Chicago Personal
Injury Attorney Blog

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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If you were injured on someone else’s property in Illinois, personal injury lawyers can help you determine whether or not you are eligible for compensation. If you believe you can prove an unsafe condition was the cause of your injury – such as oil on the floor, or an unmarked or unprotected hole, you should contact a Chicago personal injury attorney right away.

The most important thing to do immediately following your injury is to take pictures of the site. This will help you prove the existence of a defect or unsafe condition. The old saying, “A picture is worth a thousand words” was never more true than in a personal injury case. Our Chicago personal injury attorney recommends taking photos from all angles, including ground level. Use rulers to indicate measurements, or to show the size of a defect.

Remember, it is better to err on the side of too many photos, rather than too few.

Next, find any independent witnesses who may be able to testify regarding your injury. After the incident, try to get the names of anyone who may have observed the accident, or who offered you assistance after the accident. These individuals can testify to the conditions in case the property owner later denies it. Obtaining a copy of an accident report can help you get the names of witnesses. This will also enable your Chicago personal injury attorney to call on witnesses who are not employees of the defendant or otherwise biased toward the property owner.

In the next and final post of this premises liability series, our Illinois personal injury lawyer will discuss elements of a jury trial in this type of case.

If you were injured on someone else’s property and you live in or around Chicago, personal injury attorneys can help you understand your rights according to state law.

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Some of the most common lawsuits seen by Chicago personal injury attorneys are those involving premises liability, or “unsafe premises”. This type of case arises when someone is injured on someone else’s premises. A good example would be a construction worker getting hurt at the job site, a customer slipping on a wet floor in a grocery store, or somebody falling down a stairway because of loose carpet or a faulty railing.

While common sense may suggest any time you are injured, you should be entitled to receive benefits (or compensation), in a premises liability suit that is not always the case.

In the state of Illinois, personal injury lawyers explain that an injured person is not automatically entitled to compensation. Illinois law states that the injured party must prove several facts about the premises and injuries sustained before damages will be awarded.

The only time one is eligible to receive benefits in a premises liability case is if he can prove a known defect or dangerous condition on the property. There are strict guidelines involved in proving an unsafe condition.

In the next post, our Chicago personal injury attorney will offer suggestions for proving an unsafe premises condition in Illinois. Personal injury lawyers in our state are very familiar with these cases.

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Most drivers have something called “underinsured motorist coverage” as part of their insurance policy. This coverage provides extra protection if the driver who struck you doesn’t have enough coverage, but only to the limits of your policy. In Illinois, personal injury lawyers find that in up to 90 percent of the cases where a client is seriously injured, the driver who was at fault does not have enough insurance. Then, they typically look to their client’s underinsured motorist coverage and usually find that they’re underinsured as well.

Chicago personal injury attorneys explain the importance of higher coverage and umbrella policies to their clients, hoping to prevent the same devastating consequences in the future.

One Chicago personal injury attorney recommends drivers make sure they have an umbrella policy that raises liability coverage to at least one million dollars and a minimum of $100,000 personal medical coverage.

“A million-dollar umbrella policy combined with higher limits for your personal medical needs are the most economical and pro-consumer products on the market today; reassurance at a reasonable price that will bridge your basic policy limitations and reduce your liability risk in the future.”

If you have further questions about auto insurance and liability limits, contact an Illinois personal injury lawyer today.

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Illinois personal injury lawyers are often asked, “Can I be held personally liable for medical expenses beyond my auto insurance coverage if I cause an accident with injuries?”

The answer is, yes. You can absolutely be held personally liable for medical expenses if you don’t have enough insurance. If you live in or around Chicago, personal injury attorneys recommend you always purchase ample insurance. Be sure you have extensive liability coverage, including an umbrella policy.

An umbrella policy is an extra layer of coverage for both your car and your home – one policy that will provide additional liability coverage for both under the same umbrella. Typically, you can get $1 Million or more in coverage for just a few hundred dollars a year. This type of coverage is crucial in today’s world of skyrocketing medical costs.  Damages from an accident can add up quickly if there are serious injuries involved that require long-term or specialized care.

If you have questions about auto liability coverage and you live in Illinois, personal injury lawyers can help.

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After an accident, many people wonder how long to wait before contacting a Chicago personal injury attorney, if at all. They may wonder if they can save money by dealing with the insurance company themselves. In some cases, this is true, particularly when the injury and/or damages are minor.

In other cases, an insurance company may make a promise of compensation, then drag their heels on following through. So the question is, how long do you wait before taking further action? In Illinois, personal injury lawyers who specialize in these types of claims can ease your worries, and help you obtain swift compensation.

An important factor to consider when deciding on contacting a Chicago personal injury attorney is the severity of your injury. If you believe it to be a chronic injury – meaning the physical repercussions could last for months or even years, it is highly advisable to retain the counsel of an Illinois personal injury lawyer. It is most unlikely that an insurance company will offer you just compensation for this type of complicated injury. This is an area they specialize in, and you do not.

Remember, do not give any statements by phone, or recorded statements. Also, be mindful of the statute of limitations for your type of claim. Typically, you will have two years to file a claim, but against a city or other public entity it can be as short as a year. This is why you must contact a Chicago personal injury attorney if you were injured in Illinois. Personal injury lawyers will fight for justice.

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