Illinois personal injury lawyers have been discussing product liability laws in the previous posts. Auto products liability falls under product liability laws and consumers have the right to pursue legal justice if they have been injured by an auto product.
Despite years of researching unnecessary risks of injury and death due to defects in the automobile manufacturing industry, little progress has been made. Chicago personal injury attorneys fight diligently for consumer protection.
Consumer advocacy organizations have been calling for stricter regulations and changes to existing laws for years.
The National Institute of Highway Safety has not pushed for engineering recommendations but instead has supported guidelines that offer immunity of liability from gross negligence by the automobile manufacturers. Illinois personal injury lawyers believe change will not occur for consumer protection until the cost of restitution following serious injuries and death outweighs the costs of negligence. The main auto products liability cases include:
- Rollovers
- SUV rollovers
- Child or other occupant restraint defects
- Side impact protection failure
- Airbag failure
In the next post, Chicago personal injury attorneys will discuss the main auto products liability claims in further detail. If you have been injured as the result of a defective automobile product, you need an experienced and competent lawyer on your side.
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Products Liability Law can be complex as discussed by Illinois personal injury lawyers in the previous post. In this post, we will explain additional information on products liability and how to proceed if you have been injured by a defective product. Product liability law can be expensive because often times the Plaintiff is taking on a wealthy manufacturer with plenty of money to defend the case.
The main rule to remember regarding products liability is that the manufacturer of a product owes the consumer the obligation to “manufacture” and “design” a product that is reasonably safe. If the products are found to be “unreasonably dangerous,” or “unsafe for reasonably foreseeable uses,” the manufacturer can be held liable for injuries resulting from the product according to a Chicago personal injury attorney.
To receive compensation, the Plaintiff must prove the defect in the product existed in the manufacturer’s control, not after. In some cases, the distributor of the product can be liable. Manufacturers cannot place blame on the consumer, especially if warnings of potential danger were not given.
If you have been injured and you feel it was due to a defective product, save the product and get it into the hands of an experienced Illinois personal injury lawyer immediately. Do not change or alter the product. Do not give statements to anyone. Under products liability law, you have the right to have your case heard by a jury. Potential damages that may be awarded include lost wages, disfigurement, pain, suffering and future pain and suffering.
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Products Liability Law is extremely complex. You will need an experienced Chicago personal injury attorney if you have been injured due to a defective product. You will have to prove the product was defective and experienced attorneys can help you determine whether you have a case.
The first question that must be asked is “What is a product?” The definition varies from state to state. At this time, a federal products liability law does not exist. Illinois personal injury lawyers must determine if you were injured by a product according to Illinois state law. This question is generally addressed on a case by case basis.
Under Illinois law, services, human body parts, x-rays, living creatures and buildings are not a product. Building components such as lights, windows, steam pipes, guardrails and roofs are not products yet heating, a/c systems, ventilation systems and conveyor belts have been determined as being products in previous cases.
Contact a Chicago personal injury attorney if you live in Illinois and have been injured due to a manufacturing defect or a product design. Competent attorneys can help determine if you have been injured by a ‘product’ under Illinois law and if so, fight for proper compensation for damages.
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Illinois personal injury lawyers have represented numerous clients throughout the years and often represent clients with similar cases. In this post, Chicago personal injury attorneys will answer frequently asked questions about legal claims.
My neighbor’s dog bit me, what should I do?
The first step is to seek immediate medical attention. Next, report the dog bite to local law enforcement and animal control. Contact a Chicago personal injury attorney immediately. He or she can find out whether the dog has had it’s necessary shots, interview witnesses and obtain reports from the authorities. An experienced attorney can help you take the necessary steps and seek proper compensation for your injuries.
What is a Statute of Limitations?
Statute of limitations is a term referring to the deadline for filing a legal claim. If you fail to officially bring your claim within the statute of limitations, you cannot receive any justice in the future. Statutes of limitations differ from state to state. Illinois personal injury lawyers can further explain the specific guidelines for various claims in Illinois.
I slipped and fell on liquid in the grocery store, do I have a case?
