When you've been injured by someone else's carelessness, it's important to take some steps to help make sure your claim is settled fairly and quickly:

• Write down everything you remember about the accident or injury, such when and where it happened; the names, addresses and phone numbers of witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to an Illinois personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away that you intend to file a claim against them
• Gather and keep evidence, such as photographs of your car, and the accident or injury scene; clothing; damaged personal belongings; etc.

How Do I Figure Out Who Is at Fault?

In most cases, you must prove the person who caused the injury was negligent. That is, he didn't use reasonable care. In Illinois, you must prove:

• The person who caused your injury owed you a duty
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused your injury

Under Illinois' modified comparative negligence rules, if you were more than 50 percent at fault for your injury, you can't recover any damages from anyone else at fault. However, if you were less than 50 percent at fault, you may recover, but your damages are reduced by your percentage of fault.

Illinois' joint and several liability rules also make everyone who caused your injury liable for all of your damages, regardless of each person's percentage of fault. But anyone paying your claim has a right (called contribution) to repayment from anyone else who also caused your injury.

If you've been injured by a consumer product, the manufacturer may be responsible under strict liability. Generally, it makes some people responsible for damages caused by their products, regardless of their "fault." Under Illinois law, you need to prove:

• The product was in a defective condition, and unreasonably dangerous, even if you used it in the way it was intended to be used
• The defect existed when the product left the manufacturer's control
• The defect caused your injury

What Is My Claim Worth?

Under Illinois law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property that was damaged, such as your vehicle
• The cost of hiring someone to do household chores when you couldn't
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression and any interference with your family relationships
• Any other costs that are a direct result of your injury

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In most Illinois personal injury cases, you have two years to file a lawsuit against the person who injured you. If your lawyer hasn't been able to come to an agreement with any involved insurance companies or defendants, you definitely want to file a lawsuit before the two-year statute of limitations runs out.

Questions for Your Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

Related Resources on Lawyers.com^sm

- Contact a Personal Injury Lawyer in your area for specific legal advice, and read about Selecting a Good Lawyer and Preparing to Meet with a Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including a Medical Records Request
- Read Businesses May Be Protected rom Injury Lawsuits and FAQ: Suing after Injury, or access more Personal Injury Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Personal Injury Law topics