You deserve to be compensated when someone’s negligence or wrongful actions injure you. Illinois law gives you that right. However, insurance companies are in business to make money, so they work hard to pay you as little as possible for your damages.
At Mark L. Karno & Associates, LLC, our Evanston car accident attorneys have been protecting the rights of injury victims and their families for over 30 years. We know all the tricks insurance companies use to deny, delay, and devalue claims, and we know how to hold them accountable for paying the full value of our clients’ claims.
We have a proven record of securing maximum compensation for our clients. We want to do the same for you. Call (312) 701-0090 or complete the short form on our contact page and schedule a free consultation to discuss your Evanston personal injury claim.
Benefits of Choosing Mark L. Karno & Associates, LLC
- Experience– Our Evanston personal injury lawyers have over 100 years of combined experience protecting the rights of injury victims.
- Results– We have a proven record of securing maximum compensation for our clients, having recovered numerous multi-million dollar verdicts and settlements.
- Integrity– We only take your case if we believe it has merit and that we can help you recover the full value of your claim.
- Affordability– We will handle your case on a contingency-fee basis and will pay all costs of pursuing your claim in advance. You will pay nothing until we recover compensation on your behalf.
How An Evanston Personal Injury Lawyer Can Help You
Insurance companies will not typically hand over payment for the full value of your damages willingly. They will try to settle your claim for as little as possible. You need the help of an experienced Evanston personal injury lawyer to hold them accountable, build your best case, and secure maximum compensation for your damages.
Determining the Value of Your Evanston Personal Injury Claim
A personal injury lawyer or insurance company may calculate a personal injury claim by separating financial losses from personal losses. Financial losses include medical bills, lost income, repair costs, and other documented expenses. Personal losses include pain, emotional distress, physical limitations, and loss of normal daily activities.
Insurance companies most often use a multiplier method to estimate pain and suffering. Under this approach, they multiply the injured person’s medical expenses by a number based on the seriousness of the injury, length of treatment, recovery time, and long-term impact. They may also use a daily rate method, sometimes called a per diem method. This assigns a dollar amount to each day the injured person experiences pain or limitations, then multiplies that amount by the length of recovery.
These methods do not guarantee a fair offer. Insurance companies often choose numbers that benefit them, which makes careful documentation and legal review critical.
Important Steps to Take After a Personal Injury in Evanston
The steps taken after an accident can affect your health and your ability to recover compensation.
Get Medical Attention Quickly
Prompt medical care protects your health and creates a record of your injuries. Delayed treatment can also give an insurance company an opportunity to argue that your injury was not serious or was not related to the incident.
Report the Incident
Report the accident to the proper party. For a vehicle crash, contact law enforcement so an official report can be created. For a fall in a store, restaurant, apartment building, or public place, notify the manager or property owner and ask for an incident report.
Preserve Evidence
Take photographs or videos of the accident scene, visible injuries, vehicle damage, unsafe property conditions, weather conditions, or anything else related to the incident. If witnesses saw what happened, collect their names and contact information.
Keep Records
Save medical bills, discharge papers, prescriptions, work restriction notes, repair estimates, and insurance correspondence. These records can help show the financial impact of your injury.
Avoid Early Settlement Offers
Insurance companies may offer quick settlements before you know the full extent of your injury. Accepting an early offer can prevent you from recovering more compensation later if symptoms worsen or additional treatment becomes necessary.
Speak With an Evanston Personal Injury Attorney
An attorney can review the facts, communicate with insurance companies, and determine whether a settlement offer reflects the full value of your claim.
Key Factors That Impact Compensation in Evanston Personal Injury Cases
Several factors can increase or decrease the amount of compensation available in your Evanston personal injury case.
Injury Severity
More serious injuries generally increase claim value. Injuries involving surgery, permanent impairment, nerve damage, scarring, or long-term pain often require higher compensation than injuries that heal quickly.
Lost Income and Work Limitations
Your claim may have greater value if the injury prevents you from working or limits your future earning ability. Work restrictions, disability ratings, and medical opinions can help support these losses.
