Unfortunately, if an injury is not serious, filing suit on the grounds of products liability action may not be economically feasible. Experienced Chicago personal injury attorneys can help you determine the merits of your case by carefully examining the evidence.
To succeed in a products liability claim in Illinois, personal injury lawyers say the product must be saved after the accident and cannot be altered or changed in any way. Immediately get the product into the hands of an experienced Chicago personal injury attorney so that he can preserve the product and have an expert evaluate it. If the product is not properly preserved, that may destroy an injured person’s right to compensation.
Products liability takes experience and considerable expertise and money to be successfully prosecuted. Under products liability law, you have the right to have your case heard by a jury and you can recover damages for pain and suffering, disability, lost wages, disfigurement and future pain and suffering.
Surprisingly, jurors have historically tended to have compassion for the manufacturer of a product over consumers. This seems unlikely because the manufacturer is a corporation and the injured person is a human being. However, the jurors sometimes equate the manufacturer with the concept of “free market” and may feel prejudiced against a lawsuit. Hence, a Chicago personal injury attorney has to be careful in selecting a jury.
Most important: Due to the complexity of products law, do not give any statements to anyone and contact your Illinois personal injury lawyer immediately.
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“Products liability” sounds complicated and, in fact, it is. In Chicago, personal injury attorneys who specialize in defective products cases and products liability law are among the best in their field. In this post, our Illinois personal injury lawyer explains the terms in detail.
The first and most important factor to consider is whether or not one can be held liable, in this case, manufacturers. The only rule you have to remember is that the manufacturer of a product always owes the consumer the obligation to “manufacture” and “design” a product that is reasonably safe. If the product is found “unreasonably dangerous” or if it is “unsafe for reasonably foreseeable uses,” then the manufacturer should be held liable for injuries that are caused by the product.
The Plaintiff in a defective products case must prove that the defect in the product existed at the time the product left the manufacturer’s control. If the distributor of the product contributed to the defect, then the distributor could also be liable. A manufacturer can also be liable if it fails to adequately warn of the dangerous propensities of its product.Product liability law is complex and expensive because a Plaintiff is normally taking on a wealthy manufacturer who has unlimited money to spend defending the case. Plus, manufacturers have an interest in protecting the “sanctity” of their product. Chicago personal injury attorneys have an interest in protecting their clients, and gaining compensation for injury. If you’ve been injured due to a defective product or have questions about product liability law, contact an Illinois personal injury lawyer.
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Chicago Personal Injury and Workers’ Comp Attorney Answers Your Questions on “Ask the Attorney”
Today’s question: “I knew that I might need a knee replacement in the future due to an old injury. I had a recent injury to the same knee while at work and now need the surgery sooner. Is this covered under my workers’ comp claim?”
Illinois Personal Injury Lawyer: “The employer takes the injured worker as it finds him. Whatever pre-existing injuries, medical conditions or weaknesses you bring into the employment with you, become a part of you as a “cog” in the employer’s overall machinery. It is not a defense to a Workers’ Compensation claim, that an employee had “some pre-existing weakness or condition” that rendered him more susceptible to injury.
If you’re injured at work, you’re entitled to receive benefits under the worker’s compensation law, so long as your injury was causally related to some act or phase of the employment. The employment does not have to be the sole cause of your injury; it does not even have to be the principle cause of your injury. It merely has to be “a” cause - one contributing cause - to your injury and any resulting disability that stems from your injury.
You were told you would need a total knee replacement, but from the information you’ve provided to me; it sounds like the work injury accelerated the need for that knee replacement. Prior to your work injury, you might have needed that knee replacement, say, 5 or 10 or 15 years down the road. Now, you need it immediately. Provided your doctor is willing to substantiate your claim, my feeling is that your employer is responsible to cover that surgery.”
If you have questions about an Illinois Workers Compensation case, contact a Chicago personal injury attorney if you are a resident of Illinois. Personal injury lawyers are familiar with the specific workers comp laws for our state.
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Illinois Worker’s Compensation Lawyer Answers Your Questions on “Ask an Attorney”
Today’s Question: “I settled my workers’ compensation claim in 2006 for an injury that occurred in 2004. Is it too late for me to file a Third Party claim?”
Chicago Personal Injury Attorney: The answer to your question is: it depends. The statute of limitations in Illinois for most personal injury cases is two years. That means you have two years from the date of injury to file a lawsuit against the party responsible for your injuries. So if you were injured in 2004, you would have two years from that date to file your lawsuit.
