Illinois Injury Law Blog

An individual who suffers a personal injury in Illinois, and decides to file a lawsuit to recover money damages for his or her pain and suffering, medical expenses, lost wages, and other costs faces a two-year statute of limitations. What that means is that, in most circumstances, the injured party must begin the lawsuit no later than two years from the date when he or she first found out about the injury and became aware of who caused it. Any suit filed more than two years after that date would most likely be dismissed if the defendant raised the statute of limitations as a defense.

Statutes of limitations are laws that limit the time within which a person may bring a lawsuit. The
length of time allowed varies depending on the type of lawsuit, and varies from state to state.

When people are injured, their first priority is generally to seek treatment and to manage the upheaval caused by the injury in their everyday lives. They are also often advised not to reach any premature settlements related to their injuries, since the full extent of the injuries may not be clear right away, and the medical bills may still be adding up. However, waiting too long
to file a lawsuit or negotiate a settlement may mean that the injured party will run afoul of the statute of limitations and get no relief for their pain and losses.

Continue reading "Illinois Statute of Limitation’s Impact on Chicago Personal Injury Cases" »

A verdict awarded from a personal injury case in Chicago against the City of Chicago was upheld by an appeals court on August 27, 2007. The injuries sustained by the plaintiff in this auto accident were devastating and commensurate with the verdict of nearly $18 million dollars. Vernon Hudson, was left paralyzed when the vehicle he was traveling was struck by a Chicago Police car involved in a chase.

Municipalities, such as the City of Chicago, often have Tort Immunity clauses that allow them to be free from civil cases where mere negligence results in injury. The conduct that results in the injury must have been willful and wanton, not just negligent, in order to present a successful claim against the municipality. Many individuals living in the Chicago area are unaware that this is the case when presenting claims for premises liability or auto accidents, or even medical malpractice claims against the county hospitals. The Tort Immunity Act, Section 2-202 states, "A public employee is not liable for his act or omission in the execution or enforcement of any law unless such act or omission constitutes willful and wanton conduct." For more information, please see the article by Stephanie Potter of the Chicago Daily Law Bulletin.

I get calls every week where individuals were struck by a law enforcement officer, whether during an actual chase or in the regular course of driving, and often times those who have been injured in these types of car accidents are unsure as to their chances of success. It is important to take each incident of injury against a municipality in its totality. If the accident occurred beyond the scope of law enforcement then it is possible that a jury can find the offending party of willful and wanton conduct.

Whenever an injury occurs where a government agency or law enforcement officer is a party to the claim you should consult a personal injury lawyer immediately as often the statute of limitations against a municipality is significantly less than the standard two years and depending on the agency or entity could require immediate action on the part of the injured party.

Unfortunately the personal injury field doesn't offer a claim specific universal handbook or set of guidelines for handling a personal injury in Chicago, however there are several things everyone should do when involved in an accident involving injuries.

First, call emergency service personnel. Even if you have been involved in a minor car accident, you want to be sure you contact the authorities immediately so the matter is documented. If you don't feel well or believe you have sustained injuries, getting emergency services team on the crash site to help you immediately is imperative.

Second, don't move. Many times with back injuries it is important to remain in your exact position until an ambulance arrives. Unless you are directed to by authorities, keeping your vehicle in the exact place the collision occurred will assist the investigating police officer in creating your motorist report.

Third, don't speak. The only people you should talk to following an auto accident in Chicago are the police assigned to the accident and the emergency services personnel who may be treating your injuries. Other parties to the accident and random individuals who appear on the scene should not be discussing the facts of the accident with you. Anyone who claims to have witnessed the incident should be noted to the police on the scene so their statements can be documented. Please be leery of anyone who appears on the scene and tells you to call a specific lawyer, someone soliciting business on scene while you are being treated for injuries is probably not the person you want protecting your rights.

Fourth, see a doctor. If you don't feel 100% following a collision you should seek medical attention immediately, even if that requires an ambulance trip to the emergency room. Making sure you seek medical attention immediately is imperative to your recovery. Without having a proper diagnosis of your injuries it is impossible to know if something that may only be bothering you minimally may turn into something serious. With immediate medical attention you are ensuring your own well being.

Fifth, contact your attorney. Making sure you have representation from the beginning of your case is vital to the success of the claim. One would be surprised how many people may contact you to discuss your claim if you have been seriously injured and you want to be sure that if someone is asking you about your injuries that your lawyer is present. Whether it is the insurance company for the party who caused the accident, or your own insurance carrier, a witness to the accident, or some other individual with interests in the claim, it is of the utmost importance to have your rights protected by your lawyer so that none of the information given during this critical stage is used against you at a later time.

