Jesse had a really bad day that got even worse. After leaving work, he was hit by a car while crossing the street. As he recovered from his injuries, he talked to the insurance company of the driver that hit him. They weren’t very cooperative, and he wondered if he should sue. It is possible to sue after being injured in an accident. However, it is best to talk to an attorney as soon as possible to preserve your rights and get the best compensation possible.
Elements of a Personal Injury Lawsuit
A lawsuit is when one person files a complaint with a court asking for relief from another person. The person filing the lawsuit typically is called the plaintiff. The person being sued is usually called the defendant.
There are different types of lawsuits. A personal injury lawsuit involves a situation where one person causes another person to be injured. The complaint filed in a personal injury case will state a reason for filing the lawsuit, name who is suing and who is being sued (if known) and ask for some kind of compensation (damages).
If Jesse files a lawsuit, he will be suing the driver who hit him and anyone else who might be involved.
The Driver’s Responsibilities
The person driving the car could be considered negligent and at fault in the accident if:
- He or she had a duty to act responsibly and prevent the accident from happening;
- However, the driver fails to act responsibly; and
- Another person – the pedestrian in this case – is harmed or injured in some way because of the other person’s behavior.
In Illinois, the courts use a method called modified comparative negligence to determine compensation in personal injury cases. In Jesse’s case, he may have to prove that the driver was more at fault than he was. This is why it is so important to talk to an attorney immediately after being injured in an accident. Your personal injury lawyer should know how to analyze the facts of Jesse’s case and take the right actions.
You Definitely Have Options
Yes, you certainly can sue. However, talk to an Illinois personal injury attorney immediately. You only have two years to file a personal injury lawsuit under Illinois law. Your attorney may be able to work with the insurance company to get the compensation you deserve or file a lawsuit if necessary.
Osvaldo Rodriguez has more than 20 years’ experience helping people like you. Schedule a free initial consultation or ask a question by calling us at 708-716-3441 or by completing the Contact form on our website.
Mr. Rodriguez is fluent in both Spanish and English.
We represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, and Northlake.