Chicago Personal
Injury Attorney Blog

Getting to Know the Jones Act

When a person is injured at work, he or she should be entitled to Workers Compensation benefits, right? The answer is, not always. If an employee is a “seaman” who works aboard a vessel in “navigable waters”, he falls under the Jones Act. The Jones Act is a law that provides special protection to workers on boats. If you believe you may have a case that falls under the Jones Act and you live in Illinois, personal injury lawyers will be able to give you good representation.

A case that falls under the Jones Act is usually worth much more than a Workers Compensation case since Workers Compensation has strict statutory limits. In addition, with the Jones Act, the Plaintiff can have his case presented in court by a Chicago personal injury attorney, and a decision will be made by a jury, which is always preferable since they often have more in common with an injured Plaintiff.

Chicago personal injury attorneys highly recommend the following ANY time you are injured at work:

• Obtain immediate treatment
• Provide specific explanations to the doctor about how your accident happened (i.e. that it happened at work, the conditions, etc)
• Be accurate in your descriptions of pain problems to your doctor or the company doctor
• Get the names of witnesses and their phone numbers if possible

Obviously, immediate consultation with a Chicago personal injury attorney will dramatically improve your chances of success in a personal injury case. Employers have lawyers working full-time for one purpose – which is to stop you from receiving just compensation.  Your Chicago personal injury attorney will work diligently to ensure that you do receive just representation and fair compensation according to the laws put in place to protect us.

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In the last post, our Chicago personal injury attorneys briefly discussed FELA – the Federal Employees Liability Act. This post will explain FELA in more detail.

We learned that if an injured worker is employed by a railroad, he falls under the Federal Employees Liability Act (FELA) — a law that provides special protection to employees of railroads.  If the injured worker can prove that his employer was negligent (that is, provided an unsafe place to work) then he can recover for pain and suffering and disability and can recover full compensation. Such a case is usually worth much more than a Workers Compensation case since Workers Compensation has strict statutory limits. Further, with the FELA, the Plaintiff can have his case decided by a jury, which is always preferable since they have often more in common with an injured Plaintiff.  If you are an employee of the railroad and were injured on the job in Illinois, personal injury lawyers will be able to represent your case with expertise.

It is important to note that sometimes a worker is considered “employed” by the railroad even if he has a non-railroad employer. If your Chicago personal injury attorney can demonstrate that the injured Plaintiff was 1) borrowed by the railroad or 2) working for two employers simultaneously, the railroad and his own employer, or 3) the injured Plaintiff’s employer is subservient to the railroad (under the railroad’s control), then you can seek protection under FELA. This can make the difference between a lifetime of benefits compared to the more meager Workers Compensation remedies.

Hence, to sum it up, if a railroad employer was negligent, you are entitled under the FELA to compensation for pain, suffering, disability, disfigurement, future pain and suffering, lost wages and all medical bills, and should seek consultation with an Illinois personal injury lawyer.

Chicago personal injury attorneys familiar with the FELA recommend that if your employer offers you free medical care, take it. Consult with your Illinois personal injury lawyer about seeing your own physician. The employer’s doctor is likely to be biased against you and in favor of your employer, so it is important that you also have your own treating physician.

The FELA has both good and bad points, and a competent Chicago personal injury attorney familiar with the Act can help you achieve the best compensation allowable by law. Remember, if your railroad employer was at fault for your injury in Illinois, personal injury lawyers will ensure you are well compensated under the FELA.

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What’s jurisdiction got to do with it?

If you are preparing to file a lawsuit for an injury and you live in Illinois, personal injury lawyers can help you determine which court holds jurisdiction over your particular case. There are both federal and state laws which limit and grant a court’s jurisdiction. If you were injured and plan to seek compensation, and you live in or around Chicago, personal injury attorneys will know the appropriate court in which to file your claim.

To make a legally valid decision, a court must have two types of jurisdiction: personal jurisdiction and subject matter jurisdiction. Personal jurisdiction rules determine whether a court has power over a particular defendant, whereas subject matter jurisdiction establishes the court’s power to hear the type of case a lawsuit involves. If you were involved in an accident or injury and you live in or around Chicago, personal injury attorneys can help you understand which jurisdiction your case applies to.

The nearly universal rule is that the courts in a state have personal jurisdiction over all people or businesses that are citizens of or do business in that state. So, if you live in Illinois, and your accident or injury occurred in Illinois, your case would be tried locally since an Illinois state court has personal jurisdiction over all of the citizens of the state.

There are exceptions to some injury cases, especially on the job injuries. For example, if an injured worker is employed by a railroad, he falls under the Federal Employees Liability Act (FELA) — a law that provides special protection to employees of railroads.

If you were injured in or around Chicago, personal injury attorneys should be very familiar with jurisdiction limitations, and will act quickly in preparing your case.

