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How to Prove a Slip And Fall Accident Without a Witness

Slip And Fall Accident

Nearly everyone has experienced a slip, a trip, or a fall at some point in their life. Most of the time, slip and fall accidents are relatively minor, leaving the impacted person with a bruised bottom and perhaps a sore ego. Usually, these accidents are insignificant enough that one can even laugh about them later on. Less commonly, slip and fall accidents are more serious. 

Depending on the circumstances of the accident and the person involved, a slip and fall could lead to severe injuries, including a traumatic brain injury, bone fracture injury, internal injury, soft tissue injury, back or neck injury, and more.

After being involved in a serious slip and fall accident, it can be difficult to navigate one’s rights and understand the options for recovering damages. When the slip and fall is due to the negligence or fault of a property owner, the injured party can file a claim directly against the property owner for damages. One of the best ways to prove the fault of the property owner is to identify a witness who can testify to having seen the accident or provide context related to circumstances leading up to the accident. 

While witness testimony is unarguably one of the most important and useful types of evidence during a slip and fall claim, it’s not the only one. Consider the following information related to what you should know about slip and fall cases and how to prove a slip and fall accident without a witness. For help along the way, call the experienced personal injury lawyers in Schaumburg, Illinois at Claim Your Justice. 

Common Causes of Slip and Fall Accidents 

Before thinking about what to do if you don’t have a witness, it’s important to understand the basics of a slip and fall accident claim, including some of the most common causes of slip and fall accidents. Over our years representing slip and fall accident victims in Schaumburg and the surrounding areas of our state, we’ve identified the following as some of the most common causes of slip and fall accidents.

  • Torn carpet
  • Spills of food and drink
  • Uneven walking surfaces
  • Potholes and depressions
  • Broken elevators and escalators
  • Workplace safety violations
  • Broken stairs
  • Snow and ice
  • Lack of handrails

For nearly all of the above, the causes of slip and fall accidents are preventableand would not occur but for a property owner’s failure to remedy the hazard. This is important because it shows that even when the testimony of an eyewitness is not possible, common sense and case history show that the most common causes of slip and fall accidents are things that could be fixed; these types of accidents are avoidable. 

Liability for a Slip and Fall

Like other types of personal injury accidents, liability for a slip and fall is based on negligence — the failure to exercise the proper degree of care for the situation. For property owners, a property owner is responsible for maintaining a property in a reasonably safe condition. When a property owner breaches this duty of care and it causes another harm, the property owner can be held liable. 

A property owner can be held liable for a slip and fall accident when:

  • A dangerous condition existed on their property. A dangerous condition could refer to any number of things, including the list of common causes of slip and fall listed above, such as snow accumulation, broken stairs, depressions or holes in walking surfaces, etc. 
  • The property owner knew or should have known of the condition. If there is evidence that the property owner knew or should have known of the condition, they can be held liable if they failed to remedy it. Proving that the property owner knew or should have known of the condition is one of the most difficult parts of winning a slip and fall claim and is where the testimony of a witness can be invaluable. If no witness is available, there are other types of evidence that can be presented to prove this element. 
  • The property owner failed to remedy the condition in a reasonable amount of time. If a property owner is aware of a hazardous condition on their property, they are required to remedy the condition within a reasonable amount of time. For example, if the escalator with a department store is broken, the owner/manager of the store should immediately put up a notice that the escalator is not in service, and then should schedule repairs as soon as possible. Another example of this is in the case of a spill within a grocery store: as soon as the store manager (or an employee) learns of the spill, they should clean it up. If the spill were to be left unattended for hours, this would be considered unreasonable. 
  • The condition is the proximate cause of harm. Finally, a property owner can be held liable if the plaintiff/victim can prove that not only did a dangerous condition exist and that the property owner knew or should have known of the condition and failed to remedy it within a reasonable amount of time, but also that the condition was the proximate cause of your harm. In other words, you must be able to prove that your injuries would not have occurred but forthe dangerous condition. 

These elements mirror the elements of a personal injury claim: 

  • Duty of care. The duty of care that a property owner owes to someone on their property varies depending on the status of the visitor. For those who are on the property lawfully, the property owner owes the duty of care discussed above; if someone is not lawfully on the property, then theproperty owner owes no duty to the trespasserbut to refrain from causing willful or wanton harm. 
  • Breach of duty of care. If the property owner breaches the duty of care owed to you, they can be held liable for injuries that result. 
  • The breach of the duty of care was the proximate cause of harm. Again, you’ll need to prove that your slip and fall and related injuries would not have occurred but for the breach of duty of care. 