However, the statute of limitations can be longer or shorter than two years, depending on the particular type of legal claim or the party you are suing. For example, cases brought against the state of Illinois must be brought within one year of the date of injury. Cases against the Chicago Transit Authority (CTA) require that certain notices be mailed (to the CTA) within 6 months of the date of injury. On the other hand, cases involving construction negligence can be brought within four years of the date of injury.
So, depending on the type of case you have and who you are suing, you could have from 6 months to four years to bring the case.”
As you can see, defining the statute of limitations for your case can be tricky. This is why it is crucial you have a competent Illinois personal injury lawyer on your side. If you’ve been injured and have questions about a third party claim, statutes of limitations, or any other factor of your potential case, contact a Chicago personal injury attorney without delay.
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Illinois Worker’s Compensation Lawyer Answers Your Questions on “Ask an Attorney”
Today’s Question: “A fellow worker was driving the wrong way and hit my vehicle. Can I file a Third Party suit?”
Chicago Personal Injury Attorney: “A third party suit is a separate legal case against someone other than your employer who might have been at fault in causing your injury. Most cases in which an individual is injured while operating a motor vehicle on the job do result in a third-party case. You would have your workers compensation claim against your employer, and you would have an entirely separate third-party lawsuit for automobile negligence against the operator of the motor vehicle who injured you.
A third party case, if you can prove liability, is typically worth far more than a worker’s comp claim. The reason is because in a third-party case, you can recover money damages for pain and suffering, mental anguish, full wage replacement, and so forth. These are things you’re not allowed to recover for in a workers comp claim, where the remedy is limited to lost time, permanent disability and medical bills.
However, in your case, because you were injured by a fellow employee, you fall into an exception to the general rule. You would not have the right to file a third party claim. In Illinois, we have what is called the “fellow servant” rule. Under the fellow servant rule, if you’re injured as the result of a negligent coworker, your exclusive remedy is under the law of Workers Comp, and you do not have the right to bring that separate lawsuit against your fellow servant.”
If you have questions about Workers Compensation cases in Illinois, personal injury lawyers will be happy to help. In Chicago, personal injury attorneys who specialize in workers’ comp cases are very familiar with the laws that apply to our state.
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Ask the Illinois Personal Injury and Worker’s Compensation Lawyer
Today’s question: “I had a hand injury in machinery at work. While a couple of nails are disfigured, and I have scars, I only missed one day of work. What are my workers’ comp benefits other than my medical bills?”
Chicago Personal Injury Attorney: “Three basic benefits are available under worker’s compensation. The first of these is lost time. If a doctor keeps you off work for more than three working days. In your case, you didn’t sustain any compensable lost time.
The other two benefits that are available are medical bills, which in your case have apparently been paid. And the third is compensation for permanency. Permanency can take the form of either disability or disfigurement. Generally speaking, disability is worth more in terms of compensation benefits than disfigurement. Disability can be proven by any sort of objective clinical findings, such as loss of motion, loss of sensation, any sort of permanent pain, loss of grip or things of that nature.
If you don’t have any disability, you can still recover compensation for disfigurement, based on scarring to certain parts of the body. It appears to me that in your case, you do have some permanent disfigurement. If that disfigurement is serious and lasts more than six months, a viewing can be held in front of an arbitrator at the Industrial Commission, which is the court that hears workers compensation cases. The arbitrator will determine the amount of compensation you are entitled to receive for your disfigurement.”
If you were injured on the job in Illinois, personal injury lawyers can help you recover the compensation you deserve. If you have questions, Chicago personal injury attorneys who specialize in workers comp cases will have the answers you need.
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This week we are continuing our special “Ask the Chicago Personal Injury Attorney” segment.
Today’s question: “I hurt my back years ago and now my workers’ comp carrier wants to use that as an excuse not to pay for a new back injury I recently had on the job. Can they do that?”
Illinois Personal Injury Lawyer: “The injured worker does bear the burden of proving every element of his case. That includes what we call “causal connection”. Causal connection means that your condition of ill-being (in your case, a back injury) is related to some activity, accident or event that occurred at work. If your employer chooses to dispute it, they’ve got to have a basis to do so. It’s not enough to simply take the position that you haven’t proven the case to their satisfaction.
Chicago personal injury attorneys who specialize in Worker’s comp cases frequently see disputes where the injured worker had some pre-existing condition. The burden of proof requires that your pre-existing condition was aggravated or accelerated by the work activity.
