A sudden injury causes more than just physical pain and damage. Many who are hurt in an unforeseen accident also experience emotional, financial and professional damage that cannot be easily fixed. The devastation can affect every area of life; a fact made more frustrating when the injury was caused by someone else’s negligence.
If you have been injured by another’s careless actions in the Joliet area, you deserve to be fairly compensated for the damages incurred as a result. The personal injury lawyers of Briskman, Briskman & Greenberg are ready to fight for the rights of the injured. For more than 30 years Briskman, Briskman & Greenberg’s motto of “we’re on your side” has always guided the way we do business and work for our clients.
We pride ourselves on offering our clients the personalized service they deserve. We understand that each of our cases are personal and treat them as such. When you have our team of dedicated injury advocates on your side you can rest assured that you are in the best hands.
Types of Personal Injury Cases
“Personal injury” refers to an accident that results in physical, mental and other harm which was caused by the negligent actions (or inactions) of another party. Many types of personal injury cases exist along with countless minutia within each category.
Briskman, Briskman & Greenberg represents clients in personal injury cases involving:
• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Pedestrian and Bicycle Accidents
• Wrongful Death Cases
• Medical Malpractice
• Nursing Home Abuse and Neglect
• Slip-and-Fall Accidents
• Product Liability
• Unsafe Premises
• Workplace Accidents
Potential Damages in Personal Injury Cases
The law allows for compensation in a personal injury case to cover the various damages sustained in the accident. These are classified as special damages and general damages.
Special damages include:
• Medical expenses
• Lost income
• Lost benefits
• Lost earning potential
• Property damage
General damages include:
• Pain and suffering
• Emotional distress
• Loss of consortium—the loss of companionship or intimacy shared by spouses or partners
• Quality of life
It is important to remember that although general damages may be harder to quantify, they are no less important or valid. The severity of injuries and their effect on your life will influence the amount you are able to receive, such as when a person has been permanently disabled or disfigured. A qualified personal injury attorney can help you determine your case’s full worth.
Illinois Personal Injury Laws
Illinois follows a comparative fault rule. This means that in some cases the injured person could also share some liability for their own injury. This affects the amount of compensation received by the injured person in their lawsuit. Comparative fault is sometimes also used by insurance companies when determining the amount of money a person should receive in a settlement.
For example, the plaintiff in a personal injury case was shopping when they slipped in unmarked standing water on the floor and then were badly hurt in the fall. They file a claim against the owner of the store, who shows security footage of the plaintiff looking at their phone while walking right before they encountered the puddle. The court might look at this evidence and assign a percentage of shared responsibility to the plaintiff.
If the plaintiff shares 20 percent of the liability in this case and they are awarded $100,000 for damages, the amount they receive will be reduced by 20 percent. In this case, the plaintiff would receive $80,000. When the amount of shared liability assigned to the plaintiff is fifty percent or more, an Illinois court will not allow them to collect any damages in the case.
How Long Do I Have to File a Personal Injury Claim?
Illinois grants two years from the date of the injury to file a personal injury claim in general. In cases where the harm was not discovered immediately, the statute of limitations begins upon the date of discovery of the injury. Claims against an Illinois city, county or state government agency must be filed within one year of the injury.
Statute of limitation laws refer to the amount of time a person has to file a lawsuit. After this deadline has expired the injured person can no longer sue for damages related to the injury. It is important to consult an experienced Illinois personal injury attorney regarding your case and your right to recover compensation in a lawsuit as soon as you can after the injury.
A claim must only be filed within the two-year statute of limitations, not decided. While this seems like plenty of time to act, do not delay starting your case. Work must be done before filing that will help prove that someone else’s negligence contributed to your injury. This process is essential to success and fair compensation and needs as much time and attention as possible.
In order to determine who is legally responsible for damages, it must be shown that someone else’s negligence contributed to the injury. This is done by proving that:
• they owed the injured person a duty.
• the duty was breached.
• this breach of duty caused or contributed to the injury and without it the person would not be hurt.
Going farther, a successful personal injury case also must show that:
• the injury caused damages.
• the complaint is based on the claim of negligence of the defendant.
A personal injury lawyer will examine all available evidence to uncover all potentially liable parties and theories of liability, and gather the evidence needed to support them. They may need to secure and review medical records, physical evidence like security footage, witness accounts and even expert testimony to prove that the negligence of another person or entity caused the injury.
How Can a Personal Injury Attorney Help?
With a personal injury lawyer on your side, the playing field is leveled. Insurance companies especially take advantage of the vulnerability of accident victims and use their inexperience with the law against them. An attorney keeps them from treating you this way.
Injury victims who get their own lawyer fare better than those who do not. Personal injury claims are easily derailed by small mistakes, such as missing a deadline or saying the wrong thing and having it be used against you to reduce your compensation. A personal injury lawyer protects you from making them. They also can accurately value your case, keeping you from being offered less money than you deserve.
Most importantly, a personal injury attorney handles all the details and work of your case for you. This allows you to focus on what is most important — healing. Extra stress is the last thing one needs after an injury.
The best part is that most personal injury attorneys, including those at Briskman, Briskman & Greenberg work on a contingency fee basis. This means that you will pay them only when they secure your settlement or award. There are no upfront fees and if they do not win, you pay nothing at all. This lets you hire an attorney who can potentially increase your compensation with no financial risk at all.
The Briskman Guarantee
At Briskman, Briskman & Greenberg, we know you have a choice when it comes to selecting a personal injury or workers’ compensation attorney. That is why we have created the Briskman guarantee, which is a six-part promise that we make to each of our clients:
1. You will receive a free consultation with an experienced attorney.
2. Because we do not use call screeners, when you call our office you will speak with an attorney.
3. You will never have to pay a fee unless we can help you obtain compensation for your injuries.
4. We will always treat you with courtesy and respect.
5. We will keep you advised of all significant developments in your case.
6. We will promptly return your calls and emails.
The Briskman guarantee represents our firm’s commitment to our clients and their families. Other firms may claim to put their clients first, but our client testimonials and track record of success speak for themselves.
Joliet Personal Injury Lawyers on Your Side
If you or a loved one has recently been injured or killed in an accident, the dedicated Illinois personal injury lawyers at Briskman, Briskman & Greenberg can help. With over 30 years of experience advocating on behalf of injury victims, we know what it takes to succeed on behalf of our clients. When you invite us to work on your case, we begin working diligently for you and will keep you informed every step of the way.
As a part of the Briskman Guarantee, your initial consultation is free. We work on a contingency fee basis, meaning you only pay us when we are successful in getting compensation for you or your family. To learn more, call 1-877-595-4878 to schedule a free consultation today. Briskman, Briskman & Greenberg has locations in Joliet and Chicago to better serve you.