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If you’ve suffered an accident or injury and believe another party may be liable, you have grounds for a personal injury lawsuit. After gathering all of the evidence you have access to, you should set up a meeting an Illinois personal injury lawyer.  He or she will take your case through civil court proceedings and will try and contact the other party to negotiate a settlement. If a settlement is reached, as is the primary objective in many cases of personal injury, the case need not ever go to trial.  A settlement can be reached at any time during the legal process: before, during or after a trial.

Many times it is in the best interest of a Plaintiff to try to reach a settlement in lieu of going to trial. If the settlement is reasonable, it can spare you the stress of a potentially arduous trial, and allow you the opportunity to structure the settlement terms to meet the needs of your disability, or to maximize your tax benefits. Your Chicago personal injury attorney can offer knowledgeable advice on how best to structure your settlement when and if it is reached out of court.

On the other hand, it may be impossible to reach a settlement agreement that is suitable for both parties. If you have a strong case, you may be better off preparing to go to trial, as you could be awarded a much larger settlement. An experienced Illinois personal injury lawyer can help you evaluate the merits of your case and determine whether or not the potential award is worth the risk of the trial.

In Chicago, personal injury attorneys are extremely familiar with previous court decisions and theories published in the legal community that may be applicable to your type of case, or to the laws in your state. Thus, it is critical you seek an Illinois personal injury lawyer if you were injured in or around Chicago. Personal injury attorneys will navigate the state-specific laws surrounding the filing process, statute of limitations, types of damages to be sought, and appropriate monetary amounts allowed by law.

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If you were injured, and fear you may not be able to afford an Illinois personal injury lawyer to represent a case for you, there are indeed other options out there. One of these is to represent yourself, an approach called “pro-se” which means “on one’s own behalf”.

In many states, the number of pro-se cases is on the rise. Approximately 27% of all federal suits, and 54% of appeals, are filed by people representing themselves (Source: Forbes.com 09/03/2007). In some cases, there may be several benefits to taking up your own cause, especially if you are knowledgeable about the law, and ready and willing to navigate the legal system.

But if you have suffered an injury, chances are navigating regular day-to-day challenges has become increasingly difficult, not to mention the task of managing your recovery. If you believe you are owed compensation for your injury, you should contact a Chicago personal injury attorney if you were injured in or around Illinois. Personal injury lawyers will usually offer a free consultation, wherein they will decide based on years of experience whether your case has merit, and can advise you on the possibility of success if a lawsuit is filed.

A good Chicago personal injury attorney will be able to evaluate all of the evidence of your case, and can give you an approximation on what your claim may be worth. In addition, Illinois personal injury lawyers have access to far more resources than the average citizen, and are fully aware of your rights according to the law and statues that apply within your particular jurisdiction. As a pro-se Plaintiff, you could spend endless hours simply become familiar with these elements before even preparing to file. The familiar phrase “time is of the essence” was never more true than in a personal injury case.

If you are considering seeking compensation for an injury sustained in or around Chicago, personal injury attorneys may be your very best advocates, a true ally you will be glad to have on your side.

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If you were injured in an auto accident, you have every right to expect swift and appropriate compensation after purchasing car insurance for the sole purpose of protection.  If you have been a good customer – made your payments on time, maintained a good driving record, ensured you had ample coverage for you, your passengers, and uninsured motorists – you might assume you could rely on your auto insurance company to protect you to the fullest extent if you were ever involved in an accident.

Sadly, in Illinois, personal injury lawyers often find this is not the case.  The story is a common one: Illinois consumers are forced into lawsuits they never imagined, or to settle for less than adequate compensation out of financial desperation due to the failure of their insurance company to provide, in good faith, the benefits already bought and paid for.  It is in these cases consumers must rely on a competent Chicago personal injury attorney to fight for what is rightly owed them by law, since many auto insurance companies flagrantly ignore the regulations that govern them.

In the state of Illinois, personal injury lawyers are desperately trying to hold accountable an industry for which the state has failed to properly manage. Chicago personal injury attorneys have become some of the few advocates available to consumers when they have been fraudulently sold a product that a company has no intention on delivering.

The best protection is to purchase large amounts of Underinsured (Uninsured) Motorist coverage (which is very inexpensive) and to avoid substandard carriers.  But if you find yourself having been the victim of an auto accident, your first order of duty should be to contact a reliable Chicago personal injury attorney to advocate on your behalf.

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The latest statistics show 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. Yet, rollovers represent only 4% of all crashes. It is a serious issue that needs attention. Chicago personal injury attorneys who specialize in rollover accident cases are all-too-familiar with these staggering numbers.

Why the increase in rollover accidents? As the once off-road, work-related SUV gained extreme popularity as a family vehicle, rollover protective gear, such as roll bars were removed, weakening the roofs and increasing the number of roof crush injuries, acute head traumas and deaths. The combination of a traditional truck chassis, narrow frames, weakened roofs and added passenger loads increase the risk of rollover, and all account for 60% of deaths in SUV accidents. If you or a loved one sustained injury due to a rollover accident in Illinois, personal injury lawyers can help you seek compensation.

