Personal Injury Practice Areas

Our personal injury lawyers represent those who have been injured on the job or due to negligence or other wrongdoing.

While there is no limit to the type of accidents or injuries which may warrant a claim, common personal injury practice areas in Illinois include:

• Illinois Wrongful Death Claims
• Illinois Car Accidents
• Illinois Truck Accidents
• Illinois Motorcycle Accidents
• Illinois Workers’ Compensation Claims
• Illinois Construction Accident Claims
• Illinois Slip and Fall Claims
• Illinois Dangerous Product Claims
• Illinois Medical Malpractice Claims
• Illinois Nursing Home Negligence or Abuse Claims
• Illinois Dog Bite Claims

The Basics of a Personal Injury Claim in Illinois

In Illinois, injury claims are usually viable when one of three situations give rise to the injury:

1. Negligence
2. Intentional Action
3. Strict Liability

Negligence occurs when a party fails to exercise reasonable and necessary care for the safety of others.  For instance, if a driver fails to yield at a stop sign and runs into and injures another driver there may be a negligence claim available to the second driver.  To succeed in proving that a party was negligent the injured party has the burden of proving three things:

1. That a duty existed.
2. That there was a breach of that duty.
3. That damages resulted as a proximate result of that breach.

In Illinois, the rule of comparative negligence is recognized, which holds that a plaintiff’s damages will be reduced in proportion to their degree of fault.

The second situation that can give rise to an injury claim is when a party’s intentional actions cause injury.  For instance, if someone throws a punch at someone else and injures that person, the assailant may be liable for compensation to the injured party. 

Strict liability is the third way in which an injury claim may be viable.  Strict liability imposes liability on a party without a finding of fault (such as negligence or intentional action). The claimant need only prove that the tort occurred, and that the defendant was responsible. This theory usually applies in three types of situations: animal bites (in certain states), manufacturing defects, and abnormally dangerous activities.

If successful, personal injury claims can result in compensation for medical expenses, lost income, out of pocket expenses, disability, scarring, disfigurement, pain and suffering and other damages.

A good Illinois personal injury lawyer can maximize the amount of compensation you will recover.

Statute of Limitations in Illinois

In every state there are time limits in which you must either resolve your claim or file a lawsuit. Failure to do so can result in your claim being forever barred.

That time limit is called the statute of limitations. In Illinois, the statute of limitations for injury claims is usually two years from the date of injury. 

However, there are some exceptions to that rule and there are sometimes other notice requirements and other deadline considerations. Therefore, it is vitally important that you contact a good personal injury lawyer as soon as possible after sustaining an injury.

VanDerGinst Law will examine your claim and ensure that all deadlines are properly met.

Start Building Your Case Today

If you have been the victim of an injury caused by negligence, intentional acts or a strict liability situation, don’t allow yourself to be further victimized by the other party’s insurance company. Their job is to get you to settle for as little as possible, and they will make you jump through hoops to get even that.

VanDerGinst Law can relieve you of the stress and headaches and get you the maximum compensation for your injuries.  And we will not be paid unless you are!  You are never out of pocket a penny!

We can open your file online or on the phone, or we can come to you or welcome you to our office.  We want the process to be quick, easy, and convenient for you.  We will work on your injury claim while you work on recovering from your injury. 

To schedule a free consultation with our legal team, please send us a message or call our law firm at 800-797-5391.