Skilled Naperville
Personal Injury Attorneys

When you get in an accident of any kind, the reality of the matter is that the opposing party’s insurance company does not have your best interests at heart. Our lawyers do. Backed by a proven track record of success and millions of dollars recovered for injured clients throughout Illinois, we have the knowledge and skills to ensure your rights are protected and can maximize your chances of securing the fair compensation you need. We can investigate the cause of your accident and help you build the strongest claim possible, and if the opposition refuses to cooperate, we can take them to court. Most importantly, our attorneys can save you precious time and provide the support you need while you focus on what truly matters – your recovery.

Generally speaking, you likely have a case if someone acted negligently or carelessly under the circumstances that caused your injuries. With that being said, applying this standard can be more complex than it sounds. Determining whether you have a case is not something that should be done on your own. Get in touch with an attorney and set up a free consultation to discuss your situation in detail. An attorney will be able to tell you who is responsible, what you can expect to recover, and what the most appropriate course of action is for your situation.

Your case’s value will ultimately depend on factors such as the severity of your injuries, the value of your medical expenses and lost wages, the level of cooperation of the opposing insurance company, and the quality of your legal representation. It is best to consult with a knowledgeable attorney from our firm to get a rough estimate of your case and determine the most appropriate course of action.

You may still be eligible to receive compensation after an injury that was partially your fault, though your eligible recovery may be reduced by a percentage equal to your share of blame. For example, say you were to suffer an injury and incur $10,000 worth of damages but are found by a jury to be 10% to blame for the incident. Under Illinois’ comparative negligence laws, you would only be eligible to recover $9,000 (or $10,000 minus 10%). An injured plaintiff can recover damages from a defendant as long as the plaintiff’s degree of fault is not more than 50 percent.

Insurance companies use the terms "special damages" and "general damages" to describe the two different categories of compensation. Special damages, also known as economical damages, are fairly easy to calculate; simply add up all of your out-of-pocket expenses as a result of the accident that caused your injury. This includes the cost of your medical bills, property damage repairs or replacements, costs of services to handle tasks you're unable to do while incapacitated, and lost wages. General damages can be more complicated. These non-economical damages include pain and suffering trauma. There is no objective form of measurement, so typically most personal injury attorneys will add up the special damages and multiply the total by anywhere from two to five, depending on the severity of your injuries. The following symptoms would be considered pain and suffering after an injury:

• Post-traumatic stress disorder
• Emotional distress, such as anxiety, panic attacks, and/or depression
• Nightmares
• Insomnia
• Inability to concentrate
• Loss of enjoyment and consortium
• Persistent physical pain
• Scarring or disfigurement

The length of time required to handle your case from start to finish will vary based on several factors, many of which are difficult to predict. You will need to have an accurate picture of how your injuries have affected you, so many lawyers will encourage you to wait until you have received all medical treatments for your injuries to begin settlement negotiations. While time consuming, this can help your attorneys to make the right demands and pursue an amount that fully compensates you for your losses. Additionally, the length of your case will depend on the level of cooperation of the at-fault party and their insurance company and whether your case needs to go to trial. Generally speaking, the more complex the case, the longer it will take to resolve.

No. Do not accept any settlement offers until you have had a chance to discuss your situation with an attorney. Many initial settlement offers are made with the intention of quickly and cheaply closing out your claim and are far lower than what you would need to cover the full cost of your injuries. An attorney will be able to review the insurance company’s offer and help you pursue an amount that fully compensates you for your losses.

Possibly. Many personal injury claims do not end up going to trial and are instead resolved through out-of-court negotiations between the involved parties – specifically, your attorney and the at-fault party’s insurance company. A trial will typically only be necessary if the involved insurance company refuses to offer a satisfactory amount or if there is a dispute over who is at fault for your injuries. Our attorneys prepare every case as if it were going to trial to give us the best possible position during settlement negotiations.

Once you have been injured, you will generally need to file your personal injury claim within two years, though this time limit may sometimes be longer or shorter under rare circumstances. This is commonly known as a “statute of limitations.” Once the statute of limitations period expires, you will essentially lose your right to pursue legal action against the responsible party and you will be unable to recover compensation for your injuries. For this reason, it is important to get an attorney from our firm involved in your case early on after your injury to guard your rights and ensure your compliance with all applicable deadlines.

Possibly. Not all personal injury claims are of the multimillion-dollar variety that draw extensive media coverage. Even small claims can benefit from the assistance of an attorney if there is enough evidence of liability. Just be careful not to assume that your case is too small, as there is a chance that it could be worth more than you think. You have nothing to lose by at least speaking with an attorney to determine if legal action is appropriate in your case.

Most personal injury lawyers, including those at Chute, O’Malley, Knobloch & Turcy, LLC, accept injury cases on a “contingency fee basis.” This means that you will not be required to pay anything upfront to retain the services of an attorney. Instead, your attorney will only require payment if they are successful in securing compensation on your behalf. This ensures that you will never be deprived of quality legal representation due to the inability to pay, while also motivating your attorney to secure the largest financial award possible for your case.