Types of Evidence You Can Use in a Slip and Fall Case When You Don’t Have a Witness

Having an eyewitness who can testify to the existence of the defective condition, the property owner’s knowledge of the condition, or/and your accident and how the condition caused or contributed to it, is incredibly valuable. If you don’t have a witness, the following types of evidence can also be valuable in a slip and fall claim.

  • Video recordings. Sometimes, security cameras capture slip and fall accidents on tape. Your attorney can request access to any video footage if it exists. 
  • Maintenance and repair logs. Many stores and properties maintain logs that detail the condition of the property, as well as any maintenance or repairs that take place. For example, a repair log could indicate that a customer filed a complaint about a broken stair or an unsafe condition, as well as whether or not any action was taken to remedy the condition. 
  • Physical evidence at the scene. Physical evidence at the scene can be very helpful. Even if other types of evidence don’t exist, photographs of the scene that clearly document a hazard can be used to build your claim.
  • Expert opinion. When you work with a slip and fall attorney, your attorney can hire experts who can build your case. Most valuable, perhaps, is an accident reconstruction expert who can reconstruct what happened and offer clues about who’s to blame. 
  • Your testimony. Of course, in addition to the above, the testimony that you as the victim of a slip and fall give can be invaluable. 

Why Work with Our Schaumburg Personal Injury Attorney

When you hire the personal injury attorneys at the office of Claim Your Justice, you can count on our law firm to handle 100 percent of your case for you, including gathering all of the evidence you need and building a compelling case. As you focus on your recovery, we’ll focus on hiring experts, visiting the scene of the slip and fall accident, sending spoliation of evidence letters, talking to any witnesses (if there are any), reviewing maintenance logs, checking for video footage, calculating your damages, and more. We’ll handle filing your claim and negotiating your settlement. Throughout the entire process, you can count on us to remain available and accessible. 

Call Us Today

We know how scary being involved in a slip and fall accident is, especially when you’re not sure what your rights are or how to recover compensation. When you call our law firm, you can count on us to work hard for you. We have years of experience and a reputation for excellence.

To learn more about our Schaumburg slip and fall attorneysand the services we offer, please call us directly at 847-434-3555 or send us a messageat your convenience. We offer free consultations and always work on a contingency fee basis. 

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Questions On Medical Malpractice In Illinois

Schaumburg personal injury attorney graphic featuring bold "Q&A" text, emphasizing questions and answers about legal rights and compensation in slip and fall accidents.

What is the definition of medical malpractice?

Medical malpractice is when a doctor or other medical professional breaches the standard of care in administering either the treatment, the procedure, or the diagnosis to a patient. To pursue a medical malpractice claim, the hurdle to overcome is there must be a breach in the standard of care.

An extreme, but not realistic example would be where a person goes into a hospital to have an operation on their left foot, and instead, their right foot was operated on. In this example, the standard of care is to operate on the correct body part. When the doctor fails to do that, the doctor has breached the standard of care.

A misdiagnosis can also be considered medical malpractice – if the misdiagnosis breaches the standard of care. The misdiagnosis would have to lead to some traumatic injury suffered by the patient. So, if you see a doctor, and the doctor fails to diagnose that you have a hernia, but the hernia doesn’t cause any significant problems, that is not going to be a successful medical malpractice claim because there’s been no injury due to the misdiagnosis. On the other hand, if the misdiagnosis is failing to diagnose that you have a strangulated hernia and that leads to a pulmonary embolism, that will likely result in a successful medical malpractice claim.  

If you have a situation with the birth of a baby, and the physician failed to induce labor quickly enough, resulting in the death of the baby or a baby born with cerebral palsy – that would likely lead to a successful claim against the doctor for breaching the standard of care because the doctor did not induce labor within the standard of care.

When it comes to anesthesia cases, medical malpractice issues may arise if the doctor doesn’t formulate the proper mix of medications for the patient, which can result in serious brain issues or heart issues, leading to a heart attack or death. Also, an anesthesiologist may fail to ask a patient if they’re allergic to anything that may be included in the mix, leading to the death of the patient and therefore, a medical malpractice claim.

What happens when there’s a mix between medical malpractice, which then results in someone being charged with a crime?

