Peoria Personal Injury Attorney
Personal injury is physical injury inflicted on a person’s body, as opposed to property damage or damage to a person’s reputation. A personal injury case is a legal dispute that arises when a person suffers harm in an accident or injury for which someone else may be held legally responsible. Personal injury claims may be resolved through informal settlement or through a civil lawsuit filed with the court.
Serious or catastrophic injuries can have life-altering consequences. When accidents and injuries are caused by the negligence of others, we believe responsible parties should be held accountable for the damage they have caused. At Kanoski Bresney, our Peoria personal injury attorneys have more than 40 years of experience and a successful track record representing people who have been wrongfully injured due to negligence. Contact us as soon as possible for legal assistance with your personal injury claim.
Illinois Personal Injury Resources:
- Why choose Kanoski Bresney?
- Do I have a personal injury claim?
- What type of compensation can I recover in a personal injury claim?
- What is the average personal injury settlement in Peoria?
- How long will it take to settle my personal injury claim?
- How much does a personal injury attorney charge?
- What are the most common personal injury claims?
Why Choose Our Peoria Injury Lawyers?
If you or your loved one has been seriously injured through the negligence or wrongdoing of another, it is in your best interests to consult with an experienced Peoria personal injury attorney from Kanoski Bresney. Technical or legal complexities in a personal injury claim are difficult to navigate. If your injuries are severe or disabling, the stakes are higher, and the other side will fight harder to deny liability or minimize your damages. Our Illinois personal injury law firm has a reputation for:
- We are the largest personal injury law firm in Central Illinois, with 10 attorneys and more than three dozen staff members available to handle your claim.
- We have successfully recovered more than $400 million for our clients.
- We are client-oriented and committed to serving the best interests of the people we represent.
Do I Have a Personal Injury Claim?
The first step in determining whether you have grounds for a personal injury lawsuit is to discern which party or parties caused your situation. Additionally, you must have incurred some tangible or measurable loss to pursue a personal injury claim. It does not matter if another party was negligent; if you did not incur damages, you have no grounds for a personal injury claim.
At Kanoski Bresney, our Peoria injury attorneys offer free consultations to potential new clients. During your consultation, an attorney will review the details of your situation and help you determine your legal options, including your right to pursue a personal injury claim. Many plaintiffs worry about their ability to pay for legal representation out of pocket, and a free consultation provides an opportunity for such a person to learn more about his or her legal position before making a financial commitment for legal representation.
An injury attorney can help an injured person determine if negligence caused his or her damages. Personal injury cases revolve around the legal concept of negligence, or one party’s failure to exercise reasonable care in a given situation. A negligent party bears liability for any and all damages to another party, and the potential recovery from a personal injury claim can be quite substantial.
What Compensation Can I Recover?
The goal of a personal injury lawsuit is to make the plaintiff “whole” again after suffering damages due to another party’s negligence. The plaintiff can claim compensation for measurable economic damages as well as intangible noneconomic damages in some cases. The types of compensation available reflect the plaintiff’s damages and the defendant’s actions.
- Personal injury plaintiffs can claim compensation for any and all immediate and future medical expenses resulting from the defendant’s negligence. This includes hospital bills, surgery fees, long-term care costs, and any other necessary medical expenses resulting from the given situation.
- A personal injury plaintiff can also secure compensation for lost income if a defendant’s negligence and the resulting injuries caused the plaintiff to miss work for an extended time. In the event a severe injury prevents the plaintiff from working at all in the future, the plaintiff may receive compensation for lost future earning potential.
- If a defendant’s negligence also caused damage to the plaintiff’s personal property, the plaintiff can claim repair or replacement costs as economic damages in a personal injury claim.
- Personal injury plaintiffs often receive compensation for their pain and suffering. Expert witnesses may testify to a plaintiff’s physical pain, emotional distress, and psychological anguish to help the jury determine an appropriate figure. Some courts award pain and suffering damages by multiplying a plaintiff’s medical expenses by a certain amount while others award pain and suffering compensation on a per diem system, awarding compensation each day until the plaintiff reaches maximum medical recovery.
- When a defendant engaged in intentionally harmful, criminal, or egregiously negligent behavior and caused injuries to a plaintiff, the jury may award punitive damages to further punish the defendant. Wealthier defendants tend to pay much more in punitive damages.
It is often difficult for plaintiffs to accurately grasp the potential value of their cases. The Peoria personal injury attorneys at Kanoski Bresney can help plaintiffs better understand their rights to recovery and the potential compensation available in their cases.
Average Personal Injury Settlements in Peoria, Illinois
Illinois judges use various benchmarks to determine the total settlement value of personal injury claims. Economic damages like medical expenses and lost income are easier to determine; the plaintiff generally receives full compensation for trackable economic damages.
