Losing a family member can be an extremely emotional and difficult time. Illinois personal injury lawyers understand the seriousness of your loss and the challenges you will face. Wrongful death lawsuits are intended to compensate surviving family members for medical expenses, loss of the deceased person’s earnings, funeral and burial expenses and any other expenses involved.
Our Illinois personal injury lawyers have the knowledge and experience necessary to handle the legal issues raised by accidental death and sympathize with family members who have lost a precious loved one.
If you feel your family member died as the result of negligence by another party, contact a Chicago personal injury attorney immediately. Whether he or she was in a fatal car accident, equipment accident, construction site accident, assault, defective product or the victim of nursing home negligence, our skilled attorneys will work diligently to uncover the facts and circumstances that lead to the unfortunate death.
The following questions provide additional insight of circumstances that can lead to wrongful death lawsuits:
- Did a bar, restaurant or acquaintance serve alcohol to a drunk person who then drove a vehicle that hit and killed your loved one?
- Was a defective automobile product to blame in a fatal automobile accident?
- Did poor security, lighting, property maintenance or lighting contribute to the accidental death of your loved one?
These examples highlight only a few of the many possibilities that can lead to a wrongful death claim. Contact a Chicago personal injury attorney if you feel a loved one was the victim of an accidental death as a result of negligence. Competent and experienced lawyers can help ease the burden as you take the time to grieve and regroup as a family.
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The United States legal code defines a civil lawsuit as “A civil action in which a plaintiff seeks a legal resolution to a complaint.” According to Illinois personal injury lawyers, civil lawsuits almost always involve conflicts between citizens. On rare occasion they involve government agencies or personnel.
When a personal injury civil lawsuit is filed, it will be heard in court. If the plaintiff wins the case, the judge will impose a penalty on the defendant, enforce the plaintiff’s right or issue an injunction to stop illegal behavior. A combination of these conditions may also take place. If you have been injured and another party is to blame, consider contacting a Chicago personal injury attorney.
Under tort law or a personal injury lawsuit, Illinois personal injury lawyers fight for the plaintiff to be awarded damages. These damages can be money or other services paid by the defendant. The damages are intended to assist with medical expenses, repay lost wages and make up for pain and suffering.
A wide realm of personal injury lawsuits are possible, but the most common lawsuits involve car accidents, on-the-job injuries, defective products, exposure to hazardous substances and dangergous or poorly maintained buildings. If you feel you have been the victim of any personal injury, your attorney will do extensive research, make sure your case has legal standing and ensure the claim fits within the statute of limitations.
Skilled Illinois personal injury lawyers will have a detailed plan of attack and extensive proof of the negligence of the defendant and the extent of your injury. If you are not satisfied with the results of the case, your attorney can also file an appeal. The appeal court may award damages or dismiss the case. Contact a Chicago personal injury attorney immediately if you have been the victim in a personal injury lawsuit for you deserve justice.
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In Illinois, personal injury lawyers frequently represent victims of negligent personal injury claims. Negligence is critical in proving a personal injury lawsuit and even defining negligence can be difficult. Often times, personal injury attorneys and juries differ in agreement as to what constitutes appropriate and reasonable actions. According to personal injury law, to be liable as negligent, a defendant must have taken actions or been thoughtless in a situation that a reasonable person in a similar situation would not have done.
In the past, negligence was a black or white issue. A plaintiff was either negligent or not. Today, Chicago personal injury attorneys explain how partial negligence can be used to defend people involved in personal injury lawsuits. This change has drastically changed outcomes of trials.
For example, if a driver is going 30 miles per hour over the speed limit and hits a pedestrian, the driver may be considered negligent. The attorney representing the plaintiff might make several objections. Cars on that particular road might travel
faster than the posted speed limit for instance, or the posted speed limit sign might not have been clearly visible.
Negligent lawsuits take place throughout many industries such as product defects, toy manufacturers, construction companies, contractors and employers. Because negligent lawsuits are not simply black and white, Illinois personal injury lawyers can be of great assistance through the legal process whether you are the plaintiff or personal injury victim.
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Our Illinois personal injury lawyers recently received a question from a reader regarding libel and/or slander cases. According to the legal definition of personal injury, slander and libel are both considered actionable personal injury. Both actions constitute defamation against character. Slander is defined as “short-term defamation” and libel as “written defamation of character.” Slander might occur with spoken words or gestures while libel could be more permanent.