Unfortunately, these cases are common and are seen when a doctor examines a patient and then gropes the patient, inappropriately touches the patient or examines a part of the patient’s body that does not need examining. These actions may result in the doctor being charged with aggravated battery.

Another example is seen in the death of Michael Jackson where he was being administered an anesthetic by a doctor, whose actions led to Jackson’s death. The doctor was then charged.

Is it considered medical malpractice if I’m injured by someone who doesn’t have a medical license?

It still is considered medical malpractice.  The hospital/practice/medical group that employed a non-licensed doctor would be responsible because they failed to verify their employee was properly licensed. It’s possible the employee previously had a license, which may have been suspended or revoked for any number of reasons, yet the hospital/practice/medical group still allowed them to provide medical services after the suspension or medication. In these instances, the hospital/practice/medical group would be exposed to medical malpractice. For the doctor, they would possibly be exposed to a crime because they are practicing medicine without a license.

Regardless of whether if an individual has a medical license or not, if they are portraying themselves as a doctor, they are exposing themselves to have a medical malpractice claim made litigated against them. The problem in this situation is – you want there to be medical malpractice insurance to pursue. Unfortunately, if there is not an applicable medical malpractice insurance policy,  not every doctor has a large, multi-million dollar net worth available to pay a claim.

Also, if an insurance company failed to verify a physician held a valid medical license, yet issued an insurance policy, then tried to get out of that policy of insurance – you might be able to keep the insurance company in the case, saying the insurance company didn’t follow proper protocols to verify who it issued insurance to, had a valid license.

Call the Law Office of Claim Your Justice Today

To learn more about a potential medical malpractice claim and how our law firm can help, please call  Claim Your Justicedirectly. We offer free consultations and can start working on your case immediately. Reach out to us now to get started at 847-434-3555.

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Claims for Injuries Caused by Defective or Exploding Lithium-Ion Batteries

Burnt smartphone with exposed lithium-ion battery, displaying signs of fire damage and potential explosion hazards.

Lithium batteries are everywhere, and in almost every product we use. If you have a device that you plug in and charge, it almost certainly has a lithium-ion battery. But even though lithium-ion battery are everywhere, there is a wide disparity in the quality and safety of these batteries. When they are defective, the results for the victim can be devastating.

Products Liability in General

Before discussing lithium-ion batteries specifically, it is important to understand what is a product liability claim. When someone is injured because a product is defective — such as when a lithium-ion battery explodes — a personal injury attorney in Schaumburg can help you sue for the injuries that are caused by the defective products.

There are really two kinds of products liability claims, a manufacturing defect or design defect.

A manufacturing defect is where the product is absolutely safe normally, but one product comes off the assembly line or manufacturing process incorrectly, making it defective. The product that causes the injury is unlike every other one of that same product. As an example, think of an airbag that malfunctions. That airbag operates as it should in every other vehicle, but in only your vehicle, it was defective, causing you an injury.

A design defect means that every product is exactly the same, but even with no malfunctions, the product, as it is intended to work, is inherently dangerous. A good example would be medicines and drugs that cause injury. One specific medication can be all made the same. But the way it is made is defective, causing people harm.

Lithium-ion battery claims can be either design or manufacturing defects. In either case, the injuries caused to the victim can be catastrophic.

Why are Lithium-Ion Batteries Dangerous?

Lithium-ion batteries are made by a variety of manufacturers, but only some are reliable and safe. For example, although defects and explosions can happen, as a general rule, the batteries in your phones are normally safe. They are made by large manufacturers, with built-in safety mechanisms to prevent explosions. Many are regulated by existing laws to ensure safety.

But many other devices and the batteries inside of them, many imported from foreign countries that may have little or no safety standards or regulations, are sold without safety mechanisms, or protections that keep a lithium-ion battery from exploding.

How Lithium-Ion Batteries Explode

A lithium-ion battery has positively and negatively charged particles. They are not supposed to interact, and most batteries have mechanisms to keep these two particles from contacting each other.

But sometimes, the barriers between positive and negative particles are damaged or are weakened, exposing the positive and negative particles to each other. When that happens, the battery can heat up to a point that the heat melts, or worse, completely explodes the lithium-ion battery.

In cheaper lithium-ion batteries, the separator between positive and negative particles is too weak, or cannot withstand external pressures and temperatures. When the barrier separating negative and positive particles gives way, the battery can explode.

