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Springfield Personal Injury Attorney

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Severe personal injuries change the way you live each day. They have impacts on your work life, your personal life, and your health and abilities day to day. The consequences can have devastating effects on individuals and families. When negligence in Illinois has caused you or a loved one to become injured, you do not need to suffer alone. At Kanoski Bresney, we will work on your behalf to recover the losses and damages for physical, emotional and financial burdens.

Our experienced and knowledge Springfield personal injury attorneys help victims recover the maximum compensation they deserve to move forward with their lives. Our law firm has more than 40 years of experience maximizing claims and compassionately caring for clients in central Illinois.

If you’d like to discuss the details of your case with one of our experienced personal injury attorneys, contact our office today to schedule a free consultation.

Do i have a personal injury case?

Do I Have a Personal Injury Case?

In a legal context, a personal injury claim is a civil action in which an injured party seeks compensation from the party whose negligence caused the injuries. For example, if a distracted driver causes a collision in which you are injured, you should be entitled to recover compensation from the at-fault driver or his or her insurance company. To prevail in a personal injury claim, you must show that you have suffered injury or losses and that the responsible party owed you a duty and breached that duty, causing your injuries.

Unfortunately, not every personal injury accident will give a victim the right to file a civil claim. Sometimes, no one is liable for damages. If you were in an accident and now have serious personal injuries, you will only have legal recourse if someone else’s negligence or intent to harm caused your damages. Certain elements must exist for you to have grounds for a lawsuit in Illinois. It is the plaintiff’s burden of proof to establish these elements based on a preponderance of the evidence. Hiring a lawyer can take this burden from your shoulders.

  1. Duty of care. The defendant must have owed you a duty of care according to the circumstances of your accident. The duties of care will vary based on the relationship between you and the defendant at the time of injury. Drivers, doctors, employers, product manufacturers, and property owners may all owe you duties of care in certain situations.
  2. Failure to uphold a duty of care. The most important element necessary is the existence of negligence. You or your attorney will need to prove, using evidence, that the defendant breached his or her duty of care to you. A breach can be any action or omission that results in the defendant’s failure to exercise reasonable care.
  3. Causation. Your attorney will have to draw a line of causation between the defendant’s breach of duty and your accident or injuries. The defendant’s actions must be the proximate cause of your injuries. Otherwise, he or she may not be responsible for the accident, or for your damages.
  4. Damages. Finally, you must have suffered damages because of the defendant’s negligence. Compensable damages in Illinois include physical injuries, medical expenses, lost income, property damage, pain and suffering, and wrongful death. You will not have a case if the accident did not cause you any damages.

Learning whether you have the necessary elements for a personal injury case in Springfield may take help from an attorney at Kanoski Bresney. You can discuss your case with our lawyers during a no cost or obligation consultation. We will review the facts of your case and list your potential legal options moving forward. If you do have grounds for a personal injury case, we will help you fill out and submit the proper paperwork to the Springfield civil courts within your unique deadline.

What Type of Compensation Can I Recover?

Catastrophic injuries caused by serious accidents can change your life forever, but we can strive for the necessary compensation that will cover your medical care and other damages for a lifetime. We regularly handle cases involving closed-head injuries, fractures, back injuries, brain injuries, wrongful death and other any catastrophic injuries that can cause you and your family to suffer. All of our attorneys work vigorously to cover financial and emotional burdens, including:

  • Medical expenses
  • Lost wages
  • Rehabilitation
  • Vocational rehabilitation
  • Pain and suffering

If your injuries are serious, it is in your best interests to consult with a top-rated personal injury attorney in Springfield as soon as possible, so evidence can be collected and preserved in your case. Most personal injury claims are filed against insurance companies whose representatives have the goal of denying or minimizing claims. Insurance companies have teams of lawyers to fight your claim. For the best chance of recovering the compensation you deserve for your injuries, you need the skills, knowledge, and resources of an experienced Springfield personal injury lawyer on your side.

What Is the Average Settlement for a Personal Injury Case in Illinois?

Looking at average settlement awards will not give you an accurate idea of what your case could be worth. Every case is unique. Your case value will depend on the severity of your injuries, how much they affected your life, the actions of the defendant, and many other aspects. An insurance company, judge, or jury will look at many factors when determining how much to offer. Your lawyer then has the task of negotiating a higher settlement, if your damages require more.

