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Common Questions
FREQUENTLY ASKED QUESTIONS REGARDING PERSONAL INJURY
Is there anything I can do to help my case before I talk to an Illinois personal injury attorney? Record
everything. Keep track of hospital bills and any losses suffered as a
result of the accident. Write down details about the accident and any
information acquired from people who were involved in the accident or
witnesses to the accident. If there are witnesses who might be able to
help you prove your claim, then it is important to have their
information to contact them.
When should I call a lawyer after I have been injured? That
depends on what happened to you, but before you speak to an attorney,
if you are injured or not feeling well you should seek medical
attention. No matter how big or how small a case may be, there is
nothing more important than your health. A delay in treatment could
cause your situation to get worse. After you have sought medical
attention is then the time to find a personal injury lawyer in Illinois.
Can I recover any money if I partly caused my injury? Usually
you can recover some type of compensation, depending the degree of
fault between the parties. An experienced Illinois personal injury
attorney can help you determine whether or not you have a viable case.
How much can I recover for a personal injury claim in Illinois?This
depends on the circumstances of the injury. A good personal injury
attorney can assess your unique situation to provide more insight into
that question. Often that question can not be answered right away.
Despite what you may hear from others, it is not easy to get a large
recovery and these cases are often complex and can take a long time.
How does my Illinois attorney and the insurance company or jury determine what I will recover? Many
things are taken into consideration: medical expenses, lost wages
because of the accident or inability to work, emotional damages,
disabilities or disfigurements, and damaged property. For a more
detailed explanation please contact us so we can assess your specific
situation.
What is the time limit in Illinois on filing a lawsuit for a personal injury claim? There
is a limited time from the date of the accident that you can sue to
recover damages, depending on the type of claim that you want to pursue
and the defendant. This is called a statute of limitations. In most
instances the time limit against municipalities or other Illinois
government entities is shorter than it would be against a private
individual or company. In addition some time limits can be extended
based on a discovery date and others are very strict. Bottom line is
that if you want to even consider a personal injury case of any kind it
is a good idea to speak with an Illinois lawyer as any delay could bar
your case forever. Ignorance of a time limit to file is not a valid
excuse in Illinois no matter how strong your case may be.
What are general damages and economic damages in Illinois personal injury law suits? In
an Illinois personal injury case, economic damages refer to monetary
losses, which can include lost wages and medical bills, for example.
General damages are non-monetary damages such as pain and suffering,
emotional distress, and inability to perform your marital duties.
FREQUENTLY ASKED QUESTIONS REGARDING MEDICAL MALPRACTICE
How long do I have to file a malpractice lawsuit in Illinois? This
depends on the statute of limitations. A statute of limitations tells
us the length of time someone has to file a lawsuit or be barred from
filing a claim. Each state has a different statute of limitations and
many times it depends of the circumstances of the case when dealing
with personal injury claims. In Illinois, the period may be as short as
one year or as long as eight years. It is very important to be aware of
the statute of limitations in your state because this will determine
your time limit as to when you have to file in court. If this
information is not obtained, the time period could expire making it
impossible to file a lawsuit. An Illinois attorney would be able to
look at the details of your individual case and tell you how much time
you have to file.
Have I waived my rights to file an Illinois medical malpractice case because I signed a consent form?
A consent form does not give an Illinois health care provider the right
to commit medical malpractice. The health care provider still has the
duty to meet the standard of care associated with the treatment.
How long does an Illinois medical malpractice lawsuit take? Like
any lawsuit, it generally depends on the case. Medical malpractice
cases in Illinois are complex and time intensive. They require medical
experts as witnesses and can often take years. As a result it is best
to have your case reviewed by an attorney as soon as possible. This is
true for almost all types of medical malpractice cases whether they be
in a large city like Chicago or a smaller town in rural Illinois.
Do all Illinois medical malpractice cases go through lengthy trials? Not
all Illinois malpractice cases go to court. Once again, it depends on
the situation, and many times it is possible to reach a settlement
outside of court.
What should I do first if I think I have an Illinois medical malpractice case? It
is best to speak to an Illinois attorney. Potential medical malpractice
cases are complex and require expert analysis. An Illinois lawyer is
able to look into the situation and confer with medical professionals
to determine if you have a malpractice case that is worth pursuing.
FREQUENTLY ASKED QUESTIONS REGARDING WORKER'S COMPENSATION
What is the Illinois law on the statute of limitations for an employee filing an Illinois workers' compensation claim?
Under Illinois law, an employee generally has the later of three years
from the date of his accident or knowledge of the injury or two years
from the last payment of compensation to file a claim with the Illinois
Workers' Compensation Commission. Note, there are some exceptions to
this rule.
When does an employee, under Illinois law, become covered by Illinois workers' compensation? Under Illinois law, an employee is covered by workers' compensation as soon as he begins his employment.
Can an employee lose his job for filing an Illinois workers' compensation claim? No, under Illinois law, an employer cannot fire or discriminate against an employee for filing such a claim.
What injuries are covered by Illinois workers' compensation laws? Under
Illinois law, any injury which occurs out of and in the course of
employment is covered by Illinois Workers' Compensation laws. This
includes injuries that are caused, aggravated or accelerated by the
employment, even if there is a pre-existing condition.
Can a worker file for Illinois workers' compensation benefits if they do not live in Illinois? Yes
as long as they can show that Illinois has jurisdiction over their
case. They can show this by proving that the accident happened in
Illinois, the principal place of employment is in Illinois or the
contract for hire was in Illinois. If the accident was in Illinois then
the Illinois Workers' Compensation Commission will have jurisdiction.
For the other factors an analysis by an Illinois workers compensation
lawyer is required
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