your story, answer your questions, and explain your rights.
Determining Whether You Have a Valid Personal Injury Claim
To file a personal injury claim in Chicago, you first need to know whether you have a right to recover compensation. Most personal injury claims are based on negligence. In those cases, you need to know how to establish the elements of negligence. Ask yourself these four questions:
- Did the defendant owe you a duty of care? For example, all motorists owe a duty of care to others to operate their vehicles in a reasonably safe way to avoid harming others.
- Did the defendant breach their duty of care? In the car accident example, did the defendant operate their vehicle in a way that a reasonable driver would not? If the defendant ran through a stop sign because they were distracted by their phone, they likely breached their duty of care to you and others.
- Did the defendant’s breach of duty cause your accident and injuries? The fact that the driver breached their duty is not sufficient. Their breach of duty must be what caused your accident.
- Did you suffer actual damages due to the defendant’s breach of duty? Your damages may be property damage, medical expenses, pain and suffering, or other intangible or tangible losses.
It may seem simple to prove these four elements. However, they are usually heavily contested and can be challenging to prove. An experienced personal injury attorney from Meyers & Flowers can help determine whether these elements exist and can help you prove them.
What Are the Next Steps to File My Chicago Personal Injury Claim?
There are several steps involved in filing a personal injury claim in Chicago, which vary depending on the type of personal injury claim. Some of the most common steps in a successful case include:
- Get immediate medical attention. Even if you do not think your injuries are severe, you should be checked out after an accident. Many serious injuries are not immediately apparent. See your doctor and then follow any treatment plan they prescribe.
- Consult a Chicago personal injury lawyer. Your chances of recovering maximum compensation are significantly greater when an experienced personal injury attorney with a proven record of success represents you.
- Notify the parties involved in writing that you were injured in the accident and intend to file a claim.
- File your claim with the insurance companies.
- Collect your evidence. Insurance companies will not pay the full value of your claim unless you can prove your damages.
- Send a demand letter to the at-fault party’s insurance company. Outline your claim by stating how the accident happened, what your damages are, and your demand for payment of a specific amount of money for your damages.
- Negotiate with the insurance companies. You need to be able to prove the existence and value of your damages to negotiate from a strong position. Decide what amount is your bottom line and work to reach a fair settlement.
- If you cannot reach a fair settlement, file your suit. Most personal injury claims do not go to trial. However, if you and the insurance company are far apart in the amounts you’re willing to settle for, you will need to prove your case at trial.
Each of these steps can be full of pitfalls and challenges. An experienced Chicago personal injury attorney handles these claims daily and can make the claims process much easier for you.
Consult an Experienced Chicago Personal Injury Lawyer
While some injury victims try to file a personal injury claim without the help of an attorney, it is usually unwise to do so. A personal injury attorney can investigate your accident to help identify causation and liability and uncover the evidence to build your strongest case.
They can ensure your damages are accurately valued and work to reach a fair settlement of your claim as quickly as possible. When a fair settlement is not reached, they can take your case to trial to recover the damages you are owed.
The personal injury lawyers at Meyers & Flowers Trial Attorneys have the experience, skills, and resources to handle all aspects of your claim and help you recover maximum compensation for your damages.
Call (630) 895-9554 or visit our contact page to schedule a free consultation to discuss your Chicago personal injury claim.