Injury Claim Lawyer O'Fallon, IL
O'Fallon, IL Personal Injury Attorneys
Call 866-382-4167 for a Complimentary Case Review | O'Fallon, IL Injury Claim Lawyer
Injury Claim Lawyer in O'Fallon, IL. No one anticipates being injured, but when they are it creates sudden and harsh financial, physical and emotional hardships. It can be maddening when your injuries are the consequence of someone else's thoughtless behavior. Missouri and Illinois law offers an avenue for injured victims to receive a financial recovery for their injuries by means of personal injury claims. Most of the time, you'll need the aid of an injury claim lawyer in O'Fallon, IL to get the most value for your claim. At Halvorsen Klote, we have committed our careers to getting clients in Missouri and Southern Illinois great compensation, and providing them with the same high standard of legal representation as large insurance companies. If you were injured because someone else was negligent, call us today at 866-382-4167 or contact us online for a free consultation.
Common Causes of Personal Injury Claims | O'Fallon, IL Injury Claim Lawyer
Personal injury claims are legal claims seeking restitution for injuries caused by someone else's negligent, reckless, or purposeful actions. While each accident and each injury claim is different, most cases will be decided by law governing one of several common accident types. Some of the most common cases our injury claim lawyer team delivers maximum compensation for our clients in in O'Fallon, IL are:
- Auto crashes, such as
- Product liability
- Premises liability
- Slip and fall
- Nursing home abuse and neglect
- Dog bites
- Construction site accidents
- Daycare injuries
- Swimming pool accidents
No matter how your injuries occurred, trust your Halvorsen Klote injury claim lawyer in O'Fallon, IL to know how maximize the value of your claim. In order to get the best results for your claim, reach out to us as soon as possible so we can get started on your claim.
Determining If You Have an Injury Claim | O'Fallon, IL Injury Claim Lawyer
You cannot receive compensation for every injury; you must show that someone else is responsible for your damages. In order for your injury claim lawyer to win your case, they must how the other party's action or inaction amounts to the five elements of negligence:
- Duty of Care: Establishing a duty of care is a precondition to winning a personal injury claim. You must show that the defendant had a duty to refrain from acts that could foreseeably hurt you. If you were injured in an auto accident, the other driver automatically had a responsibility, as both Missouri and Illinois have stipulated that motorists owe other drivers, passengers, bicyclists and pedestrians a duty of care. Other associations, a doctor-patient relationship or that between a property manager and visitor, have defined duties of care.
- Breach of Duty: After establishing a breach of duty, you need to demonstrate that the person who owed you a duty of care did not act as a reasonable person would or as the law demands.
- Cause in Fact: Following that, you must demonstrate that if the other party had acted differently, you would not have suffered any damages. For example, if a driver had not been drunk, or a doctor had diagnosed you correctly, you would not have been injured.
- Proximate Cause: This relates to the defendant's responsibility for the cause in fact. If a property owner had no way of knowing of a hazardous condition they may not be at fault.
- Damages: The last element of negligence is that you sustained damages. In a personal injury suit, that means you were injured. If you're in a slip and fall and only sustain a minor bruise that goes away after a couple days, you likely do not have a claim because you did not incur any real injury.
Every O'Fallon, IL injury claim lawyer at Halvorsen Klote knows how to take on, prove, and win every type of personal injury case. If you're unsure if your injuries can be attributed to someone else's negligence, get in touch with an injury claim lawyer as soon as you can. Our consultation is free, so there's no risk in calling us to discuss your claim.
Frequently Asked Questions | O'Fallon, IL Injury Claim Lawyer
When we get a new case in O'Fallon, IL, it's typically somebody who has never gone through an injury claim and is naturally anxious about what the whole process entails. The following are some of the most frequently asked questions our injury claim lawyer team receives in O'Fallon, IL:
How Much Compensation Should I Expect to Collect?
That depends on the specifics of your accident, the scope of your damages and the talent and dedication of your O'Fallon, IL injury claim lawyer. We can help you receive a financial restitution for:
- Property damage, like damage to your vehicle
- Wage loss from time spent recovering
- Lowered earning potential if your injuries result in disability
- Medical bills, like:
- Emergency room visits
- Subsequent doctors' appointments
- Assistive devices such as wheelchairs
- Pain and suffering
- Mental anguish
Your O'Fallon, IL injury claim lawyer at Halvorsen Klote knows how to correctly value the full extent of your damages and get you the maximum compensation you deserve.
