Chicago Personal
Injury Attorney Blog

According to Public Citizen (which is a national non-profit, public interest organization) rollovers are among the most survivable of all crash types when aggressive, yet inexpensive standards are applied.

Public Citizen has estimated the costs to improve roof crush resistance and make the vehicle safer to be approximately $100 per vehicle.

While NHTSA has made some changes to roof-crush prevention standards, Chicago personal injury attorneys agree with critics that the new laws offer minimal advances (if any) in the name of public safety. Moreover, these laws further shield auto manufacturers from requirements that would significantly reduce the rates of injury and death.

What Illinois personal injury lawyers can prove about the risk: The Jordan Rollover System is a repeatable, dynamic rollover crashworthiness test that quantifies the strength of the roof. It can accurately determine a roof’s resistance to crush. So why isn’t it required for all manufacturers?

The basis of every lawsuit brought by a Chicago personal injury attorney against auto manufacturers in rollover cases continues to be what the manufacturers knew (and continue to know) about the risk of rollover, and the safety precautions necessary to prevent them.

If you or a loved one were injured in a rollover accident, or simply want to know more about roof crush and manufacturing standards for new automobiles, contact a Chicago personal injury attorney who specializes in these types of cases. In and around the state of Illinois, personal injury lawyers are already fighting for tougher standards. Find out what you can do to help.

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Chicago personal injury attorneys often represent victims of tragic automobile accidents. What is often a secondary tragedy is the fact that many severe, and often fatal, crashes could have been prevented, as is the case in many rollover and roof crush accidents.One-third of all motor vehicle deaths are attributed to rollovers; an estimated 10,000 annually. Another 16,000 are injured in rollover accidents each year. But rollovers represent only 4% of all crashes. Illinois personal injury lawyers ask you to consider the facts.

In a June 2003 report by the National Highway Traffic Safety Agency (NHTSA) - titled “Initiatives to Address the Mitigation of Vehicle Rollover” - the agency describes its mission as follows:

“…to save lives, prevent injuries and reduce traffic-related health care and other economic costs. The department develops, promotes, and implements effective educational, engineering and enforcement programs aimed at ending preventable tragedies and reducing the economic costs associated with motor vehicle use and highway travel.”

A lofty goal, yet the NHTSA has thus failed to enact heightened mandatory standards for rollover protection and crashworthiness; recommendations that consumer safety organizations and members of Congress have argued would save lives.

In the next few posts, our Illinois personal injury lawyers will discuss the tragic facts related to rollover crashes. It is important to understand how the law applies in these cases, and what lawmakers are currently doing to enact better standards – standards which will protect citizens, not automobile manufacturers (as some may argue is currently the case).

For more information regarding Auto Products Liability or Rollover Accident Lawsuits, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers have your interests at heart, and will work tirelessly to ensure you receive the compensation you deserve if you or someone you lover were injured in an auto accident.

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At times, a personal injury case against a company or other entity may not warrant representation by an Illinois personal injury lawyer. If the medical bills and injury are not sufficient to warrant the high expense of gong through the court system where you are represented by a Chicago personal injury attorney, you may consider small claims court.

Filing a case in Small Claims Court is relatively inexpensive and is designed for cases to be prosecuted without an Illinois personal injury lawyer. (Small Claims Court is like the People’s Court on TV.) This is especially applicable when you are suing a company who is likely to have Medical Payment Coverage. If they do, that would cover your medical bills even if defendant was not negligent. Usually companies have a medical payment coverage provision in their policy covering about 5 to 10,000 in bills.

If there is no coverage for MPC (medical payment coverage) you will have difficulty in this type of case because you will have to prove defendant was negligent. They will claim they were not careless or negligent, and you may then need representation by a qualified Chicago personal injury attorney.

Proving negligence or carelessness can be complicated. In Illinois, personal injury lawyers are very familiar with these cases and can usually offer good advice. Consider the merits of your case, and the extent of the costs associated with your injury, and you can determine whether or not to represent yourself in small claims court.

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Nothing is more heartbreaking to a parent than when a child is injured.  However, accidents happen, and at times they are due to the carelessness or negligence of another, and justice must be served.

If your child was injured in an accident for which you are seeking restitution, there is a good chance you will be very emotionally connected to the case. You will need a dedicated Illinois personal injury lawyer to help your child receive the compensation she deserves.