Once your injuries have been attended to, the reports have been filed, and your lawyer has been contacted the success of your claim has been protected and the wheels are turning. At this juncture the injured party should rely on the fact that the matter is being handled by their attorney so that full efforts can be dedicated to recovery without the concern of the claim weighing heavily on the mind.

I have recently noticed a trend with new case calls that seems to be happening more and more often. Calls will come in from individuals seeking assistance from a lawyer with a personal injury claim, be it from an auto accident injury, slip and fall case, or work injury, where the potential client has attempted to resolve the matter on their own and is nearing the Statute of Limitations deadline with no resolution of their claim. I have had clients call as close to the Statute deadline as the day before it is about to run.

In these cases, often, the clients relay that they have attempted to get a lawyer in the recent past but have been told that because the statute deadline is so close the lawyer is unable to help them with their case. While injury cases are considerably more difficult when our back is against the wall for a statute deadline, it does not preclude us from assisting you with your personal injury case. Because the client has attempted to resolve the matter on their own, many attorney's shy away from these claims as sworn statements have been given without the protection of a lawyer present, diagrams and photos have been exchanged between the client and the insurance company, and some medical records have already been furnished in an effort to get an offer.

Anyone injured due to someone else's negligence should consult a personal injury lawyer as soon as possible. The sooner you have procured protection for your own rights in the claim the better your standing will be when it comes to settlement, as throughout the course of the claim your interests have been monitored to portray your claim in the best light.

Trying to resolve a claim or procure a settlement on your own does not preclude you from being able to hire an attorney later in the process, however waiting until the last minute before hiring a lawyer may prove costly to your case. To ensure that no damage is done to your case before a lawsuit must be filed, you should at least consult with an attorney immediately following the injury so as not to harm the potential for recovery at a later date.

I would like to think that I can procure a recovery for one of my clients no matter what the personal injury, however there are certain instances where the evidence is just too stacked against you. Take, for example, the claim of a Florida woman claiming injuries sustained in a slip and fall accident at a grocery store. After making a slip and fall claim against the store for injuries, the store owner watch the surveillance tape, only to find that the substance the woman fell in had been placed on the floor purposely by the alleged victim herself!

Unfortunately in this business there are those that will try to take advantage of the system. In nearly all cases, the fraudulent claim will never see the light of day. When individuals try to scam the system with these claims, it takes much away from those who do suffer serious injuries as a result of someone else's negligence. Each year I get hundreds of calls from people who have slipped or fallen in a grocery store and have legitimate claims, serious injury can result from these types of incidents and it is my job to make sure that my clients receive the compensation they are entitled to. When fraudulent claims are brought though, it puts a black mark on the entire industry. Fortunately, this woman's attempt to garner recovery should be unsuccessful.

If you have been injured in a slip and fall accident or another premises liability matter, you should consult an attorney as soon as possible. Often the property owners do have video evidence of the instance that resulted in your injury and you will want your attorney to ensure that your rights are protected and the proper care is taken to secure the evidence of your injury.

By law, every Illinois motorist is required to carry a specific amount of automobile insurance coverage. Despite that fact there are many accidents each day where the liable party for the collision does not carry coverage and the only protection an injured party has is their own uninsured motorist coverage and the personal injury attorney responsible for protecting their rights against the coverage provider.

The question that arises in these situations is "Will my insurance protect me?" Much of the necessity for a lawyer to represent you in your uninsured motorist claims is that, despite paying premiums each month for the protection, these claims pit an insured party against their own insurance company. Often times, individuals believe that their coverage will protect them when this occurs and they don't require the assistance of legal counsel, but what incentive does the insurance company have to give you a fair and generous settlement on your claim?

It is the responsibility of your personal injury lawyer to protect your rights to the fullest, even when the claim is made against your own insurance company. When you have paid years of premiums for protection with no incident and the need for compensation arises due to another's negligence, it still behooves the insurance company to settle for as little as possible so as not to eat too much into their profit margins. What does the benefit of paying your premiums regularly offer you, the policy holder, when you have been seriously injured and it is in the best interests of your provider to offer minimal compensation?

The desire for the insurance companies to remain profitable puts the policy claimants at the disadvantage. The assistance of experienced legal counsel can even the playing field. As insurance companies continue to drop clients and cancel policies in the name of profit, the rights of the individual policy holders are ignored. When the question arises as to whether or not your insurance company is going to protect you, be sure to protect yourself with a personal injury lawyer as determined to fight for the compensation you deserve as the insurance companies are in increasing their profits.