Illinois personal injury lawyers frequently receive questions regarding “Statute of Limitations.” This term refers to laws that regulate the maximum period or deadline in which a lawsuit can be filed. Deadlines vary depending on the type of personal injury case and against whom it is filed.
Statutes of Limitations are are defined by law in Illinois. If a lawsuit is not filed within the deadline, the case is generally forfeited. Only under rare circumstances will the deadline be extended. A Chicago personal injury attorney provides the general Statutes of Limitations for specific personal injury cases.
- Products Liability - Two Years
- Premises Liability - Two Years
- Workers’ Compensation - Three Years
- General Injury (car accident) - Two Years
- Against the CTA - Filed by an attorney within six months and the claim filed within one year
- Against the city or another public entity - One Year
If you have any questions regarding the Statutes of Limitations in Illinois, personal injury lawyers can offer additional information. If you are suffering from an injury, contacting a skilled attorney immediately is crucial to avoid missing any deadlines and being forced to forfeit the right to seek compensation.
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The recent instability in the economy has caused many individuals concern over their credit rating in Chicago. Personal injury attorneys are advocates for consumer rights under provisions of the Fair Credit Reporting Act (FCRA). Individuals deserve justice when they have been subject to violations of the FCRA. Violations commonly occur and can be grounds for legal action.
The FCRA was originally passed for protection of accurate credit reports and consumer privacy. Illinois personal injury lawyers can help seek damages if you feel you have been the victim of the following violations:
Unauthorized Use:
Limitations are set as to when consumer reports can be requested. Collection agencies can access the reports if they are attempting to collect a debt. Extension of credit, court orders, written approval, or insurance applications are other lawful reasons to request a consumer report. A violation occurs if a credit report is requested for litigation or a political rival.
Deletion of Improper Information:
Any debt older than seven years or a bankruptcy older than ten years must be deleted. Credit reporting agencies have a duty to maintain accurate and current information. A violation of the FCRA occurs if any information reappears after being removed explains a Chicago personal injury attorney.
Protecting your credit rating is extremely important. Illinois personal injury lawyers with experience in consumer law can help protect you if a violation of the FCRA has occurred. Consumers have a right to privacy and accuracy of credit reports.
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Proving negligence or carelessness can be difficult according to Illinois personal injury lawyers. At times, a personal injury claim against an individual or company may not warrant representation by a Chicago personal injury attorney. If the injury or medical bills are not equal to the high expense of the court system, Small Claims Court is an option.
Filing a case in Small Claims Court is generally inexpensive and can be prosecuted without an attorney. If your claim is against a company, this court system can be a good choice because the company is likely to have medical payment coverage. Even if they are not found negligent, your medical bills might be covered. Most companies have a medical payment coverage provision between five and ten thousand dollars according to Illinois personal injury lawyers.
If a company does not have medical payment coverage, you will need to prove the defendant was negligent. In this situation, you may need a Chicago personal injury attorney to represent your case and help to prove the defendant was indeed negligent.
Skilled and experienced Illinois personal injury lawyers can offer advice if you have been injured and feel another entity was responsible. They can help determine the merits of your case, the costs involved, and whether Small Claims Court is a good option for legal action.
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When used correctly, safety belts reduce the risk of fatal injury to front-seat passengers by up to forty five percent. The risk of moderate to critical injury is reduced by nearly fifty percent. An average of three million people suffer from seat belt injuries every year and thousands die as a result of these injuries according to The National Highway Traffic Safety Administration. Illinois personal injury lawyers who specialize in auto products liability cases can help seek justice if you have been the victim in this type of accident.
Injuries from defective seat belts often occur when they fail to adequately protect a passenger during the “second collision.” The initial impact is known as the “first collision.” The second collision refers to the passenger’s impact with objects inside the vehicle. In other cases, passenger ejection is referred to as a second collision explains a Chicago personal injury attorney.
