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Personal injury is a physical and/or emotional injury to someone, caused by someone else’s negligence, or other acts. To be actionable, one must prove liability on the part of the other as a result of negligence and/or not providing a reasonable standard of care. The objective of a personal injury claim is to assess who is responsible and compel the responsible party to compensate for the injuries incurred.
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General damages covers injuries that include a demand for restitution for physical and/or emotional pain and suffering that may be experienced after the injury occurs. Special damages refers to a monetary loss as an outcome of the injury, including but not limited to, lost wages, property damage, medical expenses, and other costs arising directly from the injury.
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Illinois Statute of Limitations limits the amount of time to file a claim after any injury, with negligence claims having to be filed within two (2) years from the date of the injury and/or when one becomes aware and/or should have become aware of the injury.
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After an accident, one should document all injuries, obtain witness’s names, addresses and telephone numbers, and contact the other party’s insurance company. An injured party will have to prove the extent of injuries, necessity of medical treatment and any other losses. Statements should not be given to anyone other than a police officer and any proposed written releases of liability should not be signed prior to contacting an attorney.
*State and Federal Laws change constantly and the above is for informational purposes only and one should seek out a qualified attorney for specific legal advice*