Posted on November 02,2023 in Personal Injury

When bringing a product liability case in Illinois, having strong proof is essential for showing that a defective product caused injury or damage. Gathering the right evidence can make or break your case, so understanding the types of proof needed is critical. An Illinois attorney can help you with your evidence to build a solid case.

Evidence of a Defect

First, you must demonstrate that the product contained a defect—whether a manufacturing defect, design defect, or failure to include adequate warnings or instructions. There are several ways to prove a flaw existed.

Expert testimony can explain precisely how or why the product was defective. These experts may be engineers, manufacturers, or specialists who understand the product intricately and can identify the defect based on their deep knowledge. Their testimony can help your case tremendously.

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 Posted on October 30,2023 in Personal Injury

Suffering an injury in an accident that was not your fault can be devastating. While you may have a valid claim for compensation, there are common mistakes that can ruin your chances of getting all the damages you deserve in Illinois. Avoid these mistakes and get help from an Illinois lawyer to build a strong case.

Not Getting Medical Treatment Soon Enough

It is critical to seek medical attention immediately after an accident, even if you do not feel hurt at first. Delaying treatment makes it easy for insurance companies to argue your injuries are not related to the crash or are not serious. Get checked out and follow your doctor’s recommendations. The records will support your claim.

Failing to Document the Accident Thoroughly

Insurance adjusters look for inconsistencies or missing details to deny or minimize claims. Be sure to get photos of your injuries, damage, and the accident scene. Get witness names and statements. Write down your recollection of events immediately while fresh. Thorough documentation makes it much harder to dispute your version of what happened.

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 Posted on October 20,2023 in Personal Injury

If you were injured by an agency or municipality, you may feel discouraged from pursuing injury compensation. You may feel like there are barriers in the way. However, you deserve justice, and an Illinois lawyer can help you assemble a strong case.

The Illinois Tort Act

This Illinois statute heavily favors government defendants. It has rigid constraints like:

• Strict notice deadlines before lawsuits can proceed
• Limited exceptions where immunity is waived
• Damage caps restricting potential compensation

These provisions may make it feel like you cannot get anywhere with your case. However, a personal injury attorney with experience with the Tort Immunity Act can help navigate its complexity on your behalf. While it can be an intimidating process, you should not back down.

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 Posted on October 12,2023 in Workers' Compensation

When you experience a workplace injury in Illinois, filing for workers’ compensation benefits is important. While the system is designed to provide support, getting your workers’ comp claim approved can often be challenging.

There are steps you can take to help build a strong case for the benefits you deserve. An Illinois lawyer can help you with the steps along the way.

1. Document Everything Related to Your Injury

Thorough documentation is essential when filing a workers’ comp claim. Be sure to gather as much evidence as possible related to your work injury, including:

• Date, time, location, and exact circumstances of the accident
• Names of witnesses or people you reported the incident to
• List of all injuries and medical treatment received
• Photos of unsafe conditions that caused the accident

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 Posted on October 03,2023 in Workers' Compensation

In Illinois, an injured employee can receive workers’ compensation benefits even if they were partially at fault for the workplace accident. Contributory negligence laws protect workers in many cases. However, benefits may be reduced based on an employee’s percentage of fault. Understanding these rules and how an Illinois lawyer can help is critical after an on-the-job injury.

What is Contributory Negligence?

Contributory negligence refers to when an injured employee fails to use reasonable care while performing job duties leading up to an accident. For example, they may violate a known safety policy or misuse equipment.

This contributes to the accident, but the employer also fails to maintain a safe working environment. So, both parties share some fault.

Illinois Workers’ Comp Laws

Illinois operates under comparative fault rules for workplace injuries. This means a worker’s compensation claim cannot be entirely barred because the employee was partially negligent. The reduction of benefits is possible based on the percentage of fault.

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 Posted on September 29,2023 in Medical Malpractice

Seeking justice after suffering harm due to a doctor’s negligence can feel like an uphill battle. Medical malpractice cases are complex, and physicians often have extensive resources to defend against allegations. 

However, holding negligent doctors accountable is essential to protect patients and induce better care. Understanding your legal rights and working with an experienced Chicago attorney is important.

Proving Medical Malpractice

In Illinois, patients claiming medical malpractice must show that a healthcare provider deviated from the proper standard of care and that this deviation directly caused injury or death. Simply demonstrating that a doctor made a mistake is not enough. 

The care provided must fall below what a reasonable physician would have done under the same circumstances. Securing evidence like medical records and expert testimony is crucial to proving negligence and causation in a malpractice case. An attorney can help patients navigate these legal hurdles.

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 Posted on September 19,2023 in Personal Injury

If you are injured in an accident caused by someone else, you can recover damages for your pain and suffering. However, what exactly constitutes compensable pain and suffering? An Illinois lawyer can help you determine if you have a case for your specific situation. The following is what may qualify you for damages in this state.

Physical Pain

Any physical pain stemming from crash-related injuries qualifies for damages. This includes pain from initial trauma, hospital stays, surgeries, procedures, and medical treatments. Compensation depends on the pain's severity, duration, and impact on daily functioning. Keeping detailed records helps establish this. Documenting pain levels frequently using a scale of 1-10 can demonstrate severity over time.

Mental Suffering

Accident victims can receive damages for related mental suffering. This includes negative emotions from injuries, like depression, anxiety, fear, sadness, and anger. Working with a therapist can validate these mental health impacts for court. Keep notes on days when mental distress makes even simple tasks difficult.

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 Posted on September 14,2023 in Personal Injury

If you have suffered an injury in an accident in Illinois, you may be wondering how long you have to file a lawsuit to seek compensation for your injuries and damages. This is an important consideration, as failing to take legal action with an Illinois personal injury lawyer within the specified time limits can result in forfeiting your right to recover anything. Understanding Illinois’ statute of limitations for personal injury claims is crucial.

What is the statute of limitations in Illinois?

Illinois law sets time limits, known as the statute of limitations, for filing different types of civil lawsuits. For personal injury claims, the statute of limitations in Illinois is two years from the exact day of the accident or injury. This means that you have two years from when your injury occurred to file a lawsuit against the responsible parties.

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 Posted on September 11,2023 in Blog

If you file a personal injury lawsuit in Illinois, you will likely have to participate in a deposition with your lawyer - a recorded interview under oath. Being prepared for what to expect during a deposition is crucial for successfully pursuing your injury claim.

Purpose of the Deposition

The deposition allows the other party’s attorney to ask you questions about your lawsuit claims, medical history, and other aspects related to the accident and injuries. Your testimony is given under oath and recorded by a court reporter to be potentially used later if the case proceeds to trial.

Location and Scheduling

Depositions usually take place at the defending attorney’s office. Your lawyer will coordinate scheduling, but the other party generally sets the date and time. Multiple depositions often occur over the course of an injury lawsuit.

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 Posted on August 29,2023 in Personal Injury

Settling a personal injury claim involves more than agreeing to a total dollar amount. Understanding how the settlement funds are paid out, liens are addressed, and legal fees are deducted is essential. This article provides an overview of what happens after a settlement is reached so injury victims know what to expect.

The Basic Settlement Payment Process

Typically, the responsible party's insurance provider will issue a payment after reaching a resolution in an Illinois personal injury case, whether through settlement or a court judgment. This payment, made in the form of a check, will be for the entire settlement amount and payable to the plaintiff and their attorney.

The plaintiff’s attorney will deposit the check into a secure trust account. After deducting their agreed-upon attorney's fees and case-related expenses, the lawyer will promptly distribute the remaining sum to the plaintiff.

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