Strength of Liability Evidence
Clear evidence that another person or business caused your accident can strengthen your claim. Police reports, surveillance footage, photographs, witness statements, and expert opinions may all help establish fault.
Shared Fault
Illinois follows a modified comparative negligence system. If you share fault for the accident, your compensation may be reduced by your percentage of responsibility. If you are more than 50% responsible, Illinois law may bar you from recovering compensation.
Insurance Coverage
Available insurance coverage can affect how much compensation you can realistically recover. Some cases involve multiple policies, while others require additional investigation to identify all responsible parties.
Common Personal Injury Cases We Handle in Evanston
At Mark L. Karno & Associates, LLC, our Evanston personal injury lawyers handle a wide array of personal injury cases. Some of the most common include those arising from:
- Motor vehicle accidents, including passenger cars, SUVs, trucks, commercial trucks, and motorcycles.
- Premises liability claims, such as slip and fall accidents, negligent security, pool accidents, and more.
- Medical malpractice claims.
- Product liability injuries.
- Workplace accidents.
- Nursing home abuse and neglect.
- Cruise ship injuries.
The Personal Injury Claims Process in Illinois
Each Evanston personal injury case is unique, and the claims process can vary depending on the exact facts of your case. However, in most cases, we follow the same general process.
First, we will investigate your accident. We visit the accident scene, photograph the scene, interview witnesses, and take steps to preserve vital evidence before it is destroyed or lost. We will obtain police reports, medical records, surveillance footage, maintenance records, and other relevant evidence. We identify all possible causes and potentially liable parties so that all at-fault parties can be held accountable.
Next, we work to establish your damages. We consult with doctors to understand the full extent of your injuries, your prognosis, and what future treatments you will likely need. Then we calculate your lost wages and earning capacity, and how your injuries have affected your daily life. We often work with medical and economic experts to ensure all your damages are identified and accurately valued.
Then, we send a demand letter to the insurance company. The demand letter outlines our view of the case, including what happened, why the insured is liable, the damages you have suffered, and the compensation we are seeking. We will include evidence to support our case, including medical records, expert reports, witness statements, photographs, and any other materials we’ve gathered.
After the defendants have received our demand letter, we begin negotiations. The insurer will likely reject our initial demand or make a lowball counteroffer. We continue negotiations. We know what your case is worth, and we don’t accept inadequate offers.
If negotiations don’t lead to a fair settlement, we file a lawsuit. Filing suit doesn’t mean we’re going to trial immediately. Most cases still settle after filing. But it demonstrates to the insurance company that we are serious and willing to take this all the way.
Discovery follows filing. This is where both sides exchange evidence and information. We take depositions, serve interrogatories, and request documents. The insurance company does the same. This process can take months, but it’s crucial for building your case.
Mediation or settlement conferences often happen before trial. A neutral third party tries to help both sides settle. We will participate in good faith, but we won’t accept an unfair offer just to avoid trial.
Trial is where we present your case to a jury if we can’t reach a fair settlement. We call witnesses, present evidence, cross-examine the defense’s witnesses, and make arguments. Our trial experience and track record of seven-figure verdicts mean insurance companies know we’re not bluffing when we say we’ll take a case to trial.
Throughout this entire process, we keep you informed. You decide to accept an offer or proceed to trial. We advise you based on our experience, but it’s your case and your choice.
Proving Negligence in an Evanston Personal Injury Case
Most personal injury cases are based on negligence. To be successful in a negligence claim, you must prove that four elements exist:
- The defendant owed you a duty.
- The defendant breached that duty.
- The defendant’s breach of duty was the cause of your accident and injuries.
- You suffered actual damages caused by the defendant’s breach of duty.
These elements seem straightforward. However, they can be challenging to prove and are often contested. You need the help of an experienced Evanston personal injury attorney to build your strongest case and help secure the full value of your claim.
Contact Our Personal Injury Attorney in Evanston Today
If you have been injured in an accident caused by another party’s negligence or wrongdoing, we want to help you. We have the experience, skills, and resources to recover the full value of your claim.
Call (312) 701-0090 or visit our contact page and schedule a free consultation to discuss your claim.