As you may know, it can be difficult to understand the variety of moving parts in a personal injury case. It’s even more difficult when you may be suffering from an injury. In this blog, we will explain the Illinois statute of limitations, personal injury protection, and the role that insurance companies play in the process as a whole.
In the event that you need representation or would like to speak with an experienced Chicago personal injury lawyer, please feel free to contact us for more information regarding your case.
What is a Statute of Limitations?
Laws known as statutes of limitations define how long a person has to launch a lawsuit against a business or person. It is no longer feasible to submit a claim or case relating to the claimed occurrence or event once this window of time or the applicable legal deadline has elapsed.
If the statute of limitations for medical malpractice in one state is two years, for instance, and you bring a claim two years and one day after the alleged occurrence, you’re out of luck. With very few circumstances, a lawsuit cannot be brought against a doctor or hospital after the statutory 2-year period has elapsed.
The statute of limitations for personal injury cases in the state of Illinois is two years. This includes wrongful death suits. The statutes of limitations change slightly if you’re attempting to bring a personal injury claim against the state of Illinois. The Illinois Tort Immunity Act can be studied in its entirety to have a better understanding of what you’re up against. But as it relates to this legislation, the statute of limitations can be summed up as follows:
- Any civil action against a municipal entity or any of its employees for any harm, other than one listed in paragraph B, must be filed in a court within a year of the day the injury occurred or the cause of action arose.
- No action for damages for injury or death arising from patient care shall be brought more than two years after the date on which the claimant knew, or by the exercise of reasonable care should have known, or received written notice of the existence of the injury or death for which damages are sought in the action. However, such a lawsuit cannot be filed more than four years from the date of the act, omission, or another incident that is claimed to be the reason for the harm or death.
Related Article: ILLINOIS PERSONAL INJURY CLAIM PROCESS TO GET MAXIMUM COMPENSATION
What is Personal Injury Protection (PIP) Coverage?
Personal Injury Protection (PIP) Coverage is a form of personal injury insurance that is usually purchased for use with a vehicle. Your medical expenses and lost income are covered by personal injury protection insurance if you or your passengers are hurt in a car accident. In most states, personal injury protection is not required. In 16 states, however, it is mandated that you have a minimum level of PIP coverage. PIP insurance coverage may overlap with your established health insurance, even if Illinois is not one of those states, yet there are situations when having several plans is advised.
When you and your passengers are hurt in a vehicle accident, personal injury protection, often known as no-fault insurance, pays your medical bills and rehabilitation expenditures. PIP also applies if you are hit by a car while a pedestrian, biker, or passenger is in another person’s vehicle. PIP insurance is distinct from bodily injury liability insurance in that, whereas liability insurance covers the costs of other people’s injuries when you are at fault for an accident, PIP coverage only covers your own.
Some of the coverage provided by your health insurance or medical payments policy may also be covered by PIP insurance. PIP insurance, on the other hand, is intended expressly for auto-related injuries, which are occasionally excluded from health insurance policies. PIP insurance also covers a variety of other costs that health insurance does not. If you reside in one of the 16 states that mandate PIP coverage, you must first submit a claim to that insurance before contacting your health insurance. Even if it isn’t mandated in your state, PIP insurance still has a number of advantages over health insurance, including coverage for missed income and burial expenses.
Related Article: WHAT TO DO AFTER A CAR ACCIDENT
How to Deal With the Insurance Company in a Personal Injury Case?
Personal injury insurance companies can be somewhat difficult to deal with, which further necessitates the help of a personal injury attorney.
You may use this knowledge to your advantage to negotiate the finest personal injury settlement if you have a grasp of how insurance companies operate and the motivations of the insurance adjuster. There are a few crucial factors to think about.
You’ll want a personal injury attorney, as we previously said. This communicates to the insurance provider that you value your rights and will file a lawsuit if you don’t receive a just settlement. Your attorney can utilize their knowledge to your advantage by figuring out the best settlement for your particular situation.
Make sure you have convincing proof of both your guilt and the severity of your injuries. To maximize your rehabilitation, keep journals, photos, medical records, and itemized accounts of all expenses paid and time missed at work.
A demand letter should also be taken into consideration. In this letter, you explain the facts of the occurrence at issue and outline the terms of a settlement that you are willing to accept. If you send an insurance adjuster a personal injury demand letter, talks might start at a price you feel is reasonable, not one the insurance adjuster deems suitable.
What is Personal Injury Demand Letter?
A personal injury demand letter initiates the process of negotiating a potential settlement by informing the other party that you are seeking damages in connection with an injury. A well-written and professional-looking demand letter to an insurance company for a personal injury can pave the way for a speedy settlement procedure, but one that is ill-conceived or badly formatted may potentially work against you. Let’s examine the proper format for each section of a demand letter as well as an example of a personal injury demand letter.
When requesting compensation for a personal injury, you utilize a demand letter. The two-year statute of limitations in Illinois applies to personal injury lawsuits, so you’ll want to submit the letter while there is still enough time for a lawsuit to be filed if the other party won’t settle. The personal injury demand letter acts as notice of the terms of the settlement offer you are making for your claim.
Read More: STEPS TO PROTECT YOUR PERSONAL INJURY CLAIM
Contact Experienced Personal Injury Lawyers in Chicago
It’s always in your best interest to have someone in your corner when you’re dealing with the statute of limitation requirements, insurance companies, and personal injury laws. It’s for this reason that we offer our services as Chicago personal injury attorneys. We’ve been involved in a variety of cases that span the depth and breadth of personal injury lawsuits. Contact us today for a free consultation.
