Best Personal Injury Lawyers Chicago, IL (2024)

• Joseph W. Balesteri
• Phillip J. Berenz
• Judith Conway
• Carolyn Daley
• Gina Arquilla Deboni
• Derek Dominguez
• Lynne Plum Duffey
• Daniel A. Klein
• Bhavani K. Raveendran
• Nenye E. Uche

Illinois laws affect your personal injury claim, including when to file it and how to assess damages if you had some fault in an accident. Here is a summary of the laws you need to know.

Statute of Limitations in Chicago

A statute of limitations indicates how long you have to file a lawsuit. For personal injury claims, the deadlines in Illinois are as follows:

• Personal injury: You have two years from the date of your injury to file a lawsuit. So, if you sustained injuries in an accident on January 14, 2022, you must file by January 14, 2024.
• Medical malpractice: The statute of limitations for medical malpractice is two years from the day you discovered or should have discovered your injury. However, the maximum allowed is four years from the date of the treatment, procedure or consultation that caused the injury.

Medical malpractice is especially tricky to calculate the statute of limitations. See an attorney who focuses on this legal area if you believe you have a claim.

Determining Fault in Chicago

Illinois uses a modified comparative negligence standard when assessing fault. You can’t recover damages if you are more than 50 percent at fault for your injury.

If a judge or jury attributes less than 50 percent fault to you, then your damages decrease by your percentage of fault. For example, let’s say you were in a car-pedestrian accident. Since you crossed the street from behind a parked car, the jury decides you are 30 percent at fault. So, if your damages are $30,000, they decrease by 30 percent or $10,000. You recover $20,000.

A personal injury attorney will discuss this with you if it seems you share fault in an accident.

Personal injury law is a big umbrella. It involves claims where another person’s negligence hurts someone. That can include many types of cases, including slips and falls, dangerous consumer products, auto accidents and workplace hazards.

It’s crucial to find a good match for expertise in your type of accident and with you personally. You will communicate with this individual often and trust them with your claim. Here’s how to make a good choice.

Find Referrals

Referrals are an excellent way to find a great attorney. If you know anyone who hired a personal attorney recently, ask them about it. You may receive a great referral or know who to avoid.

If no one in your immediate circle hired an attorney recently, the Circuit Court of Cook County lists resources for attorney referrals. You can call any of those telephone numbers to receive a referral and guidance on the type of attorney you need.

Look for Specific Experience

When looking up lawyers and viewing their websites, seek specific experience. You want to hire someone who does plaintiff’s personal injury law. If an attorney represents large corporations or insurance companies, they likely represent defendants in these lawsuits and won’t be a match for your case.

You want the best personal injury lawyers in Chicago who deal with cases like yours. For example, medical malpractice is challenging and often technical. An attorney focusing primarily on car accidents and workers’ compensation will likely not have the experience or knowledge to handle a medical claim. So, you want an attorney with a medical malpractice background and proven results in that field.

Personal injury attorneys should also be litigators. While many claims settle and never see a courtroom, there is always a chance that the defendant or their insurance company disputes your claim. Attorneys reluctant to take matters to trial are often not good fits for personal injury law.

Ask About Fees

Attorneys can charge up to $100 to $500 per hour, which quickly becomes expensive. But personal injury matters are handled on a contingency basis, meaning the attorney’s fee comes from your settlement or verdict amount.

When you call lawyers, ask about their fee structure. You want an attorney who takes your case on contingency as that protects you from large upfront payments and monthly bills.

The usual contingency fee is 33 percent of a settlement. That percentage may increase if your case advances to arbitration or trial. You will see these terms in a contingency fee agreement. Beware of attorneys who aren’t transparent about their fees. If you have questions, ask.

Follow Your Gut

When you meet with an attorney, you should feel hopeful. Many people leave a lawyer’s office feeling less burdened. If you feel hesitant or worried, there is a good chance that the attorney isn’t right for you.

After all, you will share many details with your personal injury attorney. Some of those may be awkward or embarrassing. However, if you don’t share all details about your injuries and their effects on your life, you may not get as much compensation as you deserve. So, choose someone you can talk to openly and trust.

You want a professional office with attentive staff. When you visit, assess their office. Listen to how the receptionist talks to and about clients. If you feel like an invader, leave and meet with another lawyer.