Property owners are required by law to keep their premises safe and not allow dangerous conditions to occur. Generally, in a slip and fall case, you would have to show the store the liquid was there and they should clean it in a reasonable amount of time. Slip and fall cases are not black and white. Chicago personal injury attorneys can help determine if your specific case has legal grounds to pursue compensation. Each slip and fall case is very different. If you have been injured in a slip and fall accident, notify management at the location. They should write a report immediately.
I was driving on the job and was hit by another vehicle. Who can I make a claim against?
If you are injured in an accident while you were on the job, you have two possibilities for compensation for any injuries sustained. The first possibility is a Worker’s Compensation Claim. The second possibility is from the other driver. An employee injured on the job has the right to seek compensation from a third party who may have been negligent.
Experienced Illinois personal injury lawyers can advise you on how to proceed if you have been injured in any situation and feel another party is to blame. Competent lawyers can help you pursue compensation if you have been a victim in any circumstance.
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According to the US Legal’s definition, personal injury law “Involves injury which is caused accidentally by another’s failure to use reasonable care.” The definitions of reasonable care is determined on a case-by-base basis. A person may be liable to the injury caused through negligent or reckless action, explains a Chicago personal injury attorney. This means the injury to the plaintiff must be caused by and be a foreseeable result of the defendant’s action.
A few defenses to liability for personal injury claims include intervening causes, a pre-existing condition, and assumption of the risk. In a personal injury lawsuit, a plaintiff may recover damages for property, emotional distress, pain and suffering, loss of consortium or companionship, attorney fees, lost wages or medical expenses. Illinois personal injury lawyers list the following main types of personal injury lawsuits:
- Automobile accidents
- Bike and pedestrian collisions
- Airplane or boat accidents
- Construction accidents
- OSHA violations
- Premises liability
- Product liability
- Nursing home liability
- Toxic and mass torts
- Trucking accidents
If you have been injured as a result of another party’s negligence in Illinois, personal injury lawyers can further explain personal injury law and how to proceed legally.
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Burn victims can suffer life-threatening injuries, permanent scarring and severe pain. Poor maintenance of fire prevention systems and negligence are the major contributors to fire related injuries according to Illinois personal injury lawyers. As a result of negligence, many people throughout the state of Illinois obtain fire and burn related injuries.
Different kinds of burns can occur leading to injury and scarring. A Chicago personal injury attorney lists the following causes as the main sources of burns:
- Fireplaces
- Gas and electrical accidents
- Automobile accidents
- Hot water burns
- Electrical accidents
- Industrial accidents
- Building fires
- Lighters
- Matches
Additional common categories exist among burn incidents. The main categories include:
- Liquid burns
- Electrical burns
- Fire burns
Liquid burns can show up unexpectedly. Hot coffee or other beverages can cause serious injury. The kitchen or shower are other sources of burn injuries in the home or at work. For example, a coworker might carelessly leave water on at extremely high temperatures. Pipes can burst in the office or water heater resulting in hot liquid pouring out. Faulty steam vents can also cause burn accidents. In addition, individuals who work with hot liquid such as glue, wax or solvents have an increased risk.
Electrical burns can seem preventable, but can happen very quickly. Illinois personal injury lawyers advise to be careful around electrical hazards. Old household appliances are notorious for causing injury. Unfinished circuit boxes and power sockets can result in a bad shock. Live power wires, especially when power lines go down are another safety hazard.
Fire burns can also happen as a result of negligence or on-the-job. If you are put in a situation where you must work with fire and were given improper advice, you may be able to seek compensation.
Burn injuries can be extremely painful and debilitating. If you or a loved one has been involved in a burn accident or fire-related accident, contact a Chicago personal injury attorney immediately.
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In the previous post, Chicago personal injury attorneys offered advice on how to prepare for the initial consultation if you have decided to pursue legal action for an injury. Gathering all necessary documentation is crucial as well as preparing questions to ask him or her during the meeting.
In this post, Illinois personal injury lawyers offer examples of potential questions to consider asking such as:
- What is the statute of limitations?
- How will the lawyer charge for his/her services?
- What are all of your options?
- How many personal injury trials has he/she handled?
- How many personal injury trials has he/she won?
- How long has he/she been in practice?
- What experts would be used to help prove your case?
- What problems are foreseen in your case?
