Personal Injury Lawyers St Clair County, Illinois
At Hipskind & McAninch, LLC, our personal injury attorneys believe that all accident victims are entitled to proper legal representation when pursuing personal injury claims. That’s why we represent clients on a contingency basis, which means they will not pay out of pocket.
We recognize that injury victims are dealing with mounting medical costs and lost wages. The only way they will be able to hire an attorney is if they can defer payments. That’s why we collect our fees at the end of your case and only if we win. Call today for a free consultation.
Cases Our Personal Injury Lawyers Handle
We are a full-service personal injury law firm. Here are some of the types of cases we handle for our injured clients.
Motor Vehicle Accidents
We represent the victims of automobile accidents, commercial trucking accidents, motorcycle accidents, pedestrian vs. car accidents, and bicycle vs. automobile accidents. If you’ve been involved in a vehicle accident of any type, you may be entitled to compensation.
Slip and Fall (Premises Liability)
Premises liability law covers a wide array of accidents that occur on private and public property. Because fall injuries are so prevalent, this area of the law is frequently referred to as “slip and fall.”
All persons and organizations offering medical care have a duty of care to the patients they treat. Patients who suffer injuries or whose conditions are worsened because of poor medical care are entitled to maximum compensation under the law.
Nursing Home Liability
The staff and administrators of nursing homes in St. Clair County owe the very best level of care to their residents. When they fail in that duty — either because of negligence or abuse — our personal injury firm can hold them accountable. We also handle wrongful death claims arising from negligence or abuse.
If you’ve been injured while using a defective product, you may have grounds for a products liability personal injury claim. This includes injuries caused by manufacturing defects, design defects, or improper instruction. Talk to a product liability lawyer about your accident today.
St. Clair County dog owners have the responsibility to vaccinate their pets and keep them under control. If you are attacked by a dog — particularly if it’s off the owner’s property, you may have grounds for a personal injury lawsuit.
Workers’ comp claims differ from other types of personal injury cases because your personal injury attorney does not necessarily have to prove negligence for your claim. Your employer’s workers’ comp policy should cover your injuries even if you were solely responsible. However, an attorney can help if you have problems with your claim.
If you are the family member of an individual who has been killed in an accident or a crime, you may have the standing to collect damages. Talk to our St. Clair County personal injury lawyers about the loss of your loved one. We can advise you as to who has the standing to pursue damages.
In 2020, unintentional injury was the number one cause of death in the United States:
Personal Injury Damages in Illinois
Under Illinois law, personal injury victims are entitled to compensatory damages. In some instances, they may also be awarded punitive damages.
- Economic Damages – This includes medical bills and other costs of medical treatment, lost wages, and property damage. Anything that has a monetary cost or anticipated monetary cost is considered economic damages.
- Non-Economic Damages – This is also referred to as pain and suffering. These damages seek to compensate accident victims for physical pain, emotional trauma, and additional suffering due to an accident.
- Punitive Damages – Punitive damages are sometimes awarded by the courts to further punish the defendant for egregious behavior. For example, if an accident victim suffered a catastrophic injury like a severe brain injury because an individual intentionally ran their car off the road, the court might award punitive damages.
Proving a Personal Injury Case
Our St. Clair County personal injury lawyers must be able to prove these four elements to be able to collect compensation on behalf of our clients.
1. Duty of Care
For the defendant to be held liable for a personal injury case, the plaintiff’s lawyer must be able to demonstrate that they had a duty of care for the injured party. For example, proprietors have a duty of care to all employees and patrons entering their establishments.
2. Breach of Duty
A personal injury attorney must be able to prove that the defendant breached their duty of care. A driver running a red light at a St. Clair County intersection would be an example of a breach of duty.
The plaintiff’s personal injury lawyer must show that the defendant’s breach of duty caused the accident. For example, a surgeon who leaves a scalpel inside of a patient may cause internal lacerations. The attorney would have to show that the negligent act was responsible for the injuries.
Damages accompany all injury accidents. For example, even a minor car crash with whiplash neck injuries will result in doctor bills, rehab, medication, and property damage. In a wrongful death claim, damages can include compensation for both the deceased and the survivors.
Important Legal Concepts in Illinois Personal Injury Cases
There are important legal concepts that affect personal injury claims in Illinois. For an explanation of each, contact a St. Clair County, IL personal injury lawyer at Hipskind & McAninch, LLC.
Modified Comparative Negligence
Under Illinois modified comparative negligence law, a personal injury lawyer must be able to show that the plaintiff was less than 50% responsible for the accident to pursue damages.
Statute of Limitations
The statute of limitations for most personal injury cases in Illinois is two years from the date the accident occurred. In wrongful death cases, it’s two years from the date of death. With medical malpractice, it’s two years from the date the medical accident was discovered.
This may seem like a long period, but our St. Clair County, IL, personal injury law firm requires a long period to properly prepare your claim.
St. Clair County Personal Injury Lawyers
Hipskind & McAninch, LLC is a top-tier personal injury law firm representing clients in Madison County and St. Clair County. If you’ve been injured by another party, contact us today. We will represent you on a contingency basis, and all consultations are free. Call today.