It is important to understand how a settlement works in the case of a minor. If you live in or around Chicago, personal injury attorneys can help you fully understand the options available. When a child’s case settles, most states require that the money is placed into a fund that can only be distributed once the child reaches age 18.  This applies to a “lump sum” settlement.

Some Chicago personal injury attorneys recommend a different avenue in the case of an insurance settlement: have the defendant’s insurance company purchase an annuity which will pay your child compensation at the age you select (the minimum still being age 18). Thus, you gain more control. This is a great alternative because your child will earn tax-free interest at a much higher rate. Make sure the annuity is from a triple-A rated company.

If your child has suffered an injury at the fault of someone else, contact an Illinois personal injury lawyer who specializes in these types of cases. He will help you best protect the interests of your child.

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PUSHING PAIN MEDS OVER SURGERY

Chicago personal injury attorneys often specialize in Worker’s Comp cases and can answer virtually any legal question you may have. The following is another answer to an interesting question from one of our readers:

“I have a repetitive wrist injury and would like to have surgery but my workers comp carrier wants me to remain on pain meds instead. Can they dictate my care?”

Chicago Personal Injury Attorney: “Let’s make clear that it makes no difference whether your injury is repetitive in nature, or whether it’s a specific incident of trauma. Under Illinois law, both the repetitive or cumulative trauma injury, and the specific incident of trauma meet the definition of a work accident under our [Illinois] Workers Compensation Act.

In terms of your choice of medical treatment, Illinois allows for employee choice of doctor. I believe that’s now the minority rule. Most states permit the employer to pick the treating doctor. That’s not the case here. As long as the prescribed course of treatment is reasonable, necessary, and causally related to your work injury, you’re entitled to rely on the opinion of your own doctor as to the prescribed course of treatment. If there is a dispute over what type of treatment you should have, you are entitled to a hearing before an arbitrator before the Illinois Workers Compensation Commission. The arbitrator will decide, essentially, which doctor to believe, whether it’s the treating physician or the ‘hired gun’ from the insurance company who doesn’t want you to have surgery.”

If you have questions about a Workers Compensation case in Illinois, personal injury lawyers can greatly assist you.

For more legal questions answered by a Chicago personal injury attorney, visit our “Ask an Attorney” audio feature.

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INJURED AT PHYSICAL THERAPY 

Illinois personal injury lawyers specialize in Worker’s Comp cases and can answer virtually any legal question you may have. The following is an answer to an interesting question from one of our readers:

“While in physical therapy for a work-related back injury, a weight machine broke causing new injuries to my neck and shoulder. Are my new medical bills covered by workers’ comp?”

Chicago Personal Injury Attorney: “It’s not unusual for someone to be injured during physical therapy while recuperating from a work injury. What’s important is that the physical therapist documents the fact that there was an accident or injury during the physical therapy. Now, in the facts that you described, a machine broke, so it would be very hard to deny that something happened. As long as there is a direct causal chain, linking your current condition of ill-being with the original work injury, there should be no problem getting those injuries covered.

“In addition, [based] on these facts, it’s quite possible that you might have an entirely separate lawsuit against either the manufacturer of the machine for creating an unreasonably dangerous or defective product, or perhaps against the people who maintained or repaired that machine, if they did it negligently. Now that would be an entirely separate lawsuit which would entitle you to a trial by jury, and full compensation for things like pain and suffering, mental anguish, full wage replacement – things you don’t necessarily receive in a worker’s compensation case.”

If you have questions about a Workers Compensation case in Illinois, personal injury lawyers can assist you. For more questions answered by a Chicago personal injury attorney, visit our “Ask an Attorney” audio feature.

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Construction injuries can be among the most devastating in any industry. Work sites are often rife with hazards, and when seriously injured, tradesmen risk losing their entire career.  Chicago personal injury attorneys are compassionate toward those in the labor industry, and fight aggressively for just compensation.

Some Illinois personal injury lawyers have refused to represent clients due to the nature of their claim, or because the Defendant involved. Some have even told potential clients their case will “take too long to settle” or that the company is “too large to sue successfully.” These claims are bogus. If you were injured on a construction site and face losing your job or possibly your entire career, you shouldn’t be intimidated by the type of trial you will have to face. If you deserve compensation, you will need a competent Chicago personal injury attorney by your side.

Our Illinois personal injury lawyer says “There is no such thing as a case that will take too long to settle, or a company who is too large to sue.  That should not be the basis for which you decide whether or not to pursue justice.”  He explains that the larger the company, the easier it should be to receive proper compensation, since they are more likely to have proper insurance and sufficient funds to cover such a circumstance.