External causes, such as mishandling, can also weaken the internal components of the battery, allowing the positive and negative ions to interact and heat up. Dropping devices or using chargers that aren’t intended for the particular device, are also external factors that can lead to explosions.

But it doesn’t take blunt force to break the internal barrier inside the battery and cause an explosion. In some cases, a battery may have small metal particles inside of it, because of poor manufacturing.

Those metal particles can puncture or weaken the wall that separates positive and negative ions. In poorer, unregulated countries or slip-shod manufacturing facilities, where precautions to avoid intrusion of metal particles are not taken, the battery comes off the assembly line defective and at risk to explode from the date of manufacture.

Sometimes, contact with metal objects can cause explosions. Vape pens can result in this kind of accident. A user can place a vape pen or charger in their pocket, unaware that they also have a metal object in the same pocket. When the two make contact, with cheaper or poorly made batteries or chargers, the device explodes.

For many poorly made batteries, overcharging can cause explosions. The problem is that overcharging is almost never a concern in most devices that we use. So, even if a product includes a warning to avoid overcharging, the warnings are usually unheeded by consumers.

No Regulations

Unfortunately, there are no uniform guidelines for lithium batteries, nor are there federal regulations that govern their safety, the materials used, or how they are handled. Some states may have regulations, which a personal injury attorney in Schaumburg can help evaluate for you.

This means it is up to manufacturers to ensure safety. Some manufactures do vigorously test batteries, using drop tests, or by installing emergency heat ventilation, but others do not. Added to this is that there is no requirement for a lithium-ion battery manufacturer to take these precautions.

Explosions Happen and Can Be Very Dangerous

There are numerous stories of lithium-ion batteries exploding with catastrophic results. One such report involved a man who purchased a substandard battery on Amazon. The man heard an explosion when his laptop battery exploded. Acid was leaking everywhere, and the man suffered chemical burns on his body.

A few years ago, hoverboards were popular. They were powered by lithium-ion batteries. The batteries in these devices were so dangerous that airlines and the US postal service refused to ship them. The batteries exploded when the hoverboards were being used when they were charging, or even when they were simply sitting by themselves.

Because the batteries often came from overseas, and from a number of different manufacturers, there was no way to determine which ones were safe, and which ones should be avoided.

Cell Phones

Even common cell phone batteries can be dangerous. Many explode when they are charging while in very hot temperatures, such as in parked vehicles. But charging itself, for any amount of time in normal temperatures, will rarely result in explosions with modern phone batteries. Unlike many devices, cell phones have built-in limiters that will prevent explosions because of overcharging.

However, that doesn’t mean the lithium-ion batteries in our phones are always safe, no matter what. Lithium-ion batteries have overheated and exploded when underneath pillows. The lack of ventilation can overheat a charging battery, which in some cases, can kill a user.

Lithium-Ion Batteries in Vaping Pens or E-Cigarettes

Making lithium battery explosions so dangerous, aside from the inherent danger of an explosion, is the close proximity these devices have with our bodies. They often are in pockets, or on or around our faces, or our hands. A lithium-ion battery attorney in Schaumburg can help explain the types of injuries that these batteries can cause when they malfunction.

Explosions in vaping pens (sometimes called e-cigarettes) are a good example. These devices and their lithium-ion batteries are often in pockets, leading to explosions that can injure thighs or genital areas. In our mouths, the devices are right by our faces.

Vaping pens are also especially dangerous because when they heat up, the long cylindrical shape of the pens means that most of the force of the explosion is blown out of the ends of the pen—straight into the victim’s mouth and face.

Additionally, unlike some devices that may have padding, or at least, some space between the inside of the battery and the outside, a vaping pen is tightly packed. This means that when the battery heats up and explodes, the entire device heats up quickly, and explodes. Vape pens have been called “flaming rockets” when they explode.

The US Consumer Product and Safety Commission found over 2,000 emergency room visits were caused by exploding, defective lithium-ion batteries in vaping pens. People’s faces, jaws, and bones have been demolished in vape pen explosions. A 2017 report said that lithium-ion batteries were not considered a safe energy source for vaping pens.

The FDA has suggested that vape pen manufacturers rework batteries so that they are not as likely to explode. But there are no actual regulations regarding vape pens or the batteries within them.

Safety Recommendations

The FDA recommends that consumers only use vaping pens or other electronics with lithium-ion batteries in them that have safety features that protect against overheating. It is also recommended to keep loose batteries in cases, so they don’t contact metal objects. The FDA also says that you should only use the pen or batteries’ own charger, not third-party chargers.

