What is a Personal Injury Lawsuit?
A personal injury lawsuit is a legal dispute when someone gets injured or harmed due to an accident, and another person or entity might be held legally responsible for the harm caused. In such cases, the responsible person’s insurance company will compensate the injured individual, covering medical expenses, pain and suffering, and ongoing medical costs. If the situation involves medical malpractice, your personal injury attorney will handle negotiations with insurance companies and hospital lawyers.
To formalize a personal injury case, you’ll need a personal injury lawyer who will represent you in civil court proceedings. During these sessions, the court aims to determine if others are legally liable for the incident and may issue a judgment accordingly. However, many personal injury disputes are resolved through informal settlements before going to court. The length of the lawsuit can vary, depending on the type of injury and the extent of damages, ranging from a few months to a few years.
There are two likely outcomes for such cases, depending on the circumstances:
- Formal Lawsuit: Unlike criminal cases initiated by the government, a formal personal injury case begins when an individual (the “plaintiff”) files a civil complaint against another person, business, corporation, or government agency (the “defendant”). The complaint alleges that the defendant acted negligently or irresponsibly, leading to an event that caused personal harm and economic damages. This process is known as “filing a lawsuit.”
- Informal Settlement: In reality, most disputes over fault for an accident or injury are settled informally through negotiations between the involved parties, their insurers, and their attorneys. This settlement process typically involves reaching an agreement where both sides agree to forgo further legal action (like filing a lawsuit) and instead resolve the matter by agreeing on a specific amount of compensation.
Types of Belleville Illinois Personal Injury Claims
Personal injury claims encompass many situations, from car accidents and slip-and-fall incidents to workplace injuries. Regardless of the circumstances, our legal team is well-equipped to handle your personal injury claim. We’ll investigate the details, gather evidence, negotiate with insurance companies, and, if necessary, take your case to court. We help ensure you receive fair compensation for your injuries, lost wages, and emotional distress. You can focus on your recovery while we handle the legal complexities. Additional types of cases we take include:
- Motor Vehicle Accidents: Tractor-trailer crashes, car accidents, motorcycle accidents, bicycle accidents, bus accidents, pedestrian accidents, and other accidents involving motor vehicles.
- Defective Vehicle Accidents: Auto defects involving seat belts, airbags, accelerator controls, braking systems, steering components, faulty wiring systems, door latch mechanisms, tires, etc.
- Construction Accidents: These cases include scaffolding accidents, machinery accidents, electrical injuries, being hit by a falling object, and other types of accidents that typically occur on a construction site.
- Premises Liability: Slips, trips, falls, animal attacks, store, mall, restaurant injuries, daycare injuries, etc., fall into this type of case.
- Dog Attacks: Incidents involving a dog bite or attack resulting in injuries.
- Medical Malpractice: Our Belleville personal injury attorneys have a proven track record of representing clients in medical malpractice cases. We’ll collaborate with experts to assess the quality of care and pursue legal action on your behalf. Your health and well-being are our top priorities, and we’re dedicated to helping you seek justice.
- Wrongful Death: Fatalities due to another party’s negligent or willful act.
- Class Actions: Actions for a large group of injured parties, all members of one “class” and treated as one plaintiff.
- Defective Products: You don’t have to bear the burden if a defective product has harmed you. Our legal team specializes in handling product cases. Whether it’s a malfunctioning device or a dangerous pharmaceutical, we have the product liability expertise to hold manufacturers and distributors accountable.
Our attorneys fight hard to ensure you receive total compensation for your injuries. We’ll investigate the circumstances, identify liable parties, and work tirelessly to secure payment for your medical expenses, pain, and suffering.
We seek to negotiate a favorable settlement with the other side and bypass litigation. If the other side is unwilling to be reasonable, we are ready to aggressively advocate for your rights and interests at all state and federal judiciary levels.
How the Statute of Limitations Can Impact Personal Injury Cases
The statute of limitations plays a crucial role in shaping personal injury cases in Missouri and Illinois. It sets a specific time frame for an injured party to file a lawsuit for compensation.
- In Missouri, the statute of limitations for most personal injury cases is five years from the incident date. If a person fails to file a lawsuit within this timeframe, they may lose their right to pursue a claim and obtain compensation for their injuries.
- The standard statute of limitations for personal injury cases in Illinois is two years. Under Illinois statute, the clock begins to run when the injury is sustained.
The impact of the statute of limitations on personal injury cases can be significant. It pressures injured individuals to take prompt action and seek legal representation as soon as possible after the accident or injury occurs. Failing to do so might result in losing the opportunity to hold the responsible parties accountable and receive the compensation they deserve. Additionally, the statute of limitations can affect the availability of crucial evidence and witnesses as time passes, making it more challenging to build a strong case as the years go by.
Are There Exceptions to the Personal Injury Statute of Limitations?
In some instances, there are exceptions to the statute of limitations, known as tolling provisions. For example, if the injured party is a minor, the statute of limitations may be extended, allowing them to file a claim after they reach the age of majority. Individuals involved in personal injury cases in Missouri must be aware of the statute of limitations and its potential impact on their ability to seek justice and fair compensation for their injuries.
Seeking legal advice from an experienced personal injury law firm is crucial in ensuring your rights are protected, and we can pursue your case effectively within the required timeframe. If you are considering pursuing damages for injuries caused by another party’s negligence, there are important deadlines for a personal injury lawsuit to be aware of. Contact our Missouri personal injury attorneys or perform your legal research to verify compliance with state laws.
Personal Injury FAQ
