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To successfully pursue a premises liability case, your Illinois personal inury lawyer will have to prove the Defendant had “possession of premises.” From the context of premises liability law, a person or entity “possesses” land or other property when:

• The person occupies the land with intent to control it;
• The person has been in occupation of land with intent to control it, if no other person or party has subsequently occupied it with intent to control it; or
• The person is entitled to immediate occupation of the land, if no other person is in possession as defined above.

Premises liability cases can be difficult to prosecute, so you will benefit greatly from representation by an experienced Chicago personal injury attorney. Juries tend to favor property owners in these types of cases, so you will have to rely on the skill and expertise of an Illinois personal injury lawyer to prove the facts of your case and help you achieve the compensation you deserve.

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We’ve learned of common premises liability cases often handled by Chicago personal injury attorneys. There are two components to successful prosecution of a premises liability case: 1) Proving an unsafe condition existed on the premises of another, and 2) Proving the owner was aware of the condition before injury occured (referred to as “notice”).

Illinois personal injury lawyers say the best way to prove the existence of a defective or unsafe condition is to take pictures immediately following the incident in question. (Always remember the old adage, “A picture is worth a thousand words.”) Photos should be taken from multiple angles as well as from ground level. A ruler or other guide may be utilized to indicate size in the photograph. Take as many pictures as is reasonably possible.

Another element of success in a premises liability case may involve the existence of witnesses. If independent witnesses can testify regarding the accident, injury or existence of the defective or unsafe condition, success is far more likely. In Chicago, personal injury attorneys recommend getting the names and numbers of anyone who might have seen the accident, or who offered assistance to the injured party afterward.

Finally, in order to prevail in a premises liability case, the Plaintiff must prove “notice”. The owner or possessor of the property must have had notice that the condition or defect existed before he or she will be found liable by the court (either they knew or should have known). This can be extremely difficult to prove.

If you have questions about Premises Liability Law in Illinois, personal injury attorneys who have experience with these types of cases can answer your questions and ease your fears. They can help you gain the compensation you deserve, to the fullest extent of the law.

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One of the most common types of cases handled by Chicago personal injury attorneys involve premise liability. If a person is injured on another’s property, he may be able to recover compensation for his injuries from the owner of the property. The most common premises liability cases include:

• Slip and fall (such as a customer slipping on a wet floor at the store)

• Inadequate maintenance (not properly maintaning premises in order to reasonably prevent injury to the public)

• Defective conditions (presence of a dangerous or defective condition such as a broken staircase or hand railing)

• Inadequate security (such as providing inadequate lighting)

Contrary to popular belief, sustaining an injury while on someone else’s property does not automatically entitle a victim to compensation. According to Illinois personal injury lawyers, the our state requires the injured party to prove several facts about both the premises and their injury or injuries before damages will be awarded.

First, the court will impose liability on the property owner according to premises liability law only if the property owner is found to have owed the injured person a legal duty of care. Second, the property owner must be found to have breached that duty of care.

Proving negligence or breach of duty in a premises liability or unsafe premises case can be complicated. If you were injured while on someone else’s property or premises and believe you might be owed compensation, you should contact an Illinois personal injury lawyer who specializes in Illinois premises liability law. He or she will be able to evaluate the facts of your case and determine if a legal duty is owed to you.

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In a previous post our Illinois personal injury lawyer explained the definition of a toxic tort and what to expect when pursuing toxic tort litigation in court. Contacting a Chicago personal injury attorney with experience in this specific area of law is essential if you live in or near Illinois. Personal injury lawyers will be able to offer expert advice and analyzation of the facts of your case.

One of the most common types of toxic materials involved in toxic tort personal injury lawsuits is asbestos. Asbestos is a substance that can cause a number of disorders and is often at the center of toxic tort lawsuits. Generally, workers are exposed to asbestos on the job, primarily in the construction industry, at refineries, mines and factories. The symptoms of diseases related to asbestos exposure, however, may sometimes not surface for years.

Unknown exposure to hazardous materials and toxic waste is another common cause of a toxic tort lawsuit. Large corporations who do not properly dispose of this type of dangerous waste can be held liable from damage caused by water contamination and exposure to the material.

Injury or illness caused by defective drugs may be another reason to pursue toxic tort litigation. Recent cases against the makers of drugs like Celebrex and Vioxx have resulted in awards to patients who were seriously injured by using these dangerous pharmaceuticals.

Pesticides, cosmetics and household chemicals are other substances that can pose a health risk if exposure occurs. Contamination may occur in groundwater, foods, or exhaust fumes as well.

If you were injured due to a toxic substance or exposure to a hazardous product, contact a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers will offer sound advice and experience that could help you recover financial and emotional damages from your injury.

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If you have contracted a disease or have experienced other bodily harm due to exposure to a toxic material or substance, you may be able to file a personal injury lawsuit to recover damages in a court of law. Many experts refer to these cases as “toxic torts”.

When considering litigation of these so-called toxic torts (injuries) it is absolutely essential that you are represented by a Chicago personal injury attorney who is experienced in this type of legal case. In Illinois, personal injury lawyers who have successfully represented plaintiffs in similar cases will know how to successfully present evidence in a toxic tort lawsuit and maximize your chances of receiving compensation for your injury.

A highly experienced Illinois personal injury lawyer is crucial because toxic torts are notoriously difficult to prove. Although a victim may have been exposed to the dangerous chemicals at work, at play, or even in their home, the symptoms from the exposure may not appear for years. Delayed manifestation is common in exposure to asbestos. Inhalation of asbestos can cause a lung disease known as mesothelioma, but a person exposed to asbestos may not be symptomatic for many years, sometimes decades after the initial exposure. An expert Chicago personal injury attorney will analyze the facts of the case, and attempt to uncover any possible evidence that will prove a toxic tort has occurred.

Toxic tort personal injury lawsuits are often presented as class action suits, since it is unusual to find only one person affected by toxic exposure. If your case does go to court, and the cause your injury or illness is proven to have been caused by a toxic substance, the corporation or entity responsible for causing the exposure will be held liable. Damages awarded should obviously cover medical costs and lost wages, but may also cover additional costs associated with pain and suffering, and emotional trauma.

If you have questions about toxic tort lawsuits, contact an experienced Chicago personal injury attorney for an immediate consultation.

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In the last post, our Chicago Personal Injury attorney explained the basics of “tort” law. The definition of a tort is a “private or civil wrong, usually involving injury or harm to a person, that is considered legal grounds for a lawsuit.” In Illinois, personal injury lawyers practicing tort law focus on gaining compensation for an injured person or persons for damages incurred, and stopping the dangerous conduct of the defendant (be it negligence or outright wrongdoing).

If you believe that a tort has been committed against you, talk to an Illinois personal injury lawyer in your area or state. A Chicago personal injury attorney may give you advice as to the next step to take and will help you understand what constitutes a tort lawsuit. The basis is: the existence of a legal duty owed by a person to another or others, a breach of that duty (sometimes known as negligence), that breach of duty is labeled as the reason, or proximate cause of the injury and that damages were incurred as a result of the breach of duty.

The facts of your case have to suggest that the injury was caused by another person or persons that have not acted as could be reasonably expected. Our Chicago personal injury attorney gives this example:

“If a person is driving on a highway and is rear-ended by someone following too closely and is subsequently injured, the person following too closely may be found liable. Their actions were unreasonably unsafe and constituted a breach of duty to follow the laws of the road.”

Even with a general understanding of tort law, you may still have questions about your rights. Contact an Illinois personal injury lawyer who is experienced in personal injury law.

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In the state of Illinois, personal injury lawyers may advise you on your legal rights after an injury accident. While not all personal injury incidents are grounds for a lawsuit, such as when your injuries are minor or you are swiftly and fairly compensated by the defendant’s insurance company, many people find legal action their only recourse. If you have questions about injuries you have sustained due to the fault or negligence of another, you should consult with a Chicago personal injury attorney.

If you are considering pursuing a personal injury claim, you may find it beneficial to educate yourself on some of the basics of injury law. Many legal terms and phrases are commonly used. Today we will discuss the term “tort”, and how it applies to you (the Plaintiff) in a personal injury case.

The basic definition of a tort is a private or civil wrong, usually involving injury or harm to a person, that is considered legal grounds for a lawsuit. The main goal of “tort law” is to compensate an injured person or persons for damages incurred and to stop the dangerous conduct of the defendant (be it negligence or outright wrongdoing). Common damages an injured plaintiff may recover in a tort-related personal injury lawsuit include medical expenses, compensation for pain and suffering, and loss of earnings (both present and future).

There are three recognized categories of torts, and the statutes that govern them vary from state to state. In Illinois, personal injury lawyers who are familiar with the laws of our state explain the general types of torts:

• Intentional torts: Offenses wherein a defendant was aware an injury would happen as a result of their actions
• Strict Liability torts: Involve liability for those manufacturing and selling products with defects and
• Negligent torts: Determined when the defendant’s actions are deemed unreasonably unsafe, such as in the case of speeding on a highway and causing an accident that results in injury.

If you have questions about tort law, contact a Chicago personal injury attorney. He or she will be able to offer sound advice based on years of experience advocating for the rights of the injured.

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If you were harmed in an accident in Illinois, personal injury lawyers can help you achieve justice and compensation for your injury. Filing a claim can be a difficult procedure, with repercussions lasting months or even years. In the last post, our Chicago personal injury attorney discussed some of the first steps you should take after an injury accident. Whether or not you plan to pursue immediate legal action, keeping detailed records of the event and subsequent treatment can be invaluable to you.

Here are a few more tips from our Illinois personal injury lawyer. First, you should keep good records of all of your conversations after the accident, be it with the people involved, with insurance adjuster or with your doctor. Note when and where the conversations took place and include a brief summary of what was discussed. When speaking by phone, be sure to document the name of the person with whom you spoke, and the date and time of the call.

Next, as time goes on after the accident, you should keep a running journal of what the accident has cost you: financially, psychologically and/or socially. For example, did you miss out on a family event, a job opportunity or promotion, vacation or regular work hours? In addition to typical compensation for medical bills, many of these losses may also be compensated for when a personal injury lawsuit is settled.

If you are unsure whether a loss is legally valid or not, ask your Chicago personal injury attorney if you are filing in the state of Illinois. Personal injury lawyers are will know what legally constitutes loss and will help you reclaim all you are owed according to the law.

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If you have recently been injured in an accident, you may be unsure how to take legal action.  You may be unsure if your case really requires legal representation.  No matter what, you should take a few initial steps to prepare for a claim, if and when you decide to file one.  “Time is of the essence” was never more true than in the case of a personal injury claim.

If you contact a Chicago personal injury attorney, he or she will assist you in understanding your rights in the state of Illinois. Personal injury lawyers will consult with you on the merits of your case, but there are many things you can do to prepare for the initial consultation.

Following your accident, you may be overwhelmed by obtaining medical care for your injuries.  Perhaps the most important first step you can take after seeking medical treatment is to write down everything you remember about your accident. Carry a notebook with you if necessary, and jot down details as you recall them. No fact is too small or unimportant, say Chicago personal injury attorneys. Begin by documenting simple details, such as the time of day, where you were going, what you were doing, etc. Were there witnesses? What was the weather like? If possible, collect contact information for potential witnesses.

Do your best to be descriptive about your injuries.  Did you hear a “pop” in your wrist, or feel a sharp pain in your spine? Were you dizzy or disoriented? For how long?  Try to make note of any conversations you heard, admittance of fault, or comments by witnesses. Your Illinois personal injury lawyers will advise you on the importance of statements by witnesses and other forms of possible evidence in your case.

Finally, keep good records of all of your medical treatments, including physicians who treated you, and diagnoses you’ve received. Make note of how the accident and the resulting injury have affected your daily life. While physical pain is usually a given, remember that anxiety, psychological trauma and loss of sleep can also have devastating effects on your well-being after an accident. Be sure to relay all symptoms to your doctor. They will become part of your official medical records and could prove invaluable should you go to court.

If you’ve been injured in an accident, you may need competent representation by a Chicago personal injury attorney to receive the compensation you deserve. If you live in the state of Illinois, personal injury lawyers can help you determine the merits of your case, and help you find justice according to the laws of our state.

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In this final post on our series on Illinois workers’ compensation, our Chicago personal injury attorney answers your questions related to Social Security Disability:

1. Can I receiver Social Security Disability Insurance if I am already receiving Workers’ Compensation benefits?

Yes, in some cases, but only if your medical impairment meets the definition of disability under both the Illinois Workers’ Compensation Act and the Social Security Act. However, federal law may require a reduction in the amount of money you receive in Social Security Disability benefits during the time you are also receiving Workers’ Compensation benefits.

2. When should I apply for Social Security Disability benefits?

If your age, education, skills and disability prevent you from performing most jobs, which exist in significant number in our national economy, you should file a written application with the Social Security Administration as soon as you know your disability is expected to last at least twelve (12) months, or that the disability will result in death.

Note: The date of filing may determine the date you become eligible for benefits.

3. Is it advisable to hire a Chicago Personal Injury Attorney to handle a Social Security Hearing?

Yes. A Social Security hearing is a legal proceeding just like a Workers’ Compensation case or a trial by jury. An Illinois personal injury lawyer experienced in Social Security Disability claims will protect your rights and maximize your chances of receiving an award of benefits.

If you have questions or concerns about your Workers’ Compensation case in Illinois, Personal Injury Lawyers can help. Contact an experienced Chicago personal injury attorney who specializes in Worker’s Comp as soon as possible.

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