Personal Injury FAQ

Our Geneva Attorney Answers Frequently Asked Questions

If you are injured and considering a lawsuit, you probably have countless questions on your mind. At O’Brien Law, LLC, we’d love to help you alleviate some of those.

Below, please find some general answers to our most frequently asked questions.

Remember: if you need case-specific answers or official legal advice, you can contact us at any time for a free consultation.

Q: What Is Personal Injury?

A: The term personal injury does not refer to an injury. Rather, it addresses the entire field of personal injury law. This field of law is based on “negligence,” which is a legal way of saying “carelessness,” and “torts,” which occur when these careless acts or omissions cause injuries and/or other losses.

Car accidents are the most common cases within personal injury law and require you to prove:

1. Someone owed you a duty of care
2. They violated that duty
3. You sustained injuries and/or losses
4. Your injuries and/or losses are a direct result of this violation

While some of these components are straightforward, others are difficult to demonstrate. That’s why you need a skilled legal team on your side.

Q: What Should I Do After an Accident?

A: If you’ve been in an accident, prioritize the health and safety of you and those around you. Get medical attention immediately and collect evidence at the scene of the accident if possible. Make sure to cooperate with authorities and consult with an attorney if the accident was not your fault.

Q: Do I Have a Case?

A: If you’ve been injured by another person’s negligence (see above), you likely have a strong personal injury case. Even if you are partially at fault for a car crash or another accident, you may still be entitled to compensation. The best way to determine whether or not you have a case is to meet with our experienced personal injury lawyer in Geneva.

Q: How Much Is My Case Worth?

A: The answer to this question will depend on your injuries and losses, as well as the circumstances of your accident. Further, it will ultimately depend on whether or not your case goes to trial. Most personal injury claims settle outside of court, but your award could change significantly in the presence of a judge or jury.

We cannot guarantee any recovery, but we can estimate what damages you may be entitled to during a free consultation.

Q: What Are Damages?

A: Damages refer to both your injuries and losses and the funds you are awarded to address them. In the event of a successful settlement or verdict, you will likely be awarded damages. This compensation can be pecuniary, non-economic, or punitive. Pecuniary damages will reimburse you for measurable losses, like medical bills and missed work; non-economic damages aim to alleviate your pain and suffering and other mental and emotional losses, and punitive damages are designed to punish the wrongdoer, make an example of them, and provide you with additional comfort.

Not every case will call for every type of damages, and some types of lawsuits have a cap, or limit, for noneconomic damages. Our firm can help determine which damages you should file for in your specific case.

Q: What Is a Statute of Limitations?

A: In Illinois, the statute of limitations determines how long you have to file a personal injury claim. If your injury happened in Illinois, the statutes you must adhere to are outlined in Illinois Compiled Statutes (ILCS) 735. Essentially, you have 2 years from the time of your accident to pursue legal action, or you lose your right to do so altogether. In some cases, however, you may have less than 2 years.

If you are filing a medical malpractice claim, you may have up to 4 years to begin your case. This is because certain medical injuries, like retained foreign bodies, take time to uncover.

Regardless of your situation, you will run out of time faster than you expect. Get started with our attorney today.

Q: What If My Accident Happened on the Job?

A: If your accident happened while you were working, you are likely covered by workers’ compensation insurance. This is a no-fault policy that your employer pays for and it should cover the costs of your injuries and losses. When your employer does not cooperate or third-party negligence was involved in your accident, you may need to file a lawsuit. Attorney Daniel O’Brien can help.