Plaintiffs in slander and libel cases must be prepared of the difficulty in proving actual damages were committed by defamation. The first amendment of our constitution guarantees freedom of speech and expression liberally. The burden of proof for defamation can be even more difficult for public figures such as sports stars, celebrities and politicians.
Defamation cases can be filed at the state or federal level although Illinois personal injury lawyers say most cases are filed with the state. Many defenses are used in slander and libel cases. Some defenses may or may not apply to your case. The following defenses are most widely used:
- Privilege: Statements written or spoken were enacted in the course of legal testimony or written/spoken by legislators during session
- Truth: the The information put forth by the slander or libel was correct and a public benefit
- Opinion: Statements which many not be falsifiable by any reasonable standard
- Innocent Dissemination: The discussion or repetition of slogans, ideas or thoughts that have been widely reported in the media or on the internet which the defendant may not have reason to believe were defamatory in the first place.
Due to the complexity of slander and libel cases, Chicago personal injury attorneys can be of great assistance in proving actual damages were committed by the defamation.
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In this latest series of posts, Illinois personal injury lawyers have been discussing Workers’ Compensation Law and the dangers of the construction industry. If you have been injured in any type of accident, building evidence for a claim is a crucial part of having a successful case. Chicago personal injury attorneys can guide you in gathering evidence to build
your case.
From the moment an accident or injury takes place, every detail needs to be documented. Much of the record keeping should occur immediately, even before you meet with Illinois personal injury lawyers. Writing down everything you remember before, during and after the accident can be vital to your case. If possible, having video, photos and witness testimonies will help tremendously.
The extent of injuries needs to be fully documented. Keep in mind, njuries are not limited to physical. Any mental or emotional injuries need to be detailed. Keep records of all treatments and record the impact on your personal and work life. Chicago personal injury attorneys recommend keeping an hourly journal to help build the strength of your case.
Visual evidence is always helpful in building a claim. If your injury was sustained during a car accident, find witnesses of the scene and take photos. If the injury was from a defective product, keep it in the same condition it was in when you were injured. Keep any applicable instructions, packaging or receipts that came with the product.
If you have been injured in any type of accident or on-the-job, competent Illinois personal injury lawyers can help fight for proper compensation and assist in building crucial evidence for your claim.
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Our Illinois personal injury lawyers often receive questions regarding the statute of limitations after a workplace injury. Many factors are involved in Workers’ Compensation cases and the legal complexity involved is an important reason to contact an experienced Chicago personal injury attorney.
To bring an Illinois Workers’ compensation claim, the statute of limitations is the longer of three years from the accident date or two years from the last compensation payment. An exception to this rule is when the injury is repetitive trauma such as a back problem after lifting for an extended period of time.
Two years from the last compensation payment includes any benefit paid or payment of medical benefits. As long as the medical bill is through group insurance from your employer or disability policy benefits, often the statute of limitations extends to anytime a bill is paid, even if the statute of limitations passed.
Illinois personal injury lawyers advise to give your employer notice of an injury within forty five days of when you either knew or reasonably should have known that it could be a work related accident or injury. This technicality can lead to a loss of benefits.
Workers’ Compensation cases are not always black or white. Contact a Chicago personal injury attorney if you have been injured on the job. He or she can further explain the statute of limitations regarding workplace injuries and accidents.
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In Illinois, work injury cases are normally filed at the Illinois Workers’ Compensation Commission. The Commission receives approximately 60,000 cases every year. Although locations exist in Rockford, Woodstock, Geneva, Wheaton and Waukegan, the main location where the majority of trials occur and paperwork filed is in Chicago. Personal injury attorneys explain that these cases are not lawsuits and therefore filing a claim does not include a filing fee. Instead of being assigned to a Judge, you are assigned to an Arbitrator. The Arbitrator is generally closest in proximity to where the work injury took place.
Unless you are not receiving benefits and your lawyer files a motion to get a trial date, your case will come before the Arbitrator every sixty days according to Illinois personal injury lawyers. If your case goes to trial, you can appeal the decision if you do not like the outcome. The insurance company can also appeal. At this point the Workers’ Compensation Commission assigns three Commissioners to your case. In Illinois there is a total of nine Commissioners who travel throughout the state to hear the various appeals. You will not be required to testify again. Instead, the Commissioners read the trial transcript and any memos by Chicago personal injury attorneys. Generally, each lawyer will have five minutes to argue their desire for the case.
