Injured person filling injury form


Stiberth, Scarlati & Boudreau, LLC  June 20, 2024

Getting injured can be a life-altering experience. One moment you're going about your day, the next you're looking at the ceiling in a hospital and trying to figure out what to do next. The confusion that follows an injury can be disorienting, especially when you don’t have someone you can trust to guide you through every step of the process.  

Our Chicago personal injury attorneys at Stiberth, Scarlati & Boudreau, LLC, strive to offer injured victims and their families clarity and confidence. We know that personal injury law can be too complex when faced alone, especially when trying to focus on receiving medical care and getting your life back together.

That is why we are always ready and willing to provide guidance to people who are too overwhelmed and confused to even find the right answers. Our attorneys, with over a hundred years of collective experience, serve clients in Chicago, Illinois, and throughout Cook County and the five collar counties (Kane, DuPage, Will, Lake, and McHenry).  

Frequently Asked Questions (FAQs) About Personal Injury Law

Below are answers to some of the questions that clients often ask our team at Stiberth, Scarlati & Boudreau, LLC, when they first contact us. The answers below are not intended as legal advice and were provided for educational purposes only.  

“If I have a personal injury claim, how can I prove it?” 

Proving a personal injury claim involves demonstrating that the other party was negligent and that their negligence caused your injuries. Here are the specific elements you need to prove: 

  1. Duty of care: You must prove that the other party (defendant) owed you a duty of care.  

  1. Evidence of negligence: You must show that the defendant breached their duty of care. 

  1. Causation: You need to establish a direct link between the defendant's negligence and your injuries. 

  1. Damages: You need to demonstrate the impact of your injuries on your life through medical records, bills, and personal accounts.  

Our attorneys at Stiberth, Scarlati & Boudreau, LLC, can help you prove each of these elements by leveraging our legal skills and resources.  

“How much can I recover if I file a personal injury claim?” 

The amount you can recover depends on many factors, including the severity of your injuries, past and future medical expenses, whether your injury affects your ability to work, and how your injury has affected you physically, emotionally, and psychologically.

Every case is unique, so it's difficult to provide a specific number without evaluating the details of your situation. That’s where our attorneys at Stiberth, Scarlati & Boudreau, LLC, come in—to help assess your case and fight for the maximum compensation to which you are entitled. 

“Am I entitled to compensation if I was partially to blame?” 

Yes, you may still be entitled to compensation even if your own negligence contributed to your injuries. This is known as modified comparative negligence under Illinois law (735 ILCS 5/2-1116). In other words, as long as you are less than 50% at fault, you can still recover damages, but your compensation will be reduced by the percentage of your fault.  

“Should I contact a personal injury attorney?” 

Absolutely. Navigating a personal injury claim on your own can be too overwhelming. At Stiberth, Scarlati & Boudreau, LLC, we offer free consultations to discuss your case and provide guidance and support throughout the entire legal process. Our Chicago personal injury lawyers can explain your rights and legal options, build a case for you, and negotiate with insurance companies on your behalf so you can focus on your health and recovery.  

“Can I talk to the insurance company before contacting an attorney?” 

While it may seem like common sense to speak with the insurance company right away, it's often best to consult with an attorney first.

Insurance companies are focused on minimizing their payouts and might use your statements against you. When you have legal representation, you can refer the insurance adjuster to your attorney to avoid giving any statements yourself. This ensures that you don’t inadvertently weaken your personal injury claim by saying something that you shouldn’t have.  

“Will my case go to trial?”

It could, but—statistically speaking—it’s unlikely. Most personal injury cases are settled out of court through negotiations. However, when a fair settlement cannot be reached, the case may go to trial. At Stiberth, Scarlati & Boudreau, LLC, our goal is to achieve the best possible outcome for you, whether through settlement or litigation.

We have more than 100 years of combined experience representing injured victims in and outside the courtroom.  

“How long after an injury do I have to file a personal injury lawsuit?”

The statute of limitations for personal injury claims in Illinois is two years (735 ILCS 5/13-212). This means that you have only two years from the date of your injury to sue the negligent party. While two years might seem like a long time, it can pass by quickly when you're dealing with the insurance company and undergoing medical treatment.  

“How much do I have to pay a personal injury lawyer for handling my case?” 

At Stiberth, Scarlati & Boudreau, LLC, we work on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win your case. Our fees are a percentage of the compensation we secure for you, making legal representation accessible without financial risk. 


If the FAQ section above didn’t address your question or you need more detailed information, consider contacting our lawyers at Stiberth, Scarlati & Boudreau, LLC. We see it as our ultimate goal to help our clients spend as little time as possible between filing a claim and getting the full compensation they deserve.

Feel free to schedule a free consultation with our Chicago personal injury attorneys to go over your situation in detail.