Chicago Personal
Injury Attorney Blog

To put it simply, Products Liability Law is extremely complex. If you were injured due to a defective product you will need an experienced Illinois Personal Injury Lawyer if you live in or near Chicago. Personal Injury Attorneys can help you determine whether or not you have a case. In any jurisdiction, one must prove that a product is defective.

When preparing to file a products liability claim in Illinois, Personal Injury Lawyers must ask one important question, long before trying to prove liability. That is, “what constitutes a product?” The definitions may vary state to state, and there is no federal products liability law.

Illinois courts have addressed this question on a case by case basis. The following items have been found NOT to be a product under Illinois law:

1. Services
2. X-rays
3. Human body parts (blood, tissue or organs)
4. Living creatures (dogs, horses, etc)
5. Buildings and sometimes, their components. Illinois law holds guardrails, lights, windows, steam pipes, and roofs of a building not to be products. But, heating, ventilation and A/C systems, steel plates incorporated into real property, a dance floor and a conveyor belt have all been held to be products.

If you or someone you know has been injured due to a manufacturing defect or poor product design, or if a manufacturer failed to warn of a potential risk, you should contact a Chicago Personal Injury Attorney immediately if you live in Illinois. Personal Injury Lawyers will help you determine the merits of your case.

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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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There are 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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If you or someone you know has been the victim of an animal bite, you may be wondering what your legal rights are in this circumstance. What do you do when you have been attacked by a dog or animal and want to seek compensation?

The first thing to do, naturally, is seek treatment. Next, you should report the incident by contacting either your local animal control agency or the police. At this point, if you have been injured you may decide to pursue legal action.

In most states, including Illinois, personal injury lawyers will tell you that legally, anyone owning or keeping a dog, or other animal is responsible for damages to a person injured by that animal. The primary defense used by insurance carriers against such a claim against the owner of an animal who has injured an individual is that there was “provocation” of the dog or animal by the person who was bitten.

In addition to state laws that cover animal bites, communities may also have local leash laws and/or laws pertaining to animal bites and violations.There may also be a ban on certain breeds within communities. If a leash law is violated, the owner may be required to pay fines as well as monetary damages. Depending on the community, a Chicago personal injury attorney will be able to advise you on the laws and ordinances that pertain to your case.

Animal bites can be dangerous and debilitating. If you have been injured by an animal, consider contacting an attorney in your area. A Chicago personal injury attorney may be able to recover damages that result from dog or animal bites. These damages may include: wage loss, current and future plastic surgery costs, medical bills, counseling, if necessary and pain and suffering and disability.

Since animal bite laws vary from state to state it’s important that you contact an experienced lawyer in your area to determine whether or not you have a valid claim. Illinois personal injury lawyers who specialize in animal bites will refer to the Illinois Animal Control Act, a comprehensive law that explains liability when animal attacks occur in the state.

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In general, if a person is injured on your property, you are not responsible unless you did not exercise ordinary care or you were not careful. A Chicago personal injury attorney will likely advise you that in Illinois, in cases of premises liability, property owners are required to maintain their property in a way that will not cause injury to others who are visiting the property. It is important to remember that premises liability does vary from state to state, however.In the past, the extent of liability depended on the reason that the injured person was on the property – but current trends often do not make a distinction between invited and uninvited guests. In fact, in some states and in some cases, the owner of a business or home may even be held responsible when a burglar is injured on his or her property. Illinois personal injury lawyers will be able to inform you on these types of premises liability concerns within the state.

Illinois personal injury lawyers who take on premises liability lawsuits will attempt to prove that reasonable care was not taken to maintain the property and protect visitors from injury. If this is found to be true, the property owner through their insurance may be forced to pay damages for loss of income, medical expenses, disability, as well as pain and suffering, as determined by a jury.

If you’ve been injured while on private property, there are some actions you can (and should) take immediately if possible. Document the accident; take photos of the scene, and make note of the conditions of the area where the accident occurred. Line up any potential witnesses and keep track of their statements. This information is very helpful to a Chicago personal injury attorney who is evaluating your case.

If you are unsure of the law or have any questions about property liability, contact an experienced Chicago personal injury attorney for advice.

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Individuals who have suffered a serious personal injury face all-too-common hardships while seeking restitution. At best, the road towards compensation can be described as disheartening; at its worse, defeating.The difference lies in an individual’s ability to obtain early consultation with a Chicago personal injury attorney who is qualified to prosecute (if necessary) a trial on their behalf within a committed firm that possesses both the support teams and financial resources to see their case through to a just and successful conclusion.

The path to compensation for medical expenses, time off work, short term or permanent disabilities, and pain and suffering is typically littered with denial of responsibility. As financial hardships mount, the injured and/or their families are forced into unfair and low settlement agreements.

Unfortunately, the groundwork for defeat is laid early on as defense attorneys and insurance companies with endless resources to pay for years of delays carefully manipulate your words, your actions, the facts of your case and extent of your injuries, and ultimately, your rights.

The lives of the injured – or more appropriately, the worth of their lives — becomes a point of negotiation; reduced in value by corporations, their insurance companies, and the law firms hired to defend such adversaries against damages until the injured and the needs of their families are forced into desperate submission.

If you’ve been injured and live in Illinois, personal injury lawyers can help. Contact a Chicago personal injury attorney who specializes in your type of case as quickly as possible.

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If you were injured to the fault of another, you may be entitled to compensation. You may also require representation by a Chicago personal injury attorney if you live in Illinois. Personal injury lawyers are familiar with the guidelines of our state pertaining to your rights.

