Personal Injury and Wrongful Death Cases and Lawsuits: The Basics
When a person or company harms another through fault or negligence, under the law they normally have to pay for the resulting damage. As simple as this rule seems, it has proven difficult to apply. With time limits for taking action, insurance limits, the political environment, negative views toward personal injury and wrongful death cases by some people and other problems, the pursuit of justice in these cases can be frustrating. As a result, it has never been more important for people with personal injuries and the families of those who have been involved in an event resulting in their wrongful death to discuss their situations with qualified attorneys. Personal injury and wrongful death attorneys are paid a percentage of what they recover instead of hourly or flat fees. And since there is no obligation to hire a personal injury lawyer just because someone decided to talk to one, injured people and the families of those wrongfully killed have nothing to lose and everything to gain by talking to a qualified attorney early on.
Types of Cases
There are many varieties of personal injury and wrongful death cases. For example, people injured in motor vehicle collisions of all types, such as those involving cars, semitrucks, buses, boats, airplanes and trains, frequently have valid claims. So do victims of medical malpractice, people injured as a result of dangerous products and those injured by dangerous premises such as construction work sites. The list could go on to include any other personal injury or wrongful death where someone other than the injured party is at least partially at fault.
Understanding Insurance Company Claims Procedures
Insurance companies’ claims adjusters are professional negotiators, with extensive experience in settling for the lowest possible amount, including discouraging people from using the professional services of a personal injury or wrongful death lawyer. Claims adjusters know that if they can keep a claimant negotiating with the adjuster, then there is a high probability of a successful settlement in favor of the insurance company. So, just because an insurance adjuster calls and talks to someone with a claim, that does not mean that person has to talk to the insurance adjuster. They can avoid a discussion instead; listening only, and then ending by saying, “I will think about it and get back to you.” Afterward, that person would be well-advised to discuss the situation with a qualified personal injury or wrongful death lawyer.
Deadlines for Filing Personal Injury and Wrongful Death Lawsuits
Every state has statutes of limitations governing when a personal injury or wrongful death lawsuit must be filed. Statutes of limitations differ from state to state and depend also upon the nature of the claim. In Illinois, for example, many personal injury cases are subject to a two-year statute of limitations; however, shorter or longer time limits apply in some cases. What is important to realize, therefore, is that the time to act is limited by law, and the applicable time limits should be calculated by a professional early on.
Rapoport Weisberg & Sims P.C. is an Illinois personal injury law firm. We are located in Chicago, Illinois, and we represent those who have been seriously injured, and those who have lost a loved one, due to the negligence of others.
Contact Rapoport Weisberg & Sims P.C., for further information about personal injury legal services.