In 2014, Justin Wojtkowski, then age 29, was driving towards downtown Chicago on I-55 when traffic came to a halt. Wojtkowski’s vehicle was rear-ended by a Will County police car. Although he survived, Wojtkowski sustained a lower-back injury in the crash. Wojtkowski’s doctor determined the injury would gradually worsen over time and would shorten his career by ten years.
Wojtkowski, who works as a pipefitter and welder for ExxonMobile, sought compensation from Will County. Wojtkowski was able to successfully pursue his personal injury case, and in January 2019, he was awarded $1.95 million in compensation.
How do you know if you, like Wojtkowski, have a personal injury case? There are a wide variety of situations which count as personal injury cases, including motor vehicle accidents, bicycle accidents, animal attacks, injuries resulting from a defective product, injuries resulting from dangerous conditions on someone’s property, medical malpractice, and neglect in a nursing home. You would pursue a personal injury case to receive compensation for losses—past, present, or future—that result from the incident. Examples of what you can be compensated for includes loss of earnings, pain, disability, disfigurement, emotional distress, medical bills, reduced enjoyment of life, and losses resulting from relationships with your loved ones.
In Illinois, there is a two-year statute of limitations on filing a personal injury lawsuit. In most instances, the clock starts ticking from the time of the accident. In certain cases, however, it may begin on the “discovery date”—the date you learned you were injured. To sue the state of Illinois, you must file a claim within the first year, but you have two years to begin formal proceedings. For claims against a county or city, the statute of limitations is shorter, at only one year.
To successfully pursue a personal injury lawsuit based on negligence, you will need to meet four requirements with clear evidence and solid testimony. First, you will have to prove the party responsible had a duty to act with all reasonable caution. Second, you need to show the responsible party acted without due care or deviated from their duty in some other way. Third, you will need to show your injury was the direct result of this breach of duty. Finally, you will have to prove your injury has adversely affected your life.
The party responsible may counter by claiming that the cause of your injury lies partially or totally with you. In these instances, a court in Illinois may apply the “modified comparative fault” rule. For instance, if the court determines you were 25 percent responsible for the accident, they will reduce the damages you are awarded by that amount. So, what would have been a $1 million settlement would be reduced to a $750,000 settlement. If, however, the court determines you were at least 50 percent responsible for the injury, you will receive nothing.
It is important to be aware of any weaknesses in your case before going forward with legal action. Weaknesses may include saying too much to the responsible party’s insurance company, not seeing medical attention after the incident, and sharing too much information—or information which contradicts your story—on social media. Remember to find an attorney skilled in personal injury cases to assist you; they will help you navigate the legal system, assess your case for any weaknesses, and fight to make sure you receive the best outcome possible.
