Posted on November 20, 2020 in Car Accidents

Determining liability in a car accident injury case is rarely straightforward. There are often a number of different factors that contribute to a serious auto accident. If you have recently been hurt in a collision and your actions may have contributed to or worsened the accident, you probably have questions about how shared fault will affect your ability to recover compensation. You may wonder whether or not a successful personal injury lawsuit is even possible. Fortunately, Illinois law allows an injured person to recover damages through a personal injury claim even if he or she is partly to blame for these injuries.

Illinois Modified Comparative Negligence Law
The laws regulating personal injury claims vary from state to state. Illinois follows a doctrine called “modified comparative negligence” when it comes to shared liability for personal injuries. According to this law, an injured person who is hurt by the negligent or wrongful actions of another party may bring a claim for damages as long as he or she is not more than 50 percent responsible for his or her injuries. In situations in which the injured person is 51 percent or more at fault, he or she is barred from recovering damages. For example, consider a scenario in which a driver was injured in an accident caused by falling truck cargo. The driver was speeding at the time of the accident which may have made the accident worse than it would have been otherwise. However, as long as the court determines that the driver’s share of fault was 50 percent or less, he or she may still recover compensation.

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 Posted on November 17, 2020 in Personal Injury

Injury to the delicate nerves of the spinal cord can result in life-changing consequences. If you or a loved one were hurt in an accident and you suffered monoplegia, hemiplegia, paraplegia, or quadriplegia, you may consider bringing legal action against the at-fault party. A personal injury claim may allow you to receive compensation for the costs, or damages, associated with your paralysis injury. You may also be entitled to financial compensation for the non-economic and intangible losses resulting from your injury.

Paralysis Injuries Suffered in an Accident or Act of Violence

When the spine is damaged, nerve signals may no longer be able to travel throughout the body. Paralysis can involve the partial or total loss of motor function in one or more regions of the body. Sometimes paralysis is temporary and other times it is permanent. Paralysis may be caused by car accidents, slip-and-fall accidents, workplace accidents, construction accidents, intentional physical attacks, and more. Paralysis can lead to:

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 Posted on November 11, 2020 in Personal Injury

According to the National Safety Council (NSC), falling is the third leading cause of accidental injury-related death overall and the top cause of injury-related death for those over 65. Falling can result in severe injuries including fractures, traumatic brain injury (TBI), back and spine injuries, and more. If you or a loved one recently suffered a fall, you may have questions about who is liable for the incident. You may be interested in exploring your legal options and pursuing compensation for the damages or costs incurred by the fall accident. Read on to learn about slip and fall injury claims in Illinois and what you can do to get started on a claim today.

Elements of a Personal Injury Claim Based on Negligence

Liability for a slip and fall or trip and fall often hinges on negligence. To establish that the defendant was negligent and win your injury claim, you and your attorney will need to demonstrate four main elements:

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 Posted on May 15, 2020 in Personal Injury

If you are somebody you care about has been injured or become ill due to a defective product, you may need to file a lawsuit in order to recover compensation for damages. In these cases, it is important to understand how “strict liability laws” apply, and whether or not a company or manufacturer’s negligence bears any weight on the outcome of a case.

What is strict liability, and how does it apply to defective product cases?

When it comes to personal injury law, “strict liability” revolves around the idea that a defendant can be held liable for any personal injuries or damages to a plaintiff regardless of whether or not they are at fault. Strict liability differs from typical injury claims in which negligence must be present on the part of a defendant in order for them to be held liable for damages to a plaintiff.

In most kinds of personal injury cases, (i.e. a car accident or slip and fall case), the defendant must have done something (or failed to do something) that amounted to negligence in order to be held liable for damages. Strict liability will not examine whether or not the actions of the defendant fell below any certain standard to constitute negligence.

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 Posted on May 14, 2020 in Personal Injury

If you sustained an injury that was caused by another person's negligent actions, you will likely need to file a claim with their insurance carrier to secure compensation for your losses. Depending on the situation, this could involve car insurance carriers, homeowners’ insurance, or a business insurance company. Regardless of what type of claim, you need to understand how an insurance carrier will value a personal injury claim in Illinois.

