Personal injury claims sometimes settle relatively quickly. Other times they can take years to settle according to a Chicago personal injury attorney. In some cases, years of litigation can take place with no settlement. The case must then be decided in court by a jury or judge. No easy way exists to predict how long a personal injury case will take to resolve.
Even when personal injury litigation takes years with little hope in sight of compensation, it is important to maintain perseverance and to have a competent Illinois personal injury lawyer on your side.
Many plaintiff’s become frustrated at their lawyer after a case is filed. Keep in mind, the other party’s insurance company usually does not have a legal duty to settle quickly. Insurance companies are aware that most people are in a hurry to settle their case; therefore, they often use this tactic in attempt to get an individual to settle for less. During this lengthy time, the insurance company is generally working to uncover anything they can about you and the accident. You will often receive multiple questions to answer under oath. You will also be required to produce medical records and any other important documents.
Many courts now require Chicago personal injury attorneys to mediate or arbitrate cases prior to going to trial. During mediation, a neutral party will try to help the parties reach a middle ground. Arbitration is a “mini-trial” of the case in front of a panel of judges or an arbitrator who listen to an informal presentation of the details.
If your case does not settle, a trial is necessary and a jury will decide on your injury compensation. Trials are not scheduled on an Illinois personal injury lawyer’s schedule. Trials are on the court’s schedule. This can lengthen the legal process by years.
Even if you go to trial, there may be an appeal or further motions and hearings. In addition to these lengthy legal processes, you may have difficulty collecting from the insurance company or responsible party. The main point to remember is to stay patient throughout the legal process and to have a competent, experienced Chicago personal injury attorney on your side.
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Federal statistics indicate more than 4,000 people per day are involved in a car accident because of distracted driving. Illinois personal injury lawyers report that come January 1st, 2010, a ban on text messaging for Illinois motorists will be in effect in an effort to reduce car accidents caused by distracted drivers.
Secretary of State Jesse White, stated “Common sense would tell you that when your eyes are off the road, who’s driving? It’s really bad that we have to legislate logic.” Close to two hundred new laws were recently introduced through the United States to combat distracted driving. This new law was one of about ten new laws in the state of Illinois. Personal injury lawyers offer the following information on what will be illegal while driving:
- Sending a text message
- Reading a text message
- Sending e-mail
- Downloading a ringtone
- Sending an instant message
- Using the internet
Chicago personal injury attorneys explain that you will be able to use your cell phone’s GPS device. You can text is you are reporting an accident, emergency, if traffic is stopped, or your car is in park or neutral. You may also pull over to the shoulder if you need to do any of these actions.
Any violators of this new law will face a fine of $75. A license suspension may occur if three or more violations take place in one year.
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Potholes can be extremely dangerous to any motorist, but especially to motorcycles. Potholes are frequent throughout the roads of Chicago which can lead to hazardous conditions. A motorcycle rider was severely injured in a motorcycle crash in 2000 after his vehicle hit a large pothole. According to Illinois personal injury lawyers, he filed a personal injury lawsuit against the city of Chicago, which recently settled for $3.25 million.
The accident took place near the 900 block of S. Western Avenue. The plaintiff’s complained alleged that the roadway condition was dangerous due to a large pothole. His motorcycle went into the open pothole, and the driver was thrown from the motorcycle. He sustained traumatic injuries including the paralysis of his right arm and loss of vision in his right eye. The driver was unable to return to work due to the injuries sustained.
Negligent claims do not have to filed against another individual. In many cases, Illinois personal injury lawyers represent clients filing a claim against a city or state. In this particular case, the plaintiff alleged the city had been negligent in it’s maintenance of the roadway. This negligence was determined to be the cause of the motorcycle accident.
If you have been involved in an accident and feel you are the victim of another party’s negligence, contact a Chicago personal injury attorney immediately for a free consultation.
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Illinois personal injury lawyers are all too familiar with representing victims of construction zone accidents. In 2008, nearly eight thousand construction zone accidents occurred, injuring almost two thousand people and claiming thirty one lives. Many of these accidents could have been prevented.
The state of Illinois reported most of the construction zone accidents occurred in urban areas. 3,827 occurred on the Interstate, 1,511 on city streets and 1,217 on state routes. Motorists face a minimum $375 fine is a violation of speed occurs in work zones. Hitting a construction worker can carry a penalty of $10,000 and fourteen years in jail.