Intangible damages like pain and suffering are a bit more complex. Typically, a plaintiff must rely on expert witness testimony to secure pain and suffering compensation; the expert can help the jury and judge better understand the full scope of the plaintiff’s experiences. Judges also refer to recent verdicts for similar cases to determine appropriate amounts of compensation for personal injury claims.
Illinois does not cap any damages in personal injury claims; it is up to the discretion of judges and jurors to determine appropriate amounts of compensation. However, Illinois does follow a comparative negligence law. This means a plaintiff could potentially lose a portion of his or her settlement or verdict award if he or she was in any way liable for the damages claimed in the lawsuit.
For example, if a trial reveals a plaintiff was 10% at fault in a $100,000 case, the plaintiff would lose 10% of the award for a net award of $90,000 instead. However, Illinois restricts this at 50%; the plaintiff’s fault cannot exceed the defendant’s fault, otherwise the plaintiff loses the right to recovery.
How Long Will a Personal Injury Case Take to Settle?
The vast majority of personal injury cases never make it to the trial phase. It is almost always in the best interests of all parties involved to settle a personal injury case as soon as possible with a settlement negotiation. If settlement proceeds amicably, a case may resolve within a few weeks. However, more complex cases, cases against large companies, and cases involving multiple defendants or unclear liability can take quite a long time, sometimes several years.
Illinois Statute of Limitations
The Illinois civil court system allows a two-year statute of limitations for personal injury claims. This means a plaintiff has two years starting on the date of an injury to take legal action for that injury. However, some factors may alter the starting time of the statute of limitations.
For example, if a surgical patient suffers an internal injury due to medical malpractice but does not notice adverse symptoms for several weeks or months after the surgery, the statute of limitations would begin on the date the individual discovered the harm, or the date he or she should have discovered the harm with reasonable diligence. If the patient noticed symptoms but did not see a doctor for another month or two after symptoms appeared, the statute of limitations would likely begin on the date he or she noticed the symptoms, not on the date he or she saw a doctor about them and received a diagnosis.
Injury claims against a city or the state government only have a one-year statute of limitations. While technically the statute of limitations for claims against the state is two years, a claimant must file a formal complaint within one year of the date of the injury in question. Pursuing a personal injury claim against any government entity is very different from one against another private party, and plaintiffs must work very quickly and diligently if they intend to take legal action against a government entity. The potential recovery in these cases may be limited as well.
How Much Will My Peoria Injury Attorney Charge?
The assumed high cost of legal counsel unfortunately discourages may potential plaintiffs from seeking legal representation when they need it most. A small injury claim for a few hundred or few thousand dollars may not seem like much to some, but to others such a loss can create serious financial turmoil in the home.
Many personal injury attorneys still use traditional time-based billing systems, billing their clients for all time spent working on their cases and sending their clients periodic invoices throughout a case. However, many personal injury attorneys understand the high cost of legal representation may deter some people from obtaining legal counsel when they truly need it and offer contingency fee billing instead.
With a contingency fee agreement, the client pays no up-front fees or expenses and only pays the attorney’s legal fees if the attorney wins the case. Most injury attorneys who operate with contingency fee agreements choose a set percentage of the final settlement or case award to take as legal fees.
For example, an attorney may charge a 30% contingency fee, taking 30% of the client’s case award as payment upon successful completion of the case. While this may seem high, contingency fee billing guarantees the client must only part with a portion of his or her case award and only if the attorney wins. An attorney takes a significant amount of risk by representing a client under a contingency fee.
Types of Personal Injury Matters We Handle
Our Peoria personal injury attorneys have decades of experience representing injured people in both trials and settlement negotiations. We have recovered significant settlements and awards for our clients in injury matters including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Workplace accidents
- Medical malpractice
- Dog bites
- Child injuries
- Dangerous and defective product injuries
- Construction accidents
- Farm accidents
- Slip and fall accidents
- Nursing home abuse
Types of Injuries We Handle
Personal injury claims may involve complex legal and medical issues. Our injury lawyers in Peoria have extensive experience representing clients in a wide range of personal injury matters, including catastrophic injury cases involving:
- Traumatic brain injury
- Spinal cord injuries
- Paraplegia and quadriplegia
- Severe burns
- Internal organ damage
- Wrongful death
Contact Our Peoria Office Today
At Kanoski Bresney in Peoria, Illinois, we fight tirelessly for our seriously injured clients. We work hard to help our clients recover the compensation they need and deserve for a lifetime of medical care, lost wages, lost earning capacity, pain and suffering, emotional distress, and loss of quality of life. Call a dedicated Peoria personal injury attorney at Kansoki Brensey as soon as possible for a free consultation if you or your loved one has been hurt through the negligence or wrongdoing of another.