Understanding the Statute of Limitations in your state is crucial if you have been injured or experienced mental distress in an accident or as the result of a violation of your rights. If you live in Illinois, personal injury lawyers can give you a detailed explanation of the statutes of limitations as they apply in your jurisdiction.
It is important to realize that you have a limited time to file a claim if you have been injured. This limit is referred to as the statute of limitations. It varies from state to state and is also dependent upon the type of claim. Generally, all victims have at least a year (but usually between one and three years, depending on the injury) from the day the injury was discovered to file a lawsuit.
If this time frame is not met, the defendant will more than likely move to have the case permanently dismissed because it did not fall within the time allotted by the Statute of Limitations. In other words, if you don’t file as soon as possible, you may not be able to receive compensation for your injury. It is crucial to contact a Chicago personal injury attorney if you live in Illinois.
One important distinction to understand in regards to the statute of limitations is that, in cases where an injury is not discovered immediately, the statute of limitations begins on the day that the injury is discovered. But once symptoms are realized, the legal clock begins ticking. It is vital to seek medial attention immediately, making sure that any treatment is well documented – and then find a Chicago personal injury attorney who is experienced in your type of case. Illinois personal injury lawyers will see your case through and stay aware of any time limitations that may affect your claim.
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If you have been injured as the result of the negligence of another, you may be considering contacting a Chicago personal injury attorney if you live in or near Illinois. Personal injury lawyers can weigh the evidence in your case and give you sound advice as to whether or not you should pursue a case. If you do decide to go forward with a lawsuit, with the help of your lawyer, you may eventually receive a monetary award as a result of the final outcome of the litigation.
Understanding the different types of damages that may be awarded will give you an idea of what to expect if and when your case goes to court. There are two main types of person injury damages – punitive and compensatory. Today we will give a cursory definition of compensatory damages, also known as “actual” damages. Illinois personal injury lawyers will be able to delve further into the differentiation between the two kinds of damages that may be awarded.
The purpose of compensatory damages is to compensate for all monetary expenses and physical and emotional ailments that have occurred as a result of the injury. These generally include actual financial losses such as the recovery of loss of wages, loss of profits, medical bills and the costs of repairing or replacing damaged property. But compensatory damages also help to cover the emotional costs of the injury, such as pain and suffering, mental impairment and emotional distress that can lead to long term depression and anxiety. It is the purpose of this type of compensation to cover any and all actual expenses, while using certain formulas to determine the costs to the plaintiff in the future.
In personal injury cases, these damages are often received through a settlement offered by an insurance company. But if the case goes to trial, the compensatory damages may be decided on by a jury. If you have been injured in an accident that was not your fault, contact a Chicago personal injury attorney with experience in your type of litigation as soon as possible.
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In a previous post, we discussed the two types of damages that may be awarded to a plaintiff in a personal injury lawsuit. The first type of damages, that cover the actual costs of the financial, physical and psychological effects of the injury, are called compensatory. If you have further questions about compensatory damages, contact a Chicago personal injury attorney if you live in Illinois. Personal Injury Lawyers can explain the concept in detail and answer any other questions that may arise on the topic of financial awards.
The second type of damages, however, are extremely serious and are expected to be awarded with a measure of restraint. Punitive damages, as the name implies, are awarded as a way of punishing the defendant when his or her conduct has been deemed malicious or oppressive. This money is awarded to the plaintiff in addition to the compensatory damages, and is meant to be more of a deterrent to both the defendant and others who might engage in similarly dangerous actions. Be sure to choose a lawyer from Illinois personal injury lawyers who have experience in your type of case and have had success winning punitive damages when appropriate.
An example of a case where punitive damages might be awarded would be if a chemical company knowingly polluted drinking water with waste that was known to be physically harmful to humans. In this scenario, the chemical company sought to profit from their operation with no regard for the damage it might cause. Contact a Chicago personal injury attorney for further examples of cases in which punitive damages were awarded.
Both types of damages, compensatory and punitive, are carefully decided by a jury that has weighed all the evidence of the case. Even so, a judge can order to reduce the amount if he or she determines that it is excessive, or increase the amount if he or she feels that it is inadequate.
If you or someone you know has been injured due to the negligence of another, contact Illinois personal injury lawyers who will review your case and advise you of its merits.
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Due to the recent recall of several well-known prescription medications, Americans have become more aware of the potential problems of FDA approved drugs. Medicines like Vioxx and other non-steroidal drugs were widely prescribed for muscle and joint pain, but were linked to an increased risk of heart failure in patients regularly using the drugs.
Prescribed to approximately 84 million users around the world, Vioxx was the subject of the largest pharmaceutical recall in history in 2004 and has been linked to the deaths of many of these users. A Chicago personal injury attorney who has experience in pharmaceutical personal injury lawsuits can answer your questions about the drugs that you use or have used. If you have experienced harmful side-effects from a prescription drug, Illinois personal injury lawyers can analyze the facts of your claim and advise you accordingly.
