Personal Injury Lawyer O’Fallon
Hipskind & McAninch, LLC represents individuals in O’Fallon and the surrounding areas who have been injured due to another party’s negligence. As O’Fallon personal injury lawyers, our legal team works on a contingency basis, which means that you don’t have to pay out of pocket for our professional legal advice.
If you’re considering a personal injury claim, we recognize the fact that you’re dealing with mounting medical bills, lost wages, and other expenses. We can help you receive fair compensation for all of your expenses and more. Call today for a free consultation and immediate representation.
Types of Personal Injury Cases
We represent individuals who have been involved in all manners of accidents. Here are some of the most common cases we handle:
- Car accidents – car vs. car accidents are among the most common types of roadway collisions.
- Truck accidents – Commercial trucks represent a substantial danger to other motorists because of their size and cargo. Truck accidents present unique legal challenges for injury law firms because of the laws that influence these types of cases.
- Motorcycle accidents – Because of their smaller frames and the high speeds at which they travel, these accidents are often the most dangerous of all types of auto accidents. Illinois is one of the only three states in the country that don’t have helmet laws, affecting the severity of injuries in cases where riders have chosen to exercise their right not to wear helmets.
- Premises Liability (Slip and Fall) – According to the National Floor Safety Institute, over a million slip and fall accident victims end up in the emergency room. However, this area of the law covers many more types of accidents.
- Medical Malpractice – Medical malpractice is accountable for thousands of injuries every year in the state of Illinois. If you believe you’re the victim of medical malpractice, seek personal injury representation immediately.
- Product Liability – Product manufacturers have a responsibility to ensure that the goods they make and sell are safe for consumers. If you’ve been hurt by a defective product, contact a personal injury attorney today.
- Wrongful Death – If your spouse, child, parent, or other relation was killed either intentionally or by accident, you might have grounds for a personal injury lawsuit. Wrongful death claims are unique under personal injury law since elements like loss of consortium and the pain and suffering of the surviving family members factor into the compensation.
- Workers’ Compensation – Under Illinois workers’ compensation law, your injuries do not have to be the result of employer negligence for you to file a claim. If you are injured at work, your personal injury lawyer can ensure you get full compensation for your workers’ compensation claim. The following chart shows some of the most common workers’ compensation claims.
Personal Injury Damages
Illinois categorizes three different types of damages for personal injury cases.
If you’re injured in an accident, you’re entitled to damages for all of your medical bills, lost wages, property damage, and other costs related to your injuries. You’re also entitled to damages for anticipated future medical expenses, diminished earning capacity, and more.
Receiving reimbursement for your injuries does not stop with being paid for your monetary losses. Pain and suffering damages cover your emotional anguish, physical pain, and other unpleasant outcomes that result from your injuries but don’t have a direct financial cost tied to them.
These damages are only awarded in legal proceedings when personal injury attorneys can show that the negligence was egregious or the act was intentional. Illinois law caps maximum compensation for punitive damages at three times the amount of economic damages.
Illinois State Law and Personal Injury
The laws governing personal injury claims vary from state to state. Because of our location, our personal injury lawyers represent clients in both Illinois and Missouri. However, the laws are different. The following information applies to Illinois only.
Statute of Limitations
The statute of limitations for different types of claims is as follows:
- General personal injury – Two years from the date of injury.
- Medical Malpractice – Two years from when the plaintiff knew or should have known of the injury.
- Wrongful Death – Personal injury lawsuits must be brought within two years of the date of death (as opposed to the date of the accident).
Even if you don’t intend to sue the responsible party, the statute of limitations is important since the insurance company is not likely to pay once the threat of a lawsuit is gone.
Modified Comparative Negligence
Under Illinois Law, personal injury victims are able to recover damages if they are partially responsible for the accident. However, their personal injury attorney must be able to show that they were less than 50% at fault for their damages. If the victim is 50% or more responsible, they cannot collect on a personal injury claim.
Why Do I Need an Injury Lawyer?
While you can file a claim without the assistance of a personal injury lawyer, it’s unlikely that you will fare as well. Most initial settlement offers fall far short of what you are entitled to if you were to use an OFallon personal injury lawyer to settle your claim.
A personal injury attorney will do the following:
- Review your medical records and any other reports associated with your injuries
- Calculate all economic and non-economic damages and determine the likelihood of punitive damages
- Subpoena and depose all witnesses
- Review all discovery evidence from opposing counsel
- Draft a demand letter for damages
- File a personal injury lawsuit in the court of jurisdiction
- Contract expert witnesses to contribute to your case
- Negotiate with the insurance company
- Litigate your case in court if necessary
While personal injury attorneys will take a portion of the proceeds from your settlement or court award, they justify their fees by garnering a much larger settlement in most cases.
Frequently Asked Questions About Personal Injury Law
If you’ve been injured in an accident, you probably have questions. Many of our clients tend to have similar concerns. Here are some of the most commonly asked questions we hear at Hipskind & McAninch, LLC.
Pursuing full compensation takes more time than accepting the first settlement offer. The adjusters and lawyers who work for insurance companies want to protect their bottom line, which means that they will offer some resistance to demands for increased compensation. However, they also want to avoid the expense of litigation. Some claims can be settled quickly, but for more significant accidents, you may be looking at one to three years.
Your attorney can execute letters of guarantee between you and your doctor. This means that your doctors will receive their payment once your case is settled. This will allow you to get medical treatment without having to pay out of pocket or worry about your credit being ruined. Additionally, your doctor can communicate with your lawyer about accommodations you may require.
Personal Injury Attorneys in O’Fallon, Illinois
The attorneys of Hipskind & McAninch, LLC have a reputation for getting our injury clients full and fair settlements. Whether you were in a car accident or are having difficulty pursuing a workers’ compensation claim, the injury attorneys at Hipsking & McAninch, LLC are ready to represent you. Call today for a free consultation.