While SUV’s continue to dominate the market these days as the preferred family vehicle, they share the spotlight of preventable deaths due to rollovers with another known “hazard on wheels”, the 15-passenger van.

While their typical function is common enough (used as an airport shuttle van, or by churches and other organizations), hazards involving these vehicles are not commonly known to the average passenger. Originally designed for cargo only, today’s 15-person van was never re-designed by manufacturers for passenger safety. With added seating and/or rear cargo space reaching far beyond the wheelbase, passenger weight and luggage creates instability during hard or sudden turns that are likely to occur while avoiding traffic hazards. The resulting fishtail action and top-heavy design of the vans increases the likelihood of a rollover.

If you or someone love have been seriously injured due to a rollover accident, contact a Chicago personal injury attorney immediately if you live in Illinois. Personal injury lawyers can help you achieve compensation for your pain and suffering.

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Rollovers. Automobile recalls. Air bag failure. Seat belt defects. We hear these terms on the news, while viewing images of fiery crashes and devastating accident scenes, and wonder if are ever to feel safe in our vehicles. Automobile manufactures have a legal and ethical duty to make sure their vehicles are safe and “crashworthy” – which means they will reasonably protect their occupants during an accident. But they often fail to meet that duty, and in the very worst cases, knew they were falling short of standards but made no change because of financial reasons (which some may interpret as greed).

When taking on a large manufacturer in a case of auto products liability, you will need strong representation by an Illinois personal injury lawyer to ensure fair compensation. In Chicago, personal injury attorneys are familiar with many common auto product defects, including:

• Airbag failure
• Rollovers (especially in SUVs and passenger vans)
• Roof crush accidents
• Automobile and auto product recalls
• Defective tires and tread separation
• Seatbelt failure
• Seatback failure

If you or someone you love were injured due to a defective automobile or auto part, you have the right to hold manufacturers responsible if you live in or around Chicago. Personal injury attorneys are committed to prosecuting cases in which serious injury or death has occurred due to a known defective automobile product or accessory.

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If you were injured in an auto accident, do you need representation by a Chicago personal injury attorney? We’ve all seen the ads by aggressive Illinois personal injury lawyers, pushing their services for any victim. But do you really need a lawyer? What if your injury seems fairly minor? What if the at-fault driver doesn’t have insurance? What if you have a pre-existing condition you are worried may impede your chances of receiving compensation?

An immediate consultation with an Illinois personal injury lawyer can help answer your questions and ease your fears. Even if at first you believe your injuries to be minor, you should contact a Chicago personal injury attorney right away to help you evaluate your case.  The longer you wait to retain an attorney, the greater the risk of fading or degrading physical evidence. A dedicated Chicago personal injury attorney who specializes in auto accident cases can launch an immediate investigation while evidence is still fresh, including collecting statements from witnesses and the Defendant, and taking photographs of the scene (when possible) and the vehicles involved.

In the most unfortunate circumstances, what may first appear to be a minor injury can often develop into a chronic or long-term condition with devastating consequences (especially in the case of whiplash, or head, neck or back injuries).  Therefore, to help protect yourself and prove the extent of your injury, you should keep meticulous records beginning the day of the accident, in case you are forced to pursue compensation. These records should include:

• Dates and context of any and all conversations with insurance companies, including the names of the representatives with whom you speak
• Emergency visits or follow-up medical treatment (i.e. exam dates, prognosis, treating physicians, etc.)
• Obtain a copy of the police report

Chicago Personal Injury Attorneys recommend you never agree to a recorded conversation without consulting a qualified Illinois Personal Injury Lawyer.

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You may have heard the term “repetitive injury” in relation to a painful condition brought on by specific work or movement. What is a repetitive injury, or repetitive strain injury? A Chicago Personal Injury Attorney can help you understand how this particular disorder may relate to a Workers Compensation case in Illinois.A repetitive strain injury (RSI) can go by many names:

• Cumulative trauma disorder (CTD)
• Occupational overuse syndrome
• Work related upper limb disorder (WRULD)

Each of these terms relates to a condition resulting from overuse of a tool (i.e. a computer keyboard), or because of other activity that requires repetitive movements (such as assembly line work). It can be very painful as it affects muscles, tendons and nerves in the hands, arms and upper back. In Illinois, Personal Injury Lawyers are very familiar with the repercussions of this type of injury.

Specific conditions may have been diagnosed by your physician, such as:

• Carpal tunnel syndrome
• Cubital tunnel syndrome
• Tendonitis
• Radial tunnel syndrome
• Thoracic outlet syndrome (common to those who use computers OR those suffering neck injuries from an auto accident)

If you believe you are suffering from a repetitive strain or stress injury, and you live in or around Chicago, Personal Injury Attorneys can help evaluate your condition and determine the merits of a case.

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