  • Your age and capability level
  • Your income and earning capacity before the accident
  • The severity of your injuries
  • Any temporary or permanent disabilities
  • How much work the injury caused you to miss
  • The cost of past and future medical care
  • How the accident impacted loved ones
  • Your physical and emotional pain and suffering
  • Any lost quality or enjoyment of life
  • The cost of any property damage repairs
  • The actions or misconduct of the defendant

In general, the more severe your personal injuries, the higher your settlement amount will be. During a trial, for example, a jury will determine the value of noneconomic damages based on the story your attorney presents. An attorney can help you get more for your damages. Past case results from Kanoski Bresney can show you the settlement and jury verdicts we have secured for other clients. Although this does not mean your case will be the same, it displays our ability to fight for six- and seven-figure results for injured clients. Request a consultation with our attorneys to find out what we believe your case could be worth.

How Long Do Personal Injury Claims Take to Settle?

One of the most common questions our lawyers receive during initial consultations is, “How long will my claim take to settle?” We understand the hardships your family is facing in the aftermath of a serious personal injury accident. We know you may be struggling to pay for medical bills, lost wages, and property damages on top of healing from serious injuries. It is our mission to settle your claim as quickly and efficiently as possible, while still obtaining high results.

The timeline for your Springfield personal injury claim will depend on which route your case takes: insurance settlement or trial. Most cases settle successfully without going to trial. An insurance settlement agreement is faster than a trial, and will result in a payout for your damages sooner. Most cases that settle outside of court conclude within six months of the date of the accident. However, this can vary significantly according to the specifics of the case. Hiring a lawyer to take care of negotiations for you can improve the odds of coming to a satisfactory agreement with an insurance company outside of court.

A trial may require a discovery phase, depositions, multiple hearings, deliberations, and a verdict from a judge or jury. A personal injury trial could take one year or longer to complete. It may take several months just for the Springfield courts to schedule your case, if the courts are busy. The best way to expedite your claim is to follow all the rules, fill out forms completely, and meet your deadlines. Hiring an attorney from Kanoski Bresney can facilitate the claims process. Our attorneys can handle confusing paperwork and strict deadlines while you focus on healing. We will do everything we can to move your case forward and avoid delays.

What is the Statute of Limitations For Personal Injury Cases in Illinois?

Every state imposes different statutes of limitations on personal injury and other types of civil claims. An accident victim must file a claim within the deadline of the statute of limitations, or else forfeit the right to seek damages. The purpose of a statute of limitations is to encourage the plaintiff to file as promptly as possible. Waiting too long could give the defendant unfair odds of defending him or herself, since time may destroy important evidence.

Illinois Code of Civil Procedure Section 13-202 states that the statute of limitations on a personal injury case is two years from the date of the accident or discovery of the injury. If you do not discover your injuries immediately, the clock will not start until the date of your diagnosis. If you have a personal-property only claim, you have five years to file. It is very important to know and obey your statute of limitations. The courts will only give exceptions in very limited situations.

If you miss your statute of limitations, you will most likely lose your right to seek compensation. The courts will generally refuse to hear a case that a plaintiff has submitted past the deadline. If they do not refuse, the defense can use the fact that you missed the statute of limitations against you, and request that the courts dismiss the case. Exceptions to the rule do exist. Speak to one of our lawyers about your specific deadline as soon as you can after an accident.

Types of Personal Injury Cases Our Firm Handles

We understand that each personal injury case is unique. We always work to gain a comprehensive understanding of each client’s case and his or her needs. As our client, we will prepare your case to account for short- and long-term needs. If a reasonable settlement cannot be reached, we are prepared to take your case to trial when it is in your best interests. We hold negligent parties accountable and work for your best possible result. Our overall goal is to help you get the respect, response and results you deserve in a range of accidents and negligent acts we focus our practice on, including:

Our clients contend with catastrophic injuries resulting from several types of accidents, and we investigate each accident independently if necessary, consulting with medical experts and accident recinstructionists.

Contact Our Springfield Injury Lawyers

Having an experienced Springfield accident attorney by your side can give you a better chance of recovering full and fair compensation in a personal injury claim. Contact Kanoski Bresney in Springfield, IL today. We operate on a contingency-fee basis, which means we will not charge you any legal fees unless we win your case for you. Contact us at (217) 523-7742 for a free case consultation.