The employer takes you as they find you. So, if you happen to have a so-called “bad back” when you begin working on the job, and then you have some work accident or event that worsens that pre-existing condition, that’s a perfectly clean case. And, that’s a case you should win at the Illinois Workers’ Compensation Commission, which is the court that hears these cases.
Generally speaking, if you’re free of treatment, and free of symptoms (or relatively free of symptoms), for a significant period of time, and then you have a work injury that causes the renewed onset of those symptoms, you should win your case.”
For more information about Worker’s Compensation cases in Illinois, contact a Chicago personal injury attorney today.
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In part three of this week’s series, a reader asks this question: “My doctor wants me to have an MRI for my work injury, but the insurance company won’t approve it. Do I have any recourse?”
Chicago Personal Injury Attorney: “You do! Whenever a dispute arises regarding delivery of benefits in a worker’s compensation case – and that could be benefits for lost time, payment of medical expenses or authorization of medical treatment, or compensation for permanent disability – you have the right to a hearing before an arbitrator at the Illinois Workers Compensation Commission, which is the court that hears worker’s comp cases.
As the injured worker, you bear the burden of proving every element of your case. When we’re talking about medical treatment, or some type of diagnostic test like an MRI, it’s necessary to prove that the treatment is reasonably necessary to cure or relieve the effects of the injury.
Normally, in the case of a diagnostic test that’s not too difficult, but it could require a medical opinion from your doctor, sometimes even medical testimony.
The employer also has rights. The employer has the right to present its own medical evidence, to rebut your proof, or to demonstrate that the test or treatment is somehow either unrelated to the injury, or is not reasonable or necessary to treat the condition.
If you’re represented by council in your workers compensation case, your Illinois personal injury lawyer will know how to proceed. If you have further questions, contact a Chicago personal injury attorney who specializes in Workers Compensation cases.
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This week’s question for our Illinois personal injury lawyer: “I hurt my shoulder at work and filled out an injury report. Isn’t it up to my employer to fill out a workers’ compensation claim for me?”
Illinois Workers Comp Lawyer: “Worker’s compensation in Illinois is an adversary system. There’s very little that the employer has to do in terms of procedure to help you with your case. The employer does have an obligation under the law and under their contract of workers’ compensation insurance to inform the insurance company that they have had an accident on the job. They do not have to file your claim for you, that’s up to you!
Most people hire an Illinois personal injury lawyer who specializes in Workers Comp to file the claim. Some do not. My personal recommendation is that people with legal cases should be represented by council.
The claim has to be filed with a special court – the Illinois Workers Compensation Commission. It has offices in Chicago, and it holds hearings throughout the state of Illinois.
There is a statute of limitations for worker’s compensation claims. The statue of limitations requires that a claim for work injuries be filed with the Worker’s Compensation Commission within three years from the date of the accident, or within two years from the last payment of compensation benefits, whichever occurs later. If you don’t file your claim within the statute of limitations, in most cases, you will lose all your rights under Worker’s Compensation laws, and your employer will owe you nothing for your injuries.”
It is in your best interest to seek representation from a Chicago personal injury attorney if you are filing a workers compensation claim in Illinois. Personal injury lawyers will help you receive full compensation according to the law.
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In Illinois, personal injury lawyers who specialize in Workers Compensation claims can help you understand your rights according to Illinois law. In this week’s special feature, our Chicago personal injury attorney answers your questions about Workers’ Comp.
Question: “My employer wants me to seek workers’ comp treatment through the company doctor. I’d prefer to see my own doctor. What are my legal rights?”
Chicago Worker’s Comp Attorney: “In Illinois, you have the absolute right to choose your own doctor for treatment. There are limits to the number of doctors you can choose. We call this the “two doctor rule.” But, it really means more than two doctors. It really means two referral chains; in other words, you have a right to choose any doctor of your own choice, plus any number of doctors that your physician refers you to. In addition, you have the right to choose an entirely separate doctor, plus any number of physicians this second doctor refers you to.
“Beyond that, if you wish to choose a third doctor, your employer is not responsible for payment to that third doctor unless the employer agrees to do so.
“The employer does have the right to have you examined by its doctor. That has to be at a reasonable time and place, and they do have to pay you the cost of travel to attend the examination. There is a difference between examination and treatment. They cannot force you to receive treatment from the examining doctor that they’ve hired.
“Sometimes injured workers in Illinois choose to treat with the company doctor, and you are certainly within your rights if you choose to do so. But an employer certainly cannot compel you to treat with the doctor that they’ve chosen.”
For more information, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers can help you understand the complicated guidelines of Illinois Workers Compensation.
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