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.

The two-year limit applies to most accident and injury claims in Illinois, including:

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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.

Settlement Funds Go Towards Itemized Damages

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 Posted on August 22, 2023 in Workers' Compensation

Individuals who have developed asbestos-related medical conditions due to occupational asbestos exposure that occurred within the state of Illinois may be eligible to file a claim for workers' compensation benefits. Here are the legally recommended steps:

Receive an Official Asbestos Disease Diagnosis

To ensure accurate diagnosis and establish a potential connection to workplace exposure, it is highly recommended to schedule an appointment with a certified pulmonologist or an occupational respiratory illness specialist. They will conduct a series of comprehensive tests and examinations specifically tailored to asbestos-related conditions. Remember to retain copies of all test results and medical reports for future reference and documentation purposes. 

Document Workplace Exposure Details

Create comprehensive and detailed documentation that encompasses all circumstances related to asbestos exposure within your workplace. This should include a thorough description of job duties performed in the presence of asbestos, the specific timeframe of exposure, identification of asbestos sources, any instances of lacking safety equipment, and any other relevant details. 

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 Posted on August 16, 2023 in Personal Injury

Nearly every parent wants their child to be safe on their way to and from school. Whether your children get to school by car, bus, bicycle, or on foot, there are some risks inherent to traveling through school zones. A parent only needs to sit in a car line before school once to understand how chaotic pick-up and drop-off hours can be. Traffic can become extremely congested during the periods just before and after school as hundreds or even thousands of children are arriving and leaving all at once. One may think that because traffic in school zones is typically slow-moving that it might be safer. Unfortunately, even the slow pace of traffic is not enough to create the level of safety most parents hope for. Many drivers are distracted, tired, and in a hurry. These common causes of car accidents create some degree of risk for children, parents, school staff, and passersby. If you or your child is injured in an accident in a school zone, it is important to speak with an attorney as soon as possible. The faster you call an attorney, the more evidence they may be able to identify and preserve. 

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 Posted on August 08, 2023 in Personal Injury

The decision to place an elderly family member in a nursing home is usually made out of concern for their safety. Their needs and health issues may have progressed past a point where family members can safely provide care at home. Often, it takes one or more incident in which the senior could have been harmed before their loved ones make the difficult choice to place them in a skilled nursing facility. Unfortunately, elders in understaffed nursing homes may not be as safe as everyone would like. When a nursing home does not have the manpower needed to adequately supervise and care for all of its residents, there is a risk that one could be injured. If you have a loved one who lives in a nursing home, it is important to check up on them periodically to ensure that they are being well-cared-for. If you notice any signs that your loved one has been neglected, it is important to speak with an attorney right away. A lawyer can help you determine whether your loved one may be entitled to compensation for what happened to them. 

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 Posted on July 31, 2023 in Personal Injury

Bicycling is a popular mode of transportation and a recreational activity enjoyed by millions of people worldwide. However, it is important to recognize that bicycle accidents can occur, and they can result in multiple types of injuries, some of which can be severe and life-altering. Many of the most dangerous bicycle accidents will occur when bicyclists are struck by motor vehicles. Negligent drivers may fail to share the road safely with bicycles, or they may commit traffic violations that put bicyclists at risk of being injured in a collision. Cyclists who are involved in collisions may suffer serious bodily harm, and they will need to understand their options for pursuing compensation from a driver who failed to protect their safety.

Injuries That Can Affect Bicyclists in Collisions

Some of the injuries that are most likely to occur in bike accidents include:

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