4 Elements of a Strong Personal Injury Case in Illinois
September 05, 2021
Submitted by Kanoski Bresney Law Firm
Though accidents happen every day, some are more severe than others. In most cases, common mistakes are waived by providing a simple apology. However, some incidents are caused by individuals who might not even be aware of how they contributed to your accident. Instances of negligence, though not intentional in nature, can cause immense damage to those that fall victim to them.
When pursuing legal recourse against the entity that caused your damage, your case must fit the following criteria:
What Makes a Strong Personal Injury Case?
- The defendant owed you a duty of care by preventing unsafe environments and/or conditions while acting. This applies to all individuals, like product manufacturers, service providers, employers, dog walkers, and car drivers.
- The defendant did not fulfill their duty of care. This is typically the result of some form of negligence and/or recklessness.
- The defendant’s breach in duty directly caused the accident that injured the plaintiff. Injuries must be identifiable in some way, even in emotional trauma-based cases.
When considering the viability of your personal injury lawsuit, several different factors play a crucial role.
Grounds for Filing
This might seem like common knowledge, but many claimants do not truly take the time to consider what it means to press charges. Some individuals seeking to receive compensation might quickly point the finger at a third-party for causing an accident before determining if they were really to blame. If you press charges against an entity that only possesses a small, insignificant portion of blame, you are not setting yourself up for success. A skilled attorney will tell you if you truly have grounds to file before you waste your time and money on an ultimately fruitless endeavor.
Alternatively, if you know that a third-party is undeniably to blame for your injuries, you likely have a solid case on your hands as long as you gather your evidence while it’s fresh.
Some individuals take a long time to decide whether they want to press charges. Strong cases involve claimants that understand the importance of seeing a doctor, documenting their wounds, and gathering alternative evidence.
In Illinois, the statute of limitations for filing a personal injury claim is two years, though by no means does this mean you should wait until the last month to file. Evidence goes stale or gets tampered with, potential eyewitnesses can move, and your own recollection of the incident could be fuzzy.
Expert testimony and eyewitness testimony strengthen your case by pulling in neutral, third-party individuals. Expert witnesses, like doctors, can verify that certain injuries were caused by the accident based on their characteristics. Police reports also count as a form of expert testimony that can support your own statements when providing evidence for investigation.
Witness testimony provides a neutral account of the incident. Having a third-party to share what they saw or experienced can be helpful because your claim is much more reliable if even uninvolved individuals can give a similar account of the situation.
Moderate to Severe Injuries
The extent of your injuries does play a significant role in your case. In some ways, this factor contributes to the first factor of having valid grounds for filing. Though individuals that sustain mild injury can file for a claim, your case won’t be as strong as it would be if you had sustained moderate-to-severe injuries like broken bones.
Personal injury lawsuits are meant to recover compensation for damages that have significantly impacted a claimant’s life. If an individual files a claim for some scrapes and bruises after a neighbor’s dog bumps them over while running off-leash, their case would be markedly less powerful than if they had broken an ankle.
Building a strong personal injury case is impacted by your accident’s details. Sometimes, eyewitnesses aren’t available. And maybe you only fractured your arm instead of suffering a severe break or amputation. Even acting quickly can be delayed if you require extensive treatment before being able to file. Though these factors create a strong case, they are not always present. Regardless of your specific accident, working with an experienced attorney will always ensure that your case is as strong as it possibly could be.
For more information on any type of personal injury or to schedule a free consultation, contact Kanoski Bresney law firm at 888-826-8682. They are the largest personal injury law firm located within central Illinois and they have the resources to handle any type of injury claim anywhere in the state including McLean County, Sangamon County, Adams County, Champaign County, Schuyler County, Peoria County, Macomb, Macon County, Quincy, Bloomington, Tazewell County, Champaign, Decatur, McDonough County, Pekin, Springfield, Peoria, and Rushville. Their experience helps ensure that their clients get the respect, response, and results® they deserve. They will evaluate your case and work to determine what your next steps should be moving forward.
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