Injuries sustained from a defective seat belt can be widespread. Contusions, skeletal injuries, spinal cord injuries, soft-tissue damage, traumatic brain injury, paraplegia, chest injuries, abdomen injuries and rib injuries are examples of possible injuries. As discussed previously, many seat belt related injuries are deadly.
If you have been injured due to a defective seat belt or any other auto-product failure in Illinois, personal injury lawyers can help you receive the compensation you deserve. Seat belts were designed to protect passengers from injury and automobile manufacturers have a responsibility of ensuring their products are designed to keep you safe.
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Recent statistics from the Federal Motor Carrier Safety Administration show that truck driver fatigue is a factor in 15% of truck accidents involving injuries and fatalities. Despite this statistic, Illinois personal injury lawyers report that the federal government changed the rules concerning hours that a trucker may drive. The hours were actually increased. After the change in hours, the Insurance Institute for Highway Safety (IIHS) found that truckers have been driving more hours and falling asleep more frequently. The increase was found to be over 20%, up from the previous reports of around 13%.
According to a Chicago personal injury attorney, many victims are injured and killed in truck related accidents. Despite measures being taken to correctly monitor hours truck drivers are on the road, accidents are increasing. In addition to fatigue, truck traffic has increased as a result of “just-in-time” inventories. Mexico based tractor trailers are allowed onto American roads. Many drivers of these trucks are not properly trained.
Illinois personal injury lawyers have represented victims of truck-related accidents and stress that steps need to be taken to lower, not raise the number of hours a trucker can drive without rest. The IIHS has been pushing the federal government to require recorders in trucks for over twenty years to make it more difficult for truckers to hide their real driving time.
If you would like more information about fatigue-related truck accidents or if you have been injured in this type of accident in Illinois, personal injury lawyers can help you take legal action and seek damages. Experienced Chicago personal injury attorneys can help to navigate the state-specific laws surrounding the filing process and statute of limitations.
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Automobile manufacturers have an ethical and legal duty to ensure their vehicles are safe and will reasonably protect their occupants during an automobile accident. Illinois personal injury lawyers have found that manufacturers often fail to meet both ethical and legal duties. In the most extreme cases, the company knew it was falling short of standards but did not take action due to financial costs. If you have been injured in a car accident, one question that needs to be explored is “Is my car to blame?”
Chicago personal injury attorneys have represented many victims of auto products liability. The most common form of auto product defects include:
- Rollovers
- Defective tires and tread separation
- Seatbelt failure
- Airbag failure
- Roof crushing accidents
Upon purchasing a vehicle, you have the right to feel safe in that vehicle. If you were injured due to a defective automobile or automobile part, you also have the right to take legal action against the manufacturer. If you live in Illinois, personal injury lawyers with extensive experience can help prosecute your case and bring justice. Automobile manufacturers must be held accountable for their ethical and legal duties to provide safe vehicles.
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The term “repetitive injury” refers to a painful condition brought on by specific work or movement. Illinois personal injury lawyers explain how this disorder may relate to a Workers’ Compensation case. Repetitive injuries can result from overuse of a device like a computer mouse or because of an activity that requires repetitive movements. This injury can be extremely painful and usually affects tendons, nerves or muscles in the hands, upper back or arms.
Repetitive strain injuries can also be called:
- Occupational overuse syndrome
- Cumulative trauma disorder
- Work-related upper limb disorder
Chicago personal injury attorneys have extensive experience representing those affected by repetitive strain injuries. Additional diagnosed conditions include:
- Radial tunnel syndrome
- Thoracic outlet syndrome
- Tendonitis
- Cubital tunnel syndrome
- Carpal tunnel syndrome
If you live in Illinois, personal injury lawyers can help you determine the proper course of action if you are suffering from a repetitive strain injury. Experienced and competent lawyers can help evaluate your condition and the options you have to pursue legal action.
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Many people are not certain whether or not they have a personal injury claim. Illinois personal injury lawyers explain that you have a claim if the actions of another individual operating a truck, automobile, airplane or motorcycle were negligent or careless. Negligence is defined as “Failing to do what a reasonable person would do, given a certain set of circumstances.”