The only reason not to file a claim would relate to the validity of a claim.  An experienced Chicago personal injury attorney can help you evaluate whether your case warrants a jury trial according to the laws of the state.

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The Purpose of Statutes of Limitations

We learned in the last post about the different statutes of limitations for filing an injury claim in Illinois. Personal injury lawyers are your best source for determining which statute applies to your case, and ensuring claims are filed appropriately.

You may wonder why these deadlines exist at all. Why should there be a time limit on seeking compensation if you are injured at the fault of someone else?

There are several good reasons these statutes exist. First and foremost, they are meant to promote fairness. It is only logical that over time, memories can fade, evidence may degrade or disappear completely. The sooner a lawsuit is filed after an injury, the better. Witnesses are more readily available, and medical records of an injury and physical records of the accident are more current.

There is also the issue of closure. After an accident, all parties should desire closure as quickly and efficiently as possible. The at-fault party will not want to postpone judgment, as he or she is likely anxious to move on. If there comes a time you are at fault for an accident causing injury, you will likely want closure as well, without worrying about a case being filed years later.

Finally, an injured party has a duty of diligence. They should pursue action with as much speed and efficiency as possible.

In the case of a severe or chronic injury, however, an injured party may not be physically capable of aggressively pursuing compensation promptly, if at all. This is why hiring a Chicago personal injury attorney can be especially helpful. He or she will be proficient in all legal proceedings associated with such a claim, and can fight for justice while the injured party focuses on healing.

If you have a question about the statutes of limitations for a potential case, contact a Chicago personal injury attorney today. Remember, time is of the essence in any personal injury case.

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Defining “Statutes of Limitations”

A common phrase heard in a personal injury case is “Statute of Limitations”.  Chicago personal injury attorneys rely on the statutes of limitations as defined by law in Illinois. These are the laws that regulate the deadline or maximum period of time in which a lawsuit may be filed. The deadlines vary depending on the type of case, especially against whom it is filed.  If a lawsuit is not filed within the time period designated, the right to file is forfeited. There are very few circumstances in which the deadline may be extended.

If you have a question about the statutes of limitations for a particular case in Illinois, personal injury lawyers can help you understand the legal guidelines.

As a general rule, the statutes of limitations in personal injury cases are as follows:

• General Injury (such as an auto accident) – 2 years
• Against the CTA – notice in 6 months (filed by attorney); claim filed within 1 year
• Against the city or other public entity – within 1 year
• Against a general contractor on a construction site – 4 years
• Products liability (against the manufacturer of a product) – 2 years
• Premises liability (against a property owner) – 2 years
• Workers compensation – 3 years

The most common statute of limitations for a personal injury case is 2 years. But if you are curious about a specific situation, you should contact an Illinois personal injury lawyer. He or she will be familiar with the guidelines for each type of case and can typically offer you free advice. Remember, by contacting a Chicago personal injury attorney right away, you can avoid missing any crucial deadlines which would prevent you from seeking any compensation.

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Elements of a Jury Trial

According to Chicago personal injury attorneys, juries tend to favor defendants in premises liability cases. They will rarely believe a plaintiff solely on his or her testimony. This is why it is vital to document the scene of an injury as well as possible, to help prove your case. In Illinois, personal injury lawyers can offer strong advice on how to best collect evidence in support of your case.

We’ve learned that premises liability (or unsafe premises) cases can be among the most difficult to win in a jury trial. A major point that any person must prove in order to prevail in a premises injury claim is called notice. The owner must have notice that the condition existed before he or she will be found liable. In other words, your Illinois personal injury lawyer must show the jury that the owner or possessor of the property or the general contractor knew or should have known of the unsafe condition.

While the Defendant may have a duty to exercise reasonable care for your safety, the jury will be instructed that you have the same duty. The Defendant normally accuses the Plaintiff of not keeping a proper lookout, not asking his union steward or foreman to change the job conditions and/or not attempting to prevent the accident.

Under Illinois law, jurors will subtract from any jury verdict the percentage of fault that they attribute to the Plaintiff. For example, if you have a $300,000 jury verdict and the jury finds you to be 50% at fault, they will reduce the verdict to $150,000.

Jury trials can be complicated. If you were injured as the result of an unsafe condition, you should contact Chicago personal injury attorney who specializes in these types of cases in Illinois. Personal injury lawyers can help you obtain just compensation according to the law.

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