Yorkville Personal Injury Lawyer
Experienced and Results-Oriented Representation in Kendall County
Personal injury cases can be some of the most difficult to handle, especially if you are coping with serious injuries. Attorney Matt Walker is an experienced personal injury attorney who will assert your rights in court and build a strong lawsuit to recover damages, whether for lost wages, pain and suffering, or loss of companionship. Matt Walker is a skilled litigator with the results to prove it, and he will work closely with you to discuss your goals for your case.
Attorney Matt Walker represents clients in personal injury cases including:
- Car accidents
- Truck accidents
- Wrongful death
He cares about your health and healing. He will maintain close and personable contact with you throughout the legal process so you can feel supported.
Contact Attorney Matt Walker to discuss your personal injury concerns in more detail. Let’s strategize your case today.
Comparative Fault in Illinois
Illinois abides by “comparative fault” rules for awarding damages when more than one party is at fault (responsible) for an injury. That is, if an accident appears to have been caused by both another person and by you, the court may apply “modified comparative fault” to calculate your damages. Modified comparative fault takes the total damage award for the accident – say, $10,000 – and reduces it by the percentage you are found to be at fault for your own accident – say, 20%. Accordingly, the maximum damages you can claim for such an accident will be $8,000.
If the court finds you to be at least 50% at fault, you will not be allowed to claim any amount in damages.
Car and Truck Accidents
Some of the most common personal injury cases are auto accidents.
If you or a loved one has been involved in a car or truck accident, it is critical that you:
- Get medical help immediately
- Document the scene of the accident (take photos of the exterior and interior of the vehicles, license plates, broken glass in the surrounding area)
- Obtain the other driver’s contact information and insurance information
- Consult an accident lawyer as soon as possible to seek damages
Typically, car and truck accident cases have a statute of limitations (filing deadline) of 2 years from the date of the accident. If you fail to file your lawsuit within this 2-year period, the court will be unlikely to hear your case, and you will not be able to claim damages.
Illinois does not have a damage cap for personal injury cases. While some damages may be covered by your insurance under Illinois’ mandatory insurance laws, you may still recover the following damages depending on the severity of your case:
- Lost wages
- Medical bills
- Repair or replacement of your vehicle
- The cost of using a temporary rental car
- Pain and suffering
- Loss of affection or companionship (wrongful death cases)
Wrongful Death Lawsuits
If someone has died due to another party’s wrongful act, neglect, or default, whether in a car accident or any other personal injury scenario, you have a wrongful death claim on your hands.
Wrongful death might occur due to:
- Medical malpractice
- Intentional actions (e.g., criminal conduct)
- Negligence-based accidents (e.g., car accidents)
Illinois law requires that a wrongful death claim be filed by the personal representative (the "executor") of the deceased person's estate. If the person died without appointing a personal representative in their estate plan, the court may appoint one instead.
Wrongful death lawsuits must be filed within 2 years of the person’s death. If the individual died due to “violent intentional conduct,” the statute of limitations is extended to 5 years from the date of the death.
Damages you may recover in an Illinois wrongful death case include:
- loss of financial support you would have received from the deceased (e.g., lost wages, benefits);
- loss of consortium;
- loss of companionship and society;
- loss of instruction, education, and moral training the deceased would have provided to their surviving children; and
- survivors' grief, sorrow, and mental pain and suffering.
There are many nuances involved with filing personal injury lawsuits. It is best to consult an experienced attorney to strategize your case and ensure you are receiving a fair damage award. Matt Walker is highly skilled in courtroom litigation and will fight for your rights to recovery in Illinois court. We will also make sure your insurance company is not low-balling you, and we will inform you of all your rights as an injured person.
Schedule an initial consultation with Matt Walker today to get started on your personal injury case.
Let me champion your rights. Schedule an initial consultation to discuss your case today.Reach Out Now