Champaign Personal Injury Attorney
Accidents and injuries happen. When they are caused by someone else’s negligence, however, you are entitled to recover compensation for your losses. At Kanoski Bresney in Champaign, Illinois, we focus our practice on representing injured people. We are the largest personal injury law firm in Central Illinois, with 10 attorneys and more than three dozen staff to handle your claim.
Champaign, Illinois Personal Injury Resources:
- Why do I need a personal injury lawyer?
- What do I have to prove in a personal injury claim?
- What compensation can I receive for my damages?
- What is the average injury settlement awarded in Champaign, Illinois?
- How long will my personal injury claim take to settle?
- What are the most common cause of injury?
Why You Need a Champaign Personal Injury Lawyer
If you are pursuing compensation for serious injuries in a personal injury claim, it is in your best interests to have an experienced attorney by your side. Your claim may involve complex medical and legal issues. You claim may be high-stakes because of the severity of your injuries. The insurance company may refuse to settle the matter in good faith.
Why Choose Us?
Our experienced Champaign personal injury lawyers have a reputation for success and the respect of the insurance companies. We can investigate your accident or injuries, determine liability, negotiate with insurance companies on your behalf, and fight for your rights in court to recover the compensation you deserve.
- Our Champaign personal injury attorneys have more than 40 years of experience representing people who have been wrongfully injured through negligence.
- We have recovered more than $400 million for our clients.
- We are a client-oriented firm, committed to serving the best interests of the people we represent.
What Do You Need to Prove in a Personal Injury Claim?
Personal injury involves injury caused by the negligence of another, or the failure to use reasonable care. What “reasonable care” means can vary depending on the circumstances. Generally, it is the level of care that a reasonable person would use under similar circumstance. A party may be liable for injury caused to another through negligent or reckless actions.
The injury suffered by the victim must be caused by, and be a foreseeable result of, the actions of the at-fault party. To receive compensation for injuries caused by the negligence of another, you must prove that:
- The defendant (responsible party) had a duty of care to you.
- The defendant breached that duty.
- That breach of duty was the direct cause of your accident and injuries.
- You have incurred damages as a result of the accident and injuries.
What Compensation is Available in a Personal Injury Claim?
Plaintiffs can recover various types of compensation for their personal injury claims. Damages are either economic or noneconomic in nature. Economic damages are usually easy to establish; the plaintiff must show that damages occurred and provide evidence that the defendant’s negligence caused those damages. Noneconomic damages are trickier and often require expert witness testimony.
- Medical expenses: If a defendant’s negligence caused a physical injury or illness, the plaintiff can claim compensation for any and all medical expenses incurred for treatment. Plaintiffs can claim hospital bills, prescription costs, long-term treatment costs, and all other medical expenses resulting from the defendant’s actions.
- Pain and suffering: Noneconomic damages like physical pain, emotional anguish, and psychological distress resulting from a defendant’s negligence. The amount won typically hinges on the severity of the plaintiff’s physical injuries, the amount of medical expenses those injuries incurred, and past rulings in similar cases. Some courts award pain and suffering compensation based on the amount of time it takes for a plaintiff to reach maximum medical recovery while others award a lump sum based on the plaintiff’s amount of medical expenses.
- Lost income: In the event a plaintiff can no longer work due to his or her injuries, an expert witness may be able to help determine the plaintiff’s lost future earnings as well.
- Damaged or destroyed property: The plaintiff can claim repair or replacement costs in this personal injury lawsuit.
- Punitive damages: If the defendant engaged in grossly negligent behavior, committed an intentional tort against a plaintiff, or engaged in criminal activity that led to a plaintiff’s injuries they can be subjected to punitive damages.
Average Personal Injury Settlements in Champaign, Illinois
There is no hard and fast method of predicting the overall value of a personal injury claim in Illinois. Judges typically refer to past rulings in similar cases to determine appropriate benchmarks for compensation, and defendants generally face liability for measurable economic damages in full. Comparative negligence may also come into play in some personal injury cases.
Under Illinois law, a plaintiff may still recover damages if he or she bears partial liability for causing those damages, but only so long as the plaintiff’s fault does not exceed the defendant’s. If the plaintiff is 50% or more at fault, he or she loses the right to recovery under Illinois law.
How Long Will a Personal Injury Claim Take to Settle?
The majority of personal injury lawsuits end at the settlement negotiation table. A plaintiff may face mounting financial issues after a personal injury and seek a speedy resolution, potentially exchanging a faster result for less compensation than he or she could have won at trial. A defendant who is clearly liable also benefits from the quick settlement; once the plaintiff agrees to a settlement, accepting the settlement releases the defendant from all future liability for the same claim, effectively putting the issue to rest.
Some personal injury cases can take months or even years to resolve, especially those involving complex injuries, catastrophic injuries, multiple defendants, or comparative negligence. Generally, a personal injury attorney will look to settle a case before proceeding with trial preparation and try to solve the issue as quickly as possible.
Types of Personal Injury Claims We Handle
At Kanoski Bresney in Champaign, Illinois, we have been handling personal injury matters for decades with a history of success. Types of personal injury claims we handle include:
We handle a wide range of serious and catastrophic injury matters, including:
- Spinal cord injuries
- Paraplegia and quadriplegia
- Traumatic brain injury
- Internal organ damage
- Severe burns
Contact Our Champaign, IL Office Today
Legal fees can be expensive, and our injury attorneys know that. At Kanoski Bresney, we offer contingency fee billing which ensures clients pay nothing in legal fees unless their attorneys win their cases. If you have been seriously injured through someone else’s negligence, you need an experienced Champaign personal injury lawyer by your side. At Kanoski Bresney, our Champaign injury attorneys have dedicated our practice to representing injured people who have been harmed through the negligence of others. Call us today to schedule a consultation.