Many prescription drug users question the decision of the U.S. Food and Drug Administration to approve drugs that are quickly pulled off the pharmacy shelves. The FDA does acknowledge that some drugs are approved before a thorough review is possible due to the large number of new medications and the complex nature of clinical trials. The organization annually pulls an average of 300 drugs (prescription and over-the-counter) for safety related concerns. That being said, patients and doctors are now more aware of the potential dangers of prescription drugs and the side effects that they may cause.
Defective prescription drugs are a very serious matter. If you have questions about a medication you are currently taking, consult with your physician. If you feel you have been injured as a result of taking the medication, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers experienced in this type of litigation will give you sound advice regarding your claim.
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Whiplash is one of the most frequently diagnosed injuries in car accident victims, whether the accident occurs at low speeds or high speeds. Whiplash is a soft tissue injury caused by the neck and head being jerked forward and back, beyond their normal range of motion. As a result, trauma to the muscles, joints, nerves and tissue in the back and neck may occur. If you think you may be suffering from whiplash as the result of an auto accident, it is very important to seek medical treatment immediately. Make sure that the doctor makes a detailed report of your injuries, and follow your trusted physician’s plan of treatment.
Once you have sought medical help, contact a Chicago personal injury attorney experienced in whiplash claims if you live in or near Illinois. Personal injury lawyers in your state will be able to analyze the evidence and the medical report and can help determine if you have a case. They will also be versed in the statutes of limitations that apply in the jurisdiction and will move the case along in a timely manner.
If you aren’t sure whether or not you have a whiplash injury, consider the symptoms. Common symptoms related to this type of injury include neck pain, muscle stiffness in the neck and back, and loss of movement in the neck and back. Some of the more surprising symptoms that can occur from a whiplash injury include dizziness, memory loss, fatigue and poor concentration. Generally, these symptoms can be treated with a high rate of success with physical therapy and pain medication. Most patients generally recover within three months. In the meantime, however, medical bills may mount, time at work may be lost, and a whiplash victim may suffer a great deal of pain.
If you have been in a car accident and have symptoms of whiplash, contacting a Chicago personal injury attorney is vital. Illinois personal injury lawyers can help recover damages for losses suffered during your recuperation from this debilitating injury.
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Accidents involving pedestrians hit by moving vehicles can often cause catastrophic injuries and possibly even death. If you have been injured as a pedestrian, it is important to contact a Chicago personal injury attorney if you live in or near Illinois. Personal injury lawyers can inform you of your rights to receive compensation for an accident of this nature. Attorneys are also aware of the statutes of limitations in the state and can keep the process of litigation moving along in a timely manner.
Pedestrian accidents can be caused by a variety of factors, some of which may be the fault of the pedestrian. Disregarding crosswalk signals or jaywalking are actions that can lead to dangerous accidents. Drivers can also be at fault, however, when engaging in dangerous behavior. An experienced Chicago personal injury attorney can weigh the evidence and help determine whether or not you should seek damages for your injury.
Some driver errors that may contribute to pedestrian collisions include ignoring stop lights and crosswalks. Even if a pedestrian is crossing against a signal, drivers have a responsibility to yield a pedestrian who is already in a crosswalk. Drivers who pass school buses can also cause potentially catastrophic accidents. Distracted drivers may not register the stop signals on a school bus, and can easily hit a child who is exiting the bus.
Car/pedestrian collisions can change a person’s life forever. Even a collision at low speeds can cause serious injury. If you or someone you know has been involved in a pedestrian collision, contact Illinois personal injury lawyers as soon as possible. You may be able to receive damages for medical bills and recovery costs, as well as compensation for pain and suffering as a result of your accident.
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If you have been involved in an accident and know little about personal injury law, this may be a good time to educate yourself on the factors that contribute to a strong personal injury lawsuit. One of the terms found frequently in relation to personal injury law is “proximate cause”. The simplest explanation of this term is that it is the last action that sets of a series of events that inevitably cause an injury. A basic understanding of these terms is helpful, but if you have further questions do not hesitate to contact a recommended Chicago personal injury attorney if you live in or near Illinois. Personal injury lawyers will be able to advise you on all the aspects of your case and answer any questions that you may have.
The following example will explain the general idea of proximate negligence: A person leaves a glass bottle on a picnic table in a park. Because the person has neglected to throw the bottle in a designated garbage container, another person comes along, finds the bottle and tosses it into another object, causing it to shatter in a nearby playground. A child then comes along and cuts his or her foot on the broken glass, necessitating medical treatment. In this example, the person responsible for the last negligent act (breaking of the bottle) is in turn responsible for the injury. This is proximate cause. Although the injury may never have occurred had the first person thrown the bottle away, they are nevertheless not responsible for the injury.