Chicago personal injury attorneys offer tips for motorists to avoid Illinois construction zone accidents. First, always slow down in a construction zone whether workers are present are not. Speeding penalties will apply regardless of if workers are present. Also, pay attention to where a work zone begins and ends. Reduce speed accordingly. Illinois law requires all motorists to either move to the next available lane or slow down when approaching a construction work zone.
If you have been injured as a worker in a construction zone in Illinois, personal injury lawyers can help fight for your rights and seek proper compensation. Motorists must follow the law when driving through all construction zones.
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Many teens will be driving on the roads for long holiday breaks over this holiday season. Illinois personal injury lawyers recommend reviewing driver safety with your teen prior to the holiday season arriving. The congested roads and winter conditions increase danger and statistics show teens have an increased risk of accidents while driving in Chicago and across the United States.
Recent studies show traffic accidents to be the leading cause of death in people from ages fifteen to twenty. The fatality rate for teenagers is up to five times higher than that for drivers between their thirties and fifties. Chicago personal injury attorneys explain that lack of experience, driving under the influence, and risk taking behavior all contribute to these higher fatality rates.
The Centers for Disease Control and Prevention reported recently that one in four teens who died in a car accident was legally drunk. The last half of December is consistently the most dangerous time during the year.
The National Highway Traffic Safety Administration offers a teen-driver safety program. Lessons include:
- Starting and stopping
- Backing up
- Parking
- Changing lanes
- Following other vehicles
- Managing intersections
- Establishing right-of-way
- Changing directions
- Defensive driving
- Handling difficult driving conditions
If you would like more information about educating teen drivers, or if your teenager is injured in a car accident in Chicago, personal injury attorneys offer a free consultation to discuss your rights.
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The roads in Chicago are extremely dangerous during the winter months. Illinois personal injury lawyers have represented many victims of what is known as “peephole” driving. This post will offer tips to help keep you safe and injury free during this dangerous time of year to be on the roads.
- Always buckle up
- Use dim lights during rain or fog
- Do not drive in dense fog or under 10mph. Pull off the road and stop
- Drive slow and increase following distance
- Watch for slick spots under bridges
- Do not drive until your window is defrosted
- Be prepared to act mentally and physically
- Be prepared to turn back if conditions are too dangerous
- Brake slowly in snow or ice
- Always be alert for what is ahead
- If you start to slide, ease off the gas or brake
These tips highlight a few ways to increase safety while driving in the winter. Contact a Chicago personal injury attorney if you have been injured in an accident and feel the other driver was negligent or not practicing safe driving during hazardous conditions.
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In Illinois, personal injury lawyers have represented numerous personal injury victims. If you have suffered an injury or been in an accident and feel another party is responsible, you have grounds for a lawsuit. A Chicago personal injury attorney can help you determine if settlement or litigation is your best option.
After gathering as much evidence as possible, meet and have a consultation with your attorney. He or she will take your case through civil court proceedings and attempt to negotiate a settlement. A settlement is the primary objective in most personal injury lawsuits. The case will not need to go to trial if a settlement is made.
Often times, reaching a settlement is in the best interest of the victim. Even if a case is in the middle of a trial, a settlement can be made. Settlements allow the opportunity to structure settlement terms to meed the needs of your injury or disability. They can also maximize tax benefits and prevent you from the stress of a trial. Illinois personal injury lawyers can offer advice on how to structure your settlement. In some cases, a settlement agreement suitable for both parties cannot be reached and a trial is necessary.
Chicago personal injury attorneys often recommend going to trial if your case is strong. You might be awarded a larger settlement. Skilled and knowledgeable attorneys can help evaluate the merits of your case and whether or not the potential compensation is worth the risk.
Attorneys are very familiar with previous court decisions and the laws in Illinois. Personal injury lawyers can also assist you with the filing process, statute of limitations, appropriate monetary amounts allowed by law and types of damages to be sought. Having a skilled lawyer is crucial if you have been the victim of a personal injury.
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In the previous post, Illinois personal injury lawyers discussed the dangers of rollover accidents and how manufacturers are making changes to make vehicles safer. Recently, Lexus and Toyota have recalled thousands of vehicles in response to numerous complaints of cars suddenly accelerating on their own.
