Injuries on Someone Else’s Property in Illinois
by Michael Helfand
(Illinois)
If you are injured on someone else’s property in Illinois, you may be thinking about filing a personal injury lawsuit, especially if your injury was permanent or you have significant medical bills.
The decision to file a lawsuit can be a difficult one, especially if you were injured at a friend’s house or on your neighbor’s property. You may be worried about a lawsuit affecting your relationship. This is a valid concern, as lawsuits can be contentious, stressful and they aren’t resolved overnight.
However, keep in mind that in many cases, you will be dealing with an insurance company rather than directly with your friend or neighbor. If you are injured on someone’s property, their homeowner’s insurance will handle the claim or lawsuit.
If you are injured on someone’s property in Illinois, ask an Illinois personal injury attorney evaluate your case and advise you on your chance of success. The law in this area is called premises liability law.
In Illinois, different types of property owners or renters have different obligations to their visitors. A homeowner doesn’t have to keep their property as safe as a business owner, for example. Although that’s not to say a homeowner isn’t responsible for warning you about hazards on their property.
Again, an Illinois attorney who has experience in this type of personal injury case can help you decide if it’s worth filing a lawsuit.
In a personal injury lawsuit, aside from proving negligence, you have to prove damages. Damages are the losses you’re asking to be compensated for. You will have to prove the amount of your medical bills and any loss of income attributable to the accident.
The more difficult type of damages to prove is pain and suffering. If your injury is permanent or has caused you mental or emotional distress, you need to prove that. If your injury is going to leave you with lifelong pain or the inability to earn a living, you need to put a value on that.
It’s not easy, as these things are largely subjective. A good attorney will use medical records and witness testimony to prove pain and suffering.
The value an Illinois injury case varies depending on the evidence, the facts, the witnesses, who you’re suing, where you’re suing (urban cases tend to be worth more than rural cases), and the judge or jury who is making the decision.
The majority of Illinois personal injury lawsuits are settled before or during trial. It’s a good idea to have an attorney negotiate a settlement on your behalf, especially when you’re up against an insurance company.
Insurance companies are known for giving low settlement offers. It’s their goal to pay you as little as possible. An attorney who has experience – and past success – dealing with insurance companies is in the best position to make sure you are fully compensated for your injury.
Illinois personal injury attorneys generally charge on a contingency fee basis, meaning that they only get paid if you win. If you are awarded money at trial, or reach a settlement amount, you will pay your attorney a portion of what you recover.
The general rule is that the attorney’s fee is 1/3. Make sure to discuss the fee at the very beginning of your case so there are no misunderstandings later.
If you have been injured on someone else’s property, consider talking to an Illinois personal injury attorney. Most will consult with you for free.
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Michael Helfand has been an Illinois attorney since 1997 and is founder of FindGreatLawyers.com, the leading resource for Illinois lawyer referrals and legal guidance.