The Illinois Workers’ Compensation Commission also investigates businesses that fail to carry Workers’ Compensation insurance. Failure to carry proper insurance is a felony in Illinois. Any work injury fraud cases are also reported to State leaders.
If you have been injured in or around Chicago, personal injury attorneys with experience in Workers’ Compensation Law and the Illinois Workers’ Compensation Commission can be an important ally in fighting for your rights and proper compensation for your work injury.
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Many people work more than one job, especially during this financial crisis. Often, the two jobs consist of a full and part time job. If you are involved in a work related injury, both jobs become relevant. Illinois personal injury lawyers use the following scenario to explain how the two jobs affect a Workers’ Compensation Claim:
Assume your full time job is a secretary but you work part time at a restaurant ten hours a week to make extra money. Let’s assume you make $500.00 a week as a secretary and $150.00 at the restaurant. If you hurt yourself at your full time job and file a claim, the first question asked is your average weekly wage. This question is very important because it will help determine how much your settlement is and what you will be paid.
In Chicago, personal injury attorneys explain the main factor is whether or not your full time employer knew about your second job. Their knowledge is key in determining your average salary. If they did not know you were employed part time, you would only receive benefits for the full time job. If they knew about the second job and you were not able to work there due to your injury, benefits would be paid for both jobs.
At times, employees with two jobs can often resume work at one job but not the other depending on the physical demands of the job. In this case, you would be paid for the job you are not able to do. If you could only work the full time job, you would be paid for the part time work and if you could only work the part time job, you would be paid for the full time work.
Workers’ Compensation cases can quickly become complicated. Competent Illinois personal injury lawyers can help ensure you receive the maximum benefits allowed if you have been injured on-the-job or have more than one job.
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Recently, a reader sent the following question to our Illinois personal injury lawyers:
“What happens to my Workers’ Compensation Case if my Employer Files Bankruptcy?”
Our Chicago personal injury attorney answer this question below:
“The key point to remember is that Workers’ Compensation claims are not lawsuits. Under Illinois Workers’ Compensation Law, every employer must carry insurance. Lack of Workers’ Compensation insurance is a felony. If a company files for bankruptcy and goes out of business, their insurance must still pay your injury benefits. The bankruptcy filing can cause a delay in your case, but should never eliminate your case entirely. If an employer has enough money in revenue that Illinois has given them permission not to have insurance, they are considered self-insured and must handle their work injuries in-house. If a self-insured company goes bankrupt, your case will not go away.”
The State of Illinois has a department called the Illinois Insurance Guarantee Fund that takes over if an insurance company or self-insured company goes out of business, further protecting your rights. A delay may also take place, but you will still be entitled to your Workers’ Compensation benefits according to Illinois personal injury lawyers.
Contact a Chicago personal injury attorney who will look out for your best interests if you have been injured on-the-job. Employers do not always have the best interest of their employees in mind.
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As previously discussed, the Federal Employees Liability Act (FELA) provides many benefits for federal workers. In Chicago, personal injury attorneys have used the provisions of the FELA to help represent injured railroad workers. Under the FELA, if you were injured on the job and your employer was found to be negligent, you are entitled to compensation for pain, disability, future pain, disfigurement and suffering.
If you were injured but your employer was not found to be negligent, you are still entitled to maintenance and cure according to Illinois personal injury lawyers. Maintenance and cure covers payment of medical bills and a percentage of your lost wages. The downside of the FELA is that once injured workers reach their “maximum cure,” the employer may cease to pay for medical bills.
If medical bills are for palliative purposes which means to treat pain and not provide functional improvement, the employer can stop benefits. Any dispute that arises regarding whether treatment is palliative or not is often decided by the treating physician. For instance, if an individual was injured and has back pain that cannot be “cured,” any prescriptions to cover the pain becomes the responsibility of the employee versus the employer under the FELA if the employer was not found to be negligent.
If you live in or around Chicago, personal injury attorneys can help assist you with the provisions under the FELA. If you feel your injury was caused by the negligence of your employer, it is imperative to seek legal representation immediately to ensure proper compensation for your injury. Proving negligence of an employer without the help of Illinois personal injury lawyers can be extremely difficult.
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