Some of the cars were found after crashing into trees, brick walls, parked cars and other obstacles. Over the last ten years, as many as nineteen deaths have been reported directly related to sudden accelerations. The National Highway Traffic Safety Administration (NHTSA) investigated many of the cases in an attempt to uncover if a product defect was responsible.
The federal agency closed six cases without finding a defect, but Toyota recalled thousands of vehicles in response to two of the complaints. Some inquiries were closed even though drivers said they were not able to stop runaway cars even after using their brakes. Chicago personal injury attorneys urge Chicago area Toyota and Lexus owner to be aware of this serious and ongoing problem.
In August 2009, a California highway patrolman and three members of his family died in a Lexus ES 350 that accelerated to more than 100 mph and crashed. Toyota recalled 3.8 million vehicles in September, blaming the problem on an incorrectly installed floor mat. They are now designing a fix that will prevent sudden acceleration caused by floor mats.
The NHTSA is closely monitoring Toyota vehicles and has called the issue of sudden acceleration “a very dangerous problem.” An estimated two hundred fifty cases of sudden accelerations have been reported in the United States, yet NHTSA officials have declined to investigate most of them. The remedy at this time is not determined. If you have been involved in an accident and you believe sudden acceleration was a factor, Illinois personal injury lawyers can help investigate and determine whether legal action should be pursued.
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Rollover automobile, SUV and truck accidents have been a huge issue throughout the United States and in Illinois. Personal injury lawyers have represented many clients who have been injured in these dangerous accidents. Manufacturers have compensated victims of rollover injuries and deaths for years and are finally taking steps to protect the public.
In past years, car, SUV and truck manufacturers greatly ignored product defects causing inadequate passenger protection during rollover crashes. Many manufacturers relied on insufficient minimum government standards. The 1973 version of the federal roof crush standard for automobile manufacturers required a vehicle roof to be able to withstand static force of 1.5 times the empty weight of the vehicle or five thousand pounds, whichever was less. This standard does not accurately reflect the forces that an automobile, SUV or truck experiences in an actual rollover explains a Chicago personal injury attorney.
Recently, the National Highway Traffic Safety Administration (NHTSA) proposed an upgrade to the federal roof crush standard. The proposal would extend the standard of vehicles weighing ten thousand pounds or less to increase the applied force to 2.5 times the vehicle’s unloaded weight. The proposal aims to eliminate the current limit on the amount of roof crush (five inches) and instead would require enough head room to accommodate a passenger with a height range in the 50th percentile of men.
Manufacturers have been aware for years that vehicle roofs offer inadequate protection during a rollover accident. If you or a loved one has been injured in this type of accident, Illinois personal injury lawyers with experience in consumer and personal injury law can help you seek justice and obtain the compensation you deserve.
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Under criminal law, “assault and battery” are generally components of one offense. Under tort law, “assault” and “battery” are separate explains a Chicago personal injury attorney. Assault is an act that creates fear of battery. Battery refers to unlawful touching. Assault and battery therefore are intentional torts because the defendant actually intends to put the plaintiff in fear of being battered, or may have intentions to wrongfully touch the plaintiff. Under a tort claim, contact does not need to inflict physical injury. Illinois personal injury lawyers explain that it may even be indirect such as spitting on a person or throwing an object.
Examples of an assault:
- An unlawful threat or intentional offer to cause bodily injury to another person by force
- A situation creating the other person to have a fear of imminent peril
- The apparent present ability to carry out the act if not prevented
Examples of battery:
- The intentional or willful touching of a person against that person’s will by another person
- An object or substance put in motion by a person
- Offensive touching, even if it does not cause injury, or could not reasonably be expected to cause injury
These examples only highlight a few characteristics of assault and battery cases. Contact a Chicago personal injury attorney for more information on assault and battery claims under tort law. Remember, an assault can be completed even if there is no actual contact with the plaintiff. A defendant who points a realistic toy gun can be liable for assault even if the defendant has no ability to inflict harm. An individual who spits on another has committed battery, even if there is a small chance that it could cause injury. Illinois personal injury lawyers can help fight for justice and compensation if you feel you have been a victim of assault or battery.
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