Suing After a Defective Battery Explosion

If a lithium battery explodes causing injuries, the injury lawyers at Claim Your Justice can help evaluate your case, and help you sue the manufacturer for the injuries that you sustain.

One very important thing to remember is to keep the remnants of the device that exploded and to take pictures of the area where the battery exploded. An expert witness who your attorney uses will analyze the remains of the device (as well as photos or videos of the product, and the area where the explosion happened), to come to conclusions about how the lithium-ion battery malfunctioned. Your Claim Your Justice lawyer will then use that information to present your case to the responsible parties.

When a battery explodes, a number of entities can be responsible. Under product liability laws, everybody, from the original manufacturer, all the way to the end retailer who sold you the product, can be held liable for your injuries.

To help you if you are injured by a defective lithium-ion battery, call our Schaumburg personal injury attorneys at Claim Your Justice toschedule a free consultation at 847-434-3555.

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How Common Are Motorcycle Accidents in Chicago?

Motorcycle crash scene with a damaged bike, scattered helmet, and debris on the road, illustrating the dangers of motorcycle accidents in Chicago.

Motorcycles aren’t just for transportation. For many, they are a way of life, a culture, or a symbol of independence and freedom. This is especially true in Illinois, a state that has the sixth most registered motorcycle registrations in the country. In addition, the cost of gas is a fraction of driving a car.

But unlike many recreational or fun vehicles, motorcycles have to share the road, and the rules of the road, with cars and trucks. Because of that, motorcycle accidents in Chicago can be very common. When these incidents do happen, the injuries suffered can be even more devastating than car accidents.

Motorcycle Accidents in Chicago: Common, and Often Fatal

The news about Chicago motorcycle accidents is often tragic and speaks to the very high degree of injury that people in motorcycle injuries suffer. Stories abound of riders killed in suburban areas, on Chicago’s highways, as well as injuries and deaths to passengers in motorcycles.

The best way to understand how common motorcycle accidents are in Chicago is by looking at statistics from all of Illinois. According to the Illinois Department of Transportation, in 2018, although motorcycle accidents made up fewer than 1 percent (2,973 accidents) of all accidents on the roads, they made up 12% of all fatal crashes. That is a large disparity, which speaks to how devastating motorcycle accidents can be.

National statistics bear the same result. The National Highway Traffic Safety Administration in 2019 calculated that motorcycle riders were 29 times more likely to die, on a per-mile traveled basis than drivers or passengers in car accidents. A 2016 study also showed that motorcyclists were 28 times more likely than those in cars to be killed in accidents.

Despite more public awareness of motorcycle safety, nationally, motorcycle injury and death rates have generally remained consistent. In 2019, about 975 motorcyclists per 100,000 registered cycles were injured, and 58 per 100,000 were killed.

Where Do Motorcycle Accidents Happen and Who Gets in Accidents?

Although being on side streets would seem to be safer, in fact, they are not. According to State of Illinois statistics, more motorcyclists were killed on city streets and roadways, than were killed on larger highways. Age doesn’t seem to make a difference; about the same number of Illinois motorcyclists were killed who were over the age of 45, as were killed under the age of 45.

Larger motorcycles, which likely are used on busier highways, contributed to a much higher percentage of fatalities. Of all fatal accidents, motorcycles with over 150 cc motors were involved in 149 deaths. Those with under 150 ccs, contributed to only 7 deaths in 2018.

Just like with cars, alcohol plays a factor in motorcycle accidents as well. About 38% of victims in fatal Illinois motorcycle accidents tested had a blood-alcohol level of .01 or higher. The statistics for non-fatal injuries are just as serious. In 2018, nearly 800 people were injured in motorcycle injuries in Illinois

Motorcyclists may have a reputation for being daredevils who drive recklessly, but the statistics don’t bear this out at all. In fact, the majority of motorcycle crashes, 1,638, occurred when motorcyclists were simply driving straight.

Motorcycle accidents are caused by things that can include factors the driver can control, as well as those the driver cannot. For example, “loss of control” is cited by the state as a major factor contributing to motorcycle accidents. Loss of control could include a reckless or inexperienced driver, but could also involve poor weather conditions, or another negligent driver causing the motorcyclist to lose control,

Why Are Motorcycle Accidents So Dangerous?

