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Overview Of Illinois Tort Law

A tort is when someone is legally responsible for harming someone else, either because of something they did or something they did not do. In other words, they were negligent and someone was injured as a result. Tort law is also called personal injury law, and the cases generally are handled by personal injury attorneys. An injury case can be against a person, a business, or a government entity such as a city or county. The injury can be to a person, or damage to property.

The category of injury law is broad and often divided into smaller categories, such as medical malpractice, product liability, sexual abuse, etc. Cases that do not fall into these categories – such as car accidents, slip and fall cases, etc. – are generally called accident or personal injury cases. If an injury results in death, it usually falls under the category of wrongful death.

An attorney might handle many types of injuries, or just one. Generally speaking, the fewer areas of law an attorney focuses on, the better. In our opinion, a narrow focus allows an attorney to gain a greater depth of knowledge in a particular area.

Injury attorneys generally charge on a contingency fee basis. This means there is no fee unless you win. You may see injury attorneys advertise “No fee upfront.” It’s not a special deal, but rather the norm. Hourly fees might be charged if your case is small and a contingency fee wouldn’t be worth it for an attorney. You’ll also pay an hourly fee if you are defending yourself against a lawsuit.

When looking for a tort or injury attorney, start with experience. Not only should your injury attorney have many years of experience, but it’s also good if they have experience with your particular type of injury. If you have a case for nursing home abuse, find a lawyer with a real track record of success as a nursing home abuse attorney. Next, set up an initial consultation. This should be completely free. Prepare for the meeting by having a list of questions. During the meeting, ask about everything from strategy and experience to customer service and how the attorney stays in contact with his or her clients during a case.

Lawsuits have expiration dates. If you don’t sue by the deadline, your chance is lost. These are called statutes of limitation, and they vary depending on the type of case you have. The statute of limitation on a typical injury case is about two years. It can be longer or shorter, however, depending on who you are suing, how old you are (minors have longer), and other factors. The statute of limitations on sexual abuse, for example, can be 30 years or more. It’s important to see an attorney at the beginning so you know your deadline.

There are other reasons for getting legal advice early on – there are things you can do to help your case, and things you should avoid so that you don’t harm your case. If you would like to speak with an attorney for a recommendation, contact us at 800-517-1614 or fill out our contact form online. You can talk with one of our experienced lawyers for free.

Since 2001, findgreatlawyers.com has been the top source for Illinois legal information and attorney referrals. Our service lets you speak with a lawyer for free, ask questions and get a recommendation for an experienced law firm that is right for your case. If you would like our help please contact us at (800) 517-1614. All inquiries are confidential.


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