What Is the Statute of Limitations for Personal Injury Claims?
There are some important exceptions in each state, but it is crucial to call an injury claim lawyer in O'Fallon, IL immediately after being in an accident so that the time limit does not run out.
What Is The Burden of Proof in Personal Injury Claims?
We've all heard the phrase "beyond a reasonable doubt." That's the burden of proof that juries and judges must follow in criminal court so that there is no chance that an innocent person lands in jail. Personal injury claims are civil cases, and the the pertinent burden of proof is a preponderance of the evidence. That means that a jury or insurance adjuster must find only that the claim is more likely than not to be true.
So, if a drunk driver avoids a criminal conviction because of errors in a police reports, you can still hold them accountable in a civil court.
If your injury claim lawyer is helping you pursue punitive damages, you must show clear and convincing evidence, which means that the jury or insurance adjuster are left with a firm belief that the claim is most likely true.
How Long Does an Injury Claim Take?
Again, that can vary based on the individual circumstances of your injury. The Bureau of Justice Statistics found that the vast majority of tort suits are settled in negotiations. If the parties settle, a claim can be resolved within a few months, while a case that goes to trial in O'Fallon, IL can take up to two years. If your injuries do not cause permanent disability, it might be a good idea to wait until you've reached maximum medical improvement so you can be compensated for your full medical bills.
What's the Timeline for a Personal Injury Claim?
Generally, following an injury caused by somebody else's reckless actions in O'Fallon, IL, you can expect the process to proceed as follows:
- You receive medical attention (and keep with it until you have completely recovered).
- You speak to an injury claim lawyer.
- The lawyer investigates your claim and collects evidence, for instance police reports and medical records.
- Your injury claim lawyer writes a formal settlement demand letter.
- If the the insurance company refuses to pay the settlement demand, your injury claim lawyer will decide if the best plan of attack is to try to negotiate or file a lawsuit.
- Your lawyer enters the discovery phase, where they gather futher evidence and collect expert opinions.
- Your injury claim lawyer and the the other party enter negotiations in front of a neutral party in mediation.
- We take your case to court if we cannot secure a fair settlement offer in negotiations.
Can I Still Collect Compensation if I Was Partially Responsible for the Injury?
Yes. Missouri is what is called a "pure comparative negligence" state, which means your financial recovery will be diminished by the percent of blame you share. So if a jury awards you $100,000 but establishes you were 30 percent at fault, you will only collect $70,000. Illinois is considered a "modified comparative negligence" state, which means you can only receive compensation if you are less than half responsible.
How Much Does It Cost to Hire an Injury Claim Lawyer? | O'Fallon, IL Injury Claim Lawyer
It's possible you are anxious about whether or not you can afford legal representation in O'Fallon, IL because you're already paying for medical expenses and might not be able to work at the moment because of your injuries. An advantage to hiring an injury claim lawyer at Halvorsen Klote is, in contrast to corporate lawyers in O'Fallon, IL, we charge a contingency fee. That means three things:
- There are no upfront costs. Because we don't charge an hourly rate, we are paid with percentage of the financial recovery you are awarded — only after we win or settle your case.
- We charge nothing if we do not secure a successful resolution for your claim. A Halvorsen Klote injury claim lawyer only gets paid by employing their experience and knowledge to attain the best possible results.
- We only take cases on when we truly believe we can substantially increase your final recovery . We accept the risk of employing our resources for you, and we won't make promises we can't keep or mislead you.
Regardless of what your current economic situation is, a Halvorsen Klote injury claim lawyer in O'Fallon, IL will be by your side and fight on your behalf to get you the great results you are entitled to.
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O'Fallon, IL Injury Claim Lawyer | Halvorsen Klote
You shouldn't have to pay because someone else was negligent and injured you. When you hire a Halvorsen Klote injury claim lawyer in O'Fallon, IL, we start building your case immediately and stay in communication with you until we secure a successful resolution. We give you all the information you need to do the best thing for you and your O'Fallon, IL family. Call an injury claim lawyer in O'Fallon, IL today at 866-382-4167 or contact us online.