Failing to stop at a stop sign or driving 30 miles per hour over the speed limit resulting in an accident are examples of negligent behavior. The driver can be held responsible for damages and personal injuries caused by actions for pain, suffering, disability or even death.
An injury does not have to be physical in order for damages to be sought. Emotional distress or verbal abuse can entitle monetary damages. In the case of wrongful death, surviving family members can seek damages through litigation according to a Chicago personal injury attorney.
Substantial damages are often awarded, even when a personal injury case involves minor injuries. Hospital expenses, medications, physical therapy and any additional medical expenses can be recovered. When extreme negligence occurs, punitive damages may be awarded helping to ensure the conduct is not repeated in the future.
Mediation is used frequently as a means of resolving personal injury claims. Illinois personal injury lawyers use this method frequently with the goal of arriving at a reasonable compromise settlement. Mediation is often used in wrongful death cases, or cases that are expensive and difficult to litigate a jury. This method often ends the claim or litigation without any further cost to the client. If a mediation is unsuccessful, regular procedures of litigation and jury trial will take place without any penalty.
If you would like more information regarding personal injury claims, contact a skilled Chicago personal injury attorney. He or she can answer any questions you have regarding your claim and help you seek damages for injuries sustained.
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Personal injury claims do not always lead to damages awarded. Illinois personal injury lawyers explain how in some situations, the defendant’s conduct may not give rise to damages. For example, a plaintiff might knowingly and therefore willingly choose to encounter a known hazard. This situation is known as risk theory. The defense is that he or she assumed the risk of injury and therefore should not be awarded damages from the defendant.
A Chicago personal injury attorney offers the following example of risk theory.  In a friendly game of tackle football, if a player is injured and breaks a bone, he or she may not be able to recover damages for injuries. The player was aware of the risks involved in tackle football and was a willing participant.
Many defenses arise when defending against personal injury claims. The following defenses are used frequently:
- Sovereign immunity which provides that some government officials are immune from civil liability for official conduct.
- Statute of limitations which are laws stating the period within which a lawsuit must be initiated.
- Intentional misuse which is when an injury is caused by a plaintiff’s intentional misuse of a product.
- Contributory or comparative negligence when a plaintiff’s conduct caused or contributed to his or her injuries.
These personal injury defenses are only a few used by defense attorneys. If you have been injured and feel another party was responsible or negligent, experienced and competent Illinois personal injury lawyers can help you seek damages. They can also explain these defenses and determine whether any of them apply to your case.
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Riding a bicycle near automobiles and trucks can be a safety hazard. If you have suffered an injury riding your bicycle and feel the driver was negligent, Illinois personal injury lawyers can help you seek justice. Motorists often have little regard for bicyclists who have a legal right to be on the roadway.
Bicyclists have little protection in a collision and injuries sustained can be debilitating or fatal. Many motorists are inattentive towards bicyclists and fail to give riders sufficient room. Chicago personal injury attorneys can help protect your legal rights and fight to get you the compensation you deserve if you have been injured.
Illinois personal injury lawyers give the following do’s and don’ts to adhere to following a bicycle accident:
- Do seek prompt medical treatment and make sure all injuries are documented thoroughly
- Do save damaged clothing, your helmet and gear
- Do take photographs of your damaged bicycle and any visible injuries you suffered
- Do cooperate with your own insurance company
- Do contact a Chicago personal injury attorney immediately
- Don’t sign any paperwork allowing the negligent driver’s insurance company to get your medical or employment records
- Don’t allow the negligent driver’s insurance company to meet with you
- Don’t give a recorded statement to the motorist’s insurance company
If you have been a victim and are recovering from injuries, the last thing you need to deal with is insurance companies. Devote your time and energy into getting well and let Illinois personal injury lawyers haggle with the adjusters and handle the paperwork. Experienced attorneys can assess and protect your legal needs and rights.
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