In Illinois, statutes can affect your personal injury lawsuits in several ways, such as:

1. Determining how much time you have to file a personal injury lawsuit. Illinois’ statute of limitations for filing a personal injury or wrongful death claim is generally two years. The time starts ticking on the day the accident, injury or death occurs.
2. Deciding what happens when you’re partly at fault for your injuries. If another is at fault for your injuries, the law grants you the right to pursue compensation. Under the Illinois modified comparative negligence statute, you may also recover damages if you are less than 50% responsible for your injury or damages.
3. Identifying where your lawsuit must be filed. According to the Illinois venue statute, legal action may take place in the county of the defendant’s residence or where the reason for the lawsuit arose.

In Chicago, you could file a personal injury lawsuit and seek compensation for a wide range of accidents and incidents causing physical, emotional or financial harm. Here are some examples of the most common types of personal injury claims:

• Motor vehicle accidents
• Slips and falls
• Negligent security
• Medical malpractice
• Dangerous products or medication
• Dog bites and attacks
• Assault and battery
• Libel and slander

If you believe another caused your injury, an experienced personal injury lawyer in Chicago can determine whether you have a case and clarify your next best steps.

You generally don’t have to pay taxes on a settlement in Chicago. Settlements are not considered “income,” as they are intended to compensate or reimburse you for your losses due to the injury, such as medical bills or property damage. Therefore, personal injury compensation is usually tax-free.

However, there can be exceptions to this rule. For example, if you receive punitive damages, you may have to pay taxes on the amount. Punitive damages are not related to your losses but instead intended to punish the defendant. In addition, any interest received on your settlement may also be taxable.

Since the tax implications of a personal injury settlement can depend on the circumstances of your case, consider speaking to a tax professional or personal injury lawyer in Chicago who can help you understand your tax situation when receiving a settlement.

The statute of limitations for filing a personal injury claim in Chicago is two years from the date of the injury. Adhering to this deadline can be critical as you could lose your right to recover compensation for your injuries if you fail to file your lawsuit within two years.

However, the statute of limitations can vary depending on the type of claim. If you are filing a medical malpractice claim or a claim for property damage, for example, the statute of limitations can differ. If a government entity caused your accident or injury, you may have to file a lawsuit within a much shorter amount of time than the statute of limitations provides.

Since various factors could shorten or lengthen the time to file a lawsuit, consider contacting an experienced personal injury lawyer in Chicago to understand your legal obligations and rights.

The time it takes to settle a personal injury case in Chicago can vary depending on factors such as:

• The severity of your injuries
• The complexity of the case
• The degree of negligence of the at-fault party
• The willingness of the insurance company to settle

Personal injury lawsuits can take a few months to several years. If your case is straightforward and you are expected to recover fully from your injuries, you could settle within a couple of months. However, recovering compensation in a complex case involving several at-fault parties, permanent injuries and high damages can take much longer. You may have to go to trial to fight for what you deserve, which can add considerable time.

Forbes Advisor considered many factors to find the Best Personal Injury Lawyers in Chicago in 2024. Forbes Advisor’s mathematical module considers and weighs the information collected to calculate a specific rating and reviews these results to find the best attorneys in a given practice area.

Within the model, we consider factors that legal professionals and consumers value in an attorney’s qualifications. After assigning weighted scores to hundreds of data points, we narrowed the field down to our top choices based on:

• Legal experience
• Special licenses and certifications
• Ethics and bar disciplinary measures
• Legal thought leadership
• Education and employment background
• Scholarly lectures and writings
• Awards and honors

Forbes Advisor collects public data from various sources, including state bar associations, court records and other published sources on the internet. This information should not be considered comprehensive, however. It might not include additional relevant information on an attorney’s legal skills and experience.

Each lawyer listed here has their own merits. Remember that our list relates to these lawyers’ legal backgrounds but does not evaluate their personalities or knowledge of the law. One attorney may be more suitable than another for your specific legal situation.

One thing that can’t be quantified, though, is the rapport you establish with your attorney. Personality goes a long way when teaming up with an attorney, especially when facing a potentially difficult legal situation. These rankings should serve as a reference and potential starting point in your search for the right lawyer for you and your legal concerns.

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