When an accident occurs that results in injury, determining the proximate cause is essential to presenting a strong case. an experienced Chicago personal injury attorney will be able to examine the evidence and determine who should be held responsible for damages. Illinois personal injury lawyers will are familiar with the statutes of limitation in the state and will be sure to keep your case moving along in a timely manner.
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When it comes to personal injury lawsuits, courts in the U.S. see their fair share of cases relating to asbestos exposure. Although asbestos, which is a mineral, was used frequently in the past to manufacture plastics, paper and floor tiles, workers in various industries still face significant exposure to the potentially dangerous substance. If you suspect that you have been exposed to asbestos, it is important to contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers with experience in asbestos-related lawsuits will be able to weigh the evidence of your case and advise you accordingly.
One of the tricky aspects of asbestos exposure is that symptoms of trouble may not appear for ten to thirty years after the person is exposed. If you have worked or lived in an area where asbestos has been an issue, regular health screenings are necessary whether symptoms are evident or not. Exposure to asbestos has been linked to four specific ailments: asbestosis, mesothelioma (cancer of the membranes that line certain organs), lung cancer and pleural plaque (scarring of the lining of the lungs). While some of these diseases can be treated to alleviate symptoms and to prolong a person’s life, none are curable. Contacting a Chicago personal injury attorney and pursuing a lawsuit may mean financial security if you find yourself dealing with the debilitating, long term effects of asbestos.
If you suspect you may have been exposed to asbestos or have worked in an industry known for using asbestos, it is important to be tested for the substance in your system. If the screening results suggest asbestos is present, you may be able to collect damages for the threat to your health. If you are currently experiencing symptoms or have been diagnosed with a disease related to asbestos exposure, contact a Chicago personal injury attorney who has experience in these types of cases. Although nothing can take away the damage caused by asbestos, Illinois personal injury lawyers can assist you in seeking the compensation for your illness that you deserve.
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If your child has been injured participating in an activity such as bike riding, you may wonder what your rights are to seek damages from a responsible party. Thousands of children are injured annually while riding a bike, a scooter, or rollerblading. Often, these injuries are the result of a collision with a motor vehicle. Many of the children injured in these types of accidents receive a traumatic brain injury, or they may even lose their lives.
While some risk may be assumed by the child and his or her parents, if your child was injured in a situation where a driver was at fault, you may have cause for litigation to seek damages. Even if there was no clear individual responsible for the accident, you may nevertheless have to go up against insurance companies (including your own medical insurance company) to receive fair compensation. In either case, it is vital to contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers in your jurisdiction will be able to advise you on the merits of your case and the statutes of limitations that apply within your state.
The best thing that parents can do for their children is to work to prevent these types of injuries in the first place. Teach your children the “rules of the road” and encourage them to wear proper protection, such as helmets, knee pads, wrist guards and elbow pads. Remember that unhelmeted bike riders have a 14% higher risk of being involved in a fatal collision with an automobile – a fact that cannot be stressed enough to your child.
If your child has been in an accident, your next best step is to seek the advice of an experienced Chicago personal injury attorney if you are located in Illinois. Personal injury lawyers are the qualified individuals who can assess the facts of the case and help determine whether or not you should pursue a claim for compensation.
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Car accidents caused by an intoxicated driver are especially disturbing because every one of them could have been prevented. Alcohol is one of the leading causes of road accidents and, while much has been done in the way of education, these types of wrecks still occur on a regular basis. If you have been injured as the result of an accident caused by an intoxicated driver, you may be able to receive compensation for financial losses as well as emotional damages. Contact a Chicago personal injury attorney if you live in or near Illinois, they will be able to advise you on the merits of your case and represent you either in court or with an insurance agency.
Intoxication impairs both the ability to drive and reaction time and can lead to serious accidents. Sadly, many drunk drivers may not have insurance coverage or have inadequate insurance, especially if they have previous infractions on their record. This can make recovery of damages a difficult task. Still, if a judgment results, this is one debt that, in most states, cannot be canceled if and when a person declares bankruptcy. In other words, that person cannot shed their responsibility to pay the awarded judgment.
If the intoxicated driver responsible for the accident does have adequate insurance coverage, you will need an attorney to represent your case to the insurance agency. If your injuries are long-term and serious, your Chicago personal injury attorney will make sure that you receive fair compensation that will cover future medical bills as well as loss of income and emotional suffering.
These types of accidents seem even more tragic because they are completely avoidable – but those who have suffered as the result of an intoxicated driver may be able to receive compensation for the damage caused. It is imperative that you contact Illinois personal injury lawyers as soon as you are able in order to pursue any possible action in an expeditious manner.
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