If you are injured in an accident caused by someone else, you can recover damages for your pain and suffering. However, what exactly constitutes compensable pain and suffering? An Illinois lawyer can help you determine if you have a case for your specific situation. The following is what may qualify you for damages in this state.

Physical Pain

Any physical pain stemming from crash-related injuries qualifies for damages. This includes pain from initial trauma, hospital stays, surgeries, procedures, and medical treatments. Compensation depends on the pain's severity, duration, and impact on daily functioning. Keeping detailed records helps establish this. Documenting pain levels frequently using a scale of 1-10 can demonstrate severity over time.

Mental Suffering

Accident victims can receive damages for related mental suffering. This includes negative emotions from injuries, like depression, anxiety, fear, sadness, and anger. Working with a therapist can validate these mental health impacts for court. Keep notes on days when mental distress makes even simple tasks difficult.

If you have suffered an injury in an accident in Illinois, you may be wondering how long you have to file a lawsuit to seek compensation for your injuries and damages. This is an important consideration, as failing to take legal action with an Illinois personal injury lawyer within the specified time limits can result in forfeiting your right to recover anything. Understanding Illinois’ statute of limitations for personal injury claims is crucial.

What is the statute of limitations in Illinois?

Illinois law sets time limits, known as the statute of limitations, for filing different types of civil lawsuits. For personal injury claims, the statute of limitations in Illinois is two years from the exact day of the accident or injury. This means that you have two years from when your injury occurred to file a lawsuit against the responsible parties.

The two-year limit applies to most accident and injury claims in Illinois, including:

If you file a personal injury lawsuit in Illinois, you will likely have to participate in a deposition with your lawyer - a recorded interview under oath. Being prepared for what to expect during a deposition is crucial for successfully pursuing your injury claim.

Purpose of the Deposition

The deposition allows the other party’s attorney to ask you questions about your lawsuit claims, medical history, and other aspects related to the accident and injuries. Your testimony is given under oath and recorded by a court reporter to be potentially used later if the case proceeds to trial.

Location and Scheduling

Depositions usually take place at the defending attorney’s office. Your lawyer will coordinate scheduling, but the other party generally sets the date and time. Multiple depositions often occur over the course of an injury lawsuit.

Settling a personal injury claim involves more than agreeing to a total dollar amount. Understanding how the settlement funds are paid out, liens are addressed, and legal fees are deducted is essential. This article provides an overview of what happens after a settlement is reached so injury victims know what to expect.

The Basic Settlement Payment Process

Typically, the responsible party's insurance provider will issue a payment after reaching a resolution in an Illinois personal injury case, whether through settlement or a court judgment. This payment, made in the form of a check, will be for the entire settlement amount and payable to the plaintiff and their attorney.

The plaintiff’s attorney will deposit the check into a secure trust account. After deducting their agreed-upon attorney's fees and case-related expenses, the lawyer will promptly distribute the remaining sum to the plaintiff.

Individuals who have developed asbestos-related medical conditions due to occupational asbestos exposure that occurred within the state of Illinois may be eligible to file a claim for workers' compensation benefits. Here are the legally recommended steps:

Receive an Official Asbestos Disease Diagnosis

To ensure accurate diagnosis and establish a potential connection to workplace exposure, it is highly recommended to schedule an appointment with a certified pulmonologist or an occupational respiratory illness specialist. They will conduct a series of comprehensive tests and examinations specifically tailored to asbestos-related conditions. Remember to retain copies of all test results and medical reports for future reference and documentation purposes. 

Document Workplace Exposure Details

Create comprehensive and detailed documentation that encompasses all circumstances related to asbestos exposure within your workplace. This should include a thorough description of job duties performed in the presence of asbestos, the specific timeframe of exposure, identification of asbestos sources, any instances of lacking safety equipment, and any other relevant details.