Frequently Asked Questions About Personal Injury & Medical Malpractice Cases 

What Is a Civil Lawsuit?

A civil lawsuit is a legal action brought when a person suffers harm because of another person’s negligence, carelessness, or wrongful conduct. In personal injury and medical malpractice cases, the injured person is called the “plaintiff,” and the person or company being sued is called the “defendant.”

Civil lawsuits may arise from:

• Car accidents
• Truck accidents
• Medical malpractice
• Nursing home negligence
• Wrongful death
• Slip and fall accidents
• Workplace injuries
• Dangerous or defective products

A lawsuit begins when a legal document called a Complaint is filed with the court. The defendant then has an opportunity to respond to the allegations and defend the case.

At Fogel Law Offices, we represent injured individuals and families throughout Chicago and Illinois in serious personal injury and medical negligence claims.

Do I Have a Personal Injury or Medical Malpractice Case?

Every personal injury or medical malpractice case is unique. In general, three elements must be proven:

Negligence

• A person, business, hospital, doctor, or other party failed to act with reasonable care.

Causation

• That negligence directly caused your injury.

Damages

• You suffered physical, emotional, or financial harm as a result.
  
   

Damages may include:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability
• Loss of normal life
• Disfigurement
• Wrongful death damages

At Fogel Law Offices, we carefully evaluate every claim to determine whether you may have a valid case under Illinois law.

What Happens After I File a Personal Injury Lawsuit?

After accepting your case, our office begins gathering evidence, reviewing medical records, consulting experts when necessary, and identifying all responsible parties.

The lawsuit process generally includes several stages:

Filing the Complaint

The lawsuit officially begins when a Complaint is filed in court and served upon the defendant.

Discovery

During discovery, both sides exchange information and evidence relevant to the case. This process may include:
 

• Written questions called interrogatories
• Depositions under oath
• Medical records review
• Expert witness testimony
• Exchange of documents and evidence

Settlement Negotiations

Many personal injury and medical malpractice cases settle before trial. However, no settlement is guaranteed.

Trial
If a fair settlement cannot be reached, the case may proceed to trial before a jury.

At Fogel Law Offices, we prepare every case thoroughly and professionally as though it may ultimately be decided in court.

Do I Have the Right to a Jury Trial?

Yes. The right to a jury trial is protected by both the Illinois Constitution and the United States Constitution.

A jury hears the evidence presented by both sides, evaluates witness testimony, and determines whether the defendant is legally responsible for the plaintiff’s injuries and damages.

At Fogel Law Offices, we strongly believe that injured individuals deserve the opportunity to have their case heard fairly by a jury of their peers.

How Long Do I Have to File a Lawsuit in Illinois?

Illinois law limits the amount of time you have to file a personal injury or medical malpractice lawsuit. This deadline is known as the “statute of limitations.”

In many Illinois injury cases:
 

• The deadline is generally two years from the date of injury
• Claims involving government agencies or municipalities may have shorter deadlines
• Medical malpractice claims may involve additional legal requirements and filing deadlines

Failing to file within the required time period may permanently bar your claim. It is important to speak with an experienced Chicago personal injury attorney as soon as possible.

Should I Speak With the Insurance Company?

After an accident or injury, insurance companies may contact you quickly and ask for a recorded statement or additional information. Even when insurance adjusters appear helpful, their goal is often to minimize the amount paid on a claim.

Before discussing your injuries or signing any documents, you should consider consulting with an attorney who can protect your interests and advise you regarding your legal rights.

What If the Other Driver Does Not Have Insurance?

Many Illinois drivers carry uninsured motorist (UM) and underinsured motorist (UIM) coverage through their own automobile insurance policies.

These coverages may provide compensation if:
 

• The at-fault driver has no insurance
• The available insurance is insufficient to fully compensate you for your injuries

Many injured individuals are unaware that their own insurance policy may provide important protection after a serious accident.

What Is Negligence?

Negligence occurs when a person or business fails to act with reasonable care under the circumstances, resulting in injury to another person.

Examples of negligence may include:
 

• Distracted or careless driving
• Unsafe property conditions
• Failure to follow safety procedures
• Medical errors
• Failure to properly diagnose or treat a medical condition

In personal injury cases, proving negligence is an essential part of recovering compensation.

What If I Was Partly at Fault for the Accident?

Illinois follows a modified comparative negligence rule. This means your compensation may be reduced if you were partly responsible for the accident.

However, you may still recover damages if you were less than 50% at fault.

Insurance companies often attempt to place blame on injured individuals in order to reduce the value of claims. Experienced legal representation can help protect your rights.

What Is Medical Malpractice?

Medical malpractice occurs when a doctor, nurse, hospital, or healthcare provider fails to provide treatment consistent with accepted medical standards, causing injury to a patient.

Examples of medical negligence may include:
 

• Surgical errors
• Delayed diagnosis or misdiagnosis
• Medication mistakes
• Birth injuries
• Failure to properly monitor a patient
• Emergency room errors

Medical malpractice cases are often complex and require detailed review of medical records and expert testimony.

What Compensation Can I Recover in a Personal Injury Case?

Depending on the facts of your case, compensation may include:
 

• Past and future medical expenses
• Lost wages and loss of earning capacity
• Pain and suffering
• Disability or disfigurement
• Loss of normal life
• Emotional distress
• Wrongful death damages for surviving family members

Every case is different, and the value of a claim depends on many factors, including the severity of the injuries and their long-term impact.

What Is a Wrongful Death Claim?

A wrongful death claim may arise when a person dies because of another party’s negligence or misconduct.

In Illinois, surviving family members may be entitled to seek compensation for:

• Loss of companionship
• Loss of financial support
• Grief and emotional suffering
• Funeral and burial expenses

Wrongful death claims may result from:

• Medical malpractice
• Car and truck accidents
• Workplace accidents
• Nursing home negligence
• Dangerous products

What Are Liens in a Personal Injury Case?

After an injury, medical expenses are often paid initially by:

• Health insurance
• Medicare or Medicaid
• Workers’ compensation
• Automobile insurance

If compensation is recovered in your case, these entities may have a legal right to reimbursement for certain payments they made on your behalf. These claims are commonly referred to as “liens.”

An experienced attorney can often negotiate reductions in lien amounts to help maximize your recovery.

Contact Fogel Law Offices

If you or a loved one has been injured because of negligence, you may be entitled to compensation under Illinois law.

Fogel Law Offices represents clients throughout Chicago and Illinois in personal injury, medical malpractice, wrongful death, and serious injury claims.

Contact our office to discuss your case and learn more about your legal rights and options.