The severity of motorcycle accidents, and the disproportionate number of deaths that occur in these accidents, are likely explained by obvious factors.

Motorcycles do not have the heavy sheath of metal protection that a traditional vehicle has. Weight disparity between a motorcycle and a car contributes to the severity of injuries sustained in motorcycle accidents. A minor accident, such as a “fender bender” between two cars, can be a major impact collision when it is between a car and a motorcycle.

A motorcycle driver is more likely to be thrown from a vehicle in an accident. This makes injuries such as lacerations, abrasions, amputations, burns, traumatic brain injury, or paralysis, much more common than they are for those occupants inside of cars or trucks.

Motorcycles tend to be less visible to other vehicles, and less stable than traditional cars. Reduced visibility means that maneuvers such as avoiding debris on the road, or trying to swerve from an oncoming negligent driver, can lead to a deadly accident. Compared to the same situation whereas there may be no injuries at all in the same situation if the accident was between two cars.

Protective Gear, Helmets, and Motorcycle Safety Laws

Sadly, many drivers do not wear protective equipment, such as helmets, when on a motorcycle. The National Highway Transportation Safety Authority predicted that almost 2,000 people were saved in motorcycle accidents because they wore their helmets in 2017. Between 37 and 41 people per 100 riders could be saved in otherwise fatal motorcycle accidents, had they been wearing a helmet.

Despite these figures, there is currently no law in Chicago or Illinois that requires that a motorcycle driver wears a helmet (only Illinois, New Hampshire, and Iowa have no mandatory helmet laws). Illinois used to have a helmet law, but it was declared unconstitutional by the Illinois Supreme Court.

Should you (smartly) opt to wear a helmet, remember that because Illinois has no helmet law, there are also no laws setting standards for motorcycle helmets. Make sure that whatever helmet you wear, is accredited by a safety board or organization.

The law requires that operators wear glasses or goggles on their eyes or be protected by a windshield. Goggles must protect both the front and the sides of the drivers’ eyes.

The same law applies to passengers or riders other than the driver. Passengers must have separate passenger seats that have footrests, and passengers must straddle the bike unless seated in a sidecar.

Additional laws are in line with common-sense safety measures, such as making it illegal to ride on one wheel, and mandating that the driver’s hands be on the motorcycle. Hand grips must be at, or below, the head of the driver. These are just Illinois requirements. Federal laws place other requirements, usually on standards for the making of cycles, or safety features on them.

If you are a new motorcycle rider, consider getting training courses, many of which are offered by the State of Illinois. Motorcycle training courses in Illinois teach riders how to operate both two and three-wheel cycles. The state even offers courses geared towards experienced, trained riders.

Finally, remember that “loud pipes, save lives.”

Suing For Motorcycle Accident Injuries in Chicago

An accident involving a motorcycle works just the way a car versus car or car versus truck accident would. Our motorcycle accident lawyers can sue a car driver if the driver’s negligence caused an accident. However, the main difference between a car versus car case, and one that involves a motorcycle, comes in the number of available defenses that someone can use when trying to avoid responsibility for a motorcycle accident.

There is no legal bar to suing a negligent driver, just because you, as a motorcycle operator, did not wear a helmet. But just because the law doesn’t require that a motorcycle occupant wear a helmet, doesn’t mean that a jury cannot or will not find you contributorily negligent for not wearing one. Often, when a motorcyclist sues after a motorcycle accident, the other side will try to use the failure to wear a helmet as a defense, arguing that the failure was a contributing cause of the motorcyclist’s injuries.

Motorcyclists also have to be aware of the inherent stigma against them, fair or not: That there is a reputation or feeling in the general public that Motorcyclists are reckless. This is a prejudice that many jurors hearing motorcycle injury cases bring with them into the courtroom. Our motorcycle injury lawyer can help you overcome that stereotype, and point out that you, like many other riders, operate your motorcycle safely when you are on the Chicago roadways.

Apportionment of Liability in Motorcycle Accident Cases

Remember that whenever a negligent car driver tries to claim that you, as a motorcyclist, caused your own injuries by not wearing a helmet, or by being inexperienced, or by being reckless, a jury can apportion liability between you and the negligent driver. If a jury thinks that you, as the victim, were 51 percent or more responsible for your injuries, Illinois’ comparative negligence statute prevents you from recovering any damages at all.

That’s why it is so important to call our aggressive and experienced Chicago motorcycle accident lawyers.

Motorcycle accidents injuries can be