- Will he/she handle your case or will it be passed on to another lawyer?
- Does he/she normally represent defendants or plaintiffs?
- What percentage of his/her practice is in your particular personal injury?
This list only provides examples of potential questions to ask your Chicago personal injury attorney. Brainstorm prior to the initial meeting to make sure all of the questions you have are answered prior to pursuing the legal process. Becoming familiar with your attorney and the personal injury process is an important step for proper preparation.
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Deciding to file a lawsuit can be a difficult decision. Once you have decided to pursue a legal course of action and are seeking legal representation, preparations should be taken before meeting with your Chicago personal injury attorney. Proper preparation can save time which means money for you.
Often times, Illinois personal injury lawyers will send a questionnaire to clients before the initial consultation. Fill this questionnaire out thoroughly and gather any requested documents. Your attorney will want to know a little bit about your background and how to get in contact with you.
For tort cases, Chicago personal injury attorneys will need written documentation of damages and your injury. Even if your attorney doesn’t specifically ask for certain documents, bring copies of everything that may possibly be pertinent. Possible documents include insurance statements of explanation of benefits, medical bills, medical records, police reports, accident reports, information regarding missed work, and a list of the way your life has been affected by the injury. Additional documents clued a calendar or time-line containing all important dates, written descriptions of insurance company interactions and copies of claims already filed such as Workers’ Compensation or insurance claims.
Another important step is to disclose any potential witnesses and companies involved immediately to your Illinois personal injury lawyer. A potential conflict of interest could occur if your attorney has a relationship with any party involved. Thorough preparation is crucial prior to meeting with your attorney. The more documentation you have, the stronger your potential case may be.
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Two types of damages are awarded to a plaintiff in a personal injury lawsuit in Illinois. Personal injury lawyers will detail the types in this post and clarify the differences between the two.
The first type of damages that cover financial, psychological and physical effects are called compensatory. The second type of damages are extremely serious and are called punitive damages. Punitive damages are awarded when the defendant’s conduct has been deemed oppressive or malicious. Punitive damages are awarded in addition to compensatory damages.
Punitive damages might be awarded for example if a car manufacturer purposely knew the dangers of a particular defective part. If a chemical company knowingly polluted drinking water with waste, punitive damages could be awarded. “Punitive damages are meant to be a deterrent to the defendant and other people who might take part in dangerous actions,” stated a Chicago personal injury attorney.
Compensatory damages and punitive damages are carefully decided on by a jury after they have weighed the evidence and facts of the case. After a jury decides the compensation amounts, a judge can increase the amount if he or she feels it is inadequate or reduce the amount if he or she feels it is excessive.
Illinois personal injury lawyers can explain compensatory and punitive damages in further detail. They have extensive experience and success in winning both types of damages when appropriate. If you live in or around Chicago, personal injury attorneys will review your case and advise you of its merits if you have been injured due to the negligence of another.
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Many lawsuits arise when an individual is injured on another party’s premises. Common scenarios include a customer slipping on a spill in a grocery store or a construction worker getting hurt at a work site. Illinois personal injury lawyers explain that contrary to widely held beliefs, the injured person is not automatically entitled to compensation.
In Illinois, the law states that an injured person must prove facts about the injuries and premises before compensation is awarded. The injury must be caused by an unsafe condition on the premises. A Chicago personal injury attorney offers the following advice on proving the existence of an unsafe condition or defect:
- Take pictures of the defect as soon as possible
- Take pictures from all angles, including the ground level
- Use rulers to measure and show the size of the defect
- Take multiple photos, using at least two rolls of film
- Get names of anyone who may have seen the accident or assisted you in any way
- Obtain a copy of the accident report
In addition to an unsafe condition, a plaintiff must prove “notice” in a premises liability case. The owner must have notice that the condition existed before he or she will be found liable. An Illinois personal injury lawyer stated, “The Plaintiff must show that the owner or possessor of the property or the general contractor knew or should have known of the unsafe condition.”
Premise liability cases can be very difficult. The defendant will often accuse the plaintiff of not keeping a good lookout or attempting to prevent the accident. A skilled and experienced Chicago personal injury attorney is crucial to being successful in an unsafe premises or private property claim.
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