What factors go into valuing a personal injury claim?

It is important to point out that insurance carriers want to pay the lowest potential settlement for any claim made against the policy. They will do what they can to limit their liability, and this often means that they will use tactics that may not seem fair to an injury victim. This can include making low settlement offers that they know will not cover all the expenses or even trying to say that the victim was partially responsible for their own injuries.

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 Posted on May 10, 2020 in Workers' Compensation

The last thing anybody wants to have to worry about after sustaining an injury on the job is that they may be laid off. However, sometimes this does happen. It is important to understand whether or not someone who is on workers’ conversation can be laid off from their job. Understanding this dilemma requires looking at the balance between the rights of workers’ after they have been injured versus the rights of an employer.

Understanding workers’ compensation in Illinois

Nearly every employer In Illinois is required to carry workers’ compensation insurance for their employees. In this state, the workers’ compensation system is considered “no-fault.” This means that an employee who is injured while performing work within the scope of their duties is entitled to receive coverage for their medical bills and a portion of their wages, regardless of who caused their injury. In most cases, an employer or workers’ compensation insurer cannot deny this coverage to an injured worker.

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 Posted on April 16, 2020 in Wrongful Death

If you have lost a loved one due to the careless or negligent actions of another person or entity, you may need to file a wrongful death claim in order to recover compensation for what happened. These cases can become incredibly complicated, and understanding how long it takes for a wrongful death claim in Illinois to settle revolves around various factors related to each particular case.

Understanding wrongful death claim timelines

It can be impossible to properly estimate how long a wrongful death claim will take to settle In Illinois. There are simply too many factors related to each particular case that can affect the length of the settlement process. How long a wrongful death claim takes revolves around whether or not the case is settled out of court or goes to trial.

Through a settlement

Most wrongful death claims are settled out of court. This can happen in one of two ways. First, a settlement may occur before a wrongful death lawsuit is even filed, typically through negotiations with the insurance carrier of the at-fault party. However, if the at-fault party refuses to offer a fair settlement, it may be necessary to file a wrongful death lawsuit. Even after a lawsuit is filed, most of these claims will be settled before they reach the courtroom. An Illinois wrongful death attorney will be in continuous negotiations with other parties involved while preparing a lawsuit.

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 Posted on April 14, 2020 in Nursing Home Abuse

Nursing home abuse

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 Posted on April 10, 2020 in Wrongful Death

If you have lost someone you love due to the carelessness or negligence of another person or entity, you may have had to file a wrongful death lawsuit in Illinois in order to recover compensation for your losses. These cases are often incredibly complicated, but the damages awarded for a successful claim will help grieving families gain some closure. Many families wonder how wrongful death settlements are paid out after a successful settlement or jury verdict.

Where does the money come from?

When a wrongful death case arises, people typically think that the case involves the deceased’s family members filing a lawsuit directly against the person they believe to be responsible for their loved one’s death. While this may be the case, these claims are often made against the insurance carrier of the at-fault party. In these cases, the insurance carrier is the one to provide legal representation in the case.

Payments for a successful wrongful death settlement or jury verdict will be made by the insurance carrier of the at-fault party or by the at-fault party directly.

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 Posted on March 23, 2020 in Car Accidents

While a police chase maybe exciting on TV, nobody wants to get caught in the middle of an ongoing chase. These incidents often occur at high speeds, and an accident could lead to serious injuries for drivers and passengers, or even bystanders, who had nothing to do with the incident. For anyone involved in an car accident that occurs during a police chase, it is important to understand who could be held liable for injury and property damage expenses.

Police chases are unpredictable

There is nothing predictable about a police chase, other than the fact that they are all inherently dangerous. In many police car chases, both the drivers of the police cars and the vehicle being pursued may be traveling at high speeds. However, that is not the only danger. Suspects being pursued by the police often fail to stop at stop signs or red lights, regularly pull illegal traffic maneuvers, and sometimes even drive on sidewalks, through parking lots, or through lawns. All this behavior can lead to serious traffic accidents, causing injuries or even the wrongful death of those involved.

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