An experienced Illinois personal injury lawyer will fight diligently to ensure your rights are protected. We’ve learned the importance of preparing for your meeting with your attorney, as well as some questions you may want to ask him or her.

One important factor of your relationship with your Chicago personal injury attorney is money. How will you pay?

Again, Lawyers.com offers some good advice. You may want to ask:

• Would a contingency fee be possible?
• What  expert witnesses will be necessary to develop the case cost?
• What other out of pocket expenses does the lawyer anticipate?
• Does the lawyer advance out of pocket costs?
• Can the law firm financially afford to “carry” the case if it’s necessary to go to trial and wait for payment on a judgment?
• Would there be a retainer payable up front?
• Would any unused portion be refundable?

You should be provided with a copy of the Illinois personal injury lawyer’s fee agreement and have it thoroughly explained to you before decide on hiring the lawyer or the lawyer’s law firm. A reputable attorney will be up front with all costs anticipated.

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In the last post, our Illinois personal injury lawyer offered some tips on how to prepare to meet with your Chicago personal injury attorney for the first time.  While it’s very important that you gather all necessary information and documentation related to your case for your attorney, you should also think about questions to ask him or her when you meet. According to Lawyers.com, these are some questions you may consider asking your personal injury attorney.

• How many personal injury trials has he or she handled? Of those, how many did he or she win?
• What percentage of his or her practice is in the personal injury area of expertise that you need?
• How long has he or she been in practice?
• Does the lawyer usually represent injured people or defendants?
• What problems does the lawyer foresee with your case?
• What are your options?
• How would the lawyer go about handling your situation? What is the process?
• How long will it take to bring the matter to a conclusion?
• How would the lawyer charge for his or her services?
• What types of experts would the lawyer use to prove your case?
• Is there a time limit (called a “statute of limitations”) by which you must settle the case or file a lawsuit?
• Would the lawyer handle the case personally or would it be passed on to some other lawyer or support staff in the firm? If other lawyers or staff may do some of the work, could you meet them?

By getting to know your Illinois personal injury attorney and becoming familiar with the process of a personal injury case, you can best prepare for your own case.

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If you’ve decided to seek legal representation for an injury claim in Illinois, there are some preparations you should make before meeting your attorney for the first time. By knowing what your Chicago personal injury attorney will likely need from you, you can save time for both of you, which equals money for you.

Your attorney will want to know a little bit about your background, as well as the best way to get in touch with you. Many Illinois personal injury lawyers will send out a questionnaire for clients before the first meeting. Be sure to fill out this questionnaie in it’s entirety before the meeting. You should also gather any available document that may be requested at this time.

Potential conflicts of interest are of great concern to Illinois personal injury lawyers, so you should immediately disclose the names of the companies or individuals involved with your claim. This includes potential witnesses.  If your lawyer has a relationship with any of these parties, he or she will most likely not be able to represent you.

For many tort cases in Illinois, personal injury lawyers will need written documentation of your injury and damages.  Even if your lawyer hasn’t requested all documents up front, you should bring copies ofanything and everything you think may pertain to your case. These documents may include:

• Police reports or accident reports
• Copies of medical records (including hospitals, doctors, specialists and therapists)
• Medical bills
• Insurance statements or explanation of benefits (EOBs)
• Doctor’s reports (preferably containing diagnosis and prognosis of your condition)
• Information regarding any work missed
• Comprehensive list of the way your life has been affected by your injury
• A calendar or timeline containing all important dates (date of injury, doctor visits, surgery or other procedures, etc)
• Written description of interaction with insurance company
• Copies of any written correspondence from insurance company
• Copies of any claims already filed (i.e. worker’s comp or insurance claims)

It is important to be as thorough as possible when gathering records for your Chicago personal injury attorney. The more documentation you have, the stronger your potential case.

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If you live in Illinois and were injured due to the fault of another, you may wonder if you need a Chicago personal injury attorney.  The decision to pursue a lawsuit can be a difficult one to make, and there are many factors you should consider.

If you do decide to pursue legal action, you should be diligent about finding an experienced personal injury lawyer. He or she will first advise you on the merits of a possible lawsuit. Since laws vary from state to state, Illinois personal injury lawyers will be able to specifically counsel you on the state laws that pertain your case.

Having a general idea of personal injury lawsuits will help prepare you for your initial consultation with a Chicago personal injury attorney. First, consider whether or not you truly believe in the merits of your case. In and around the city of Chicago, personal injury attorneys are contacted by hundreds of potential clients a year. Many of these people do not have a legitimate lawsuit. Although you may believe that you were wronged and deserve compensation, remember that your idea of compensation may be different from that permitted by Illinois law.

Next, if you plan to pursue a lawsuit in Illinois, personal injury lawyers will advise you on the strengths and weaknesses of the evidence related to your case. They will also be able to judge the evidence of your opponent through a process called discovery. Your Chicago personal injury attorney will also counsel you when determining whether or not your witnesses will be reliable and/or believable, and even assess your own personality, and determine whether or not you might appeal to jurors.

Finally, you may need to consider your willingness to settle.  Most personal injury lawsuits are settled out of court. Since a settlement involves a compromise between two positions, it may not always produce the desired amount of compensation. However, it does remove the risk and high cost of litigation. If you do go to court, you risk a jury finding against you and thus awarding you nothing. Deciding to accept a settlement, however, does not mean that there is no room for negotiation. You and your attorney will discuss the pros and cons of an offer and weigh all the elements that will provide fair compensation for emotional, physical or financial loss due to injury.

If you are considering pursuing a lawsuit, the first step is to find an experienced attorney that you trust – and take the time to educate yourself about the workings of the law in Illinois. Personal injury lawyers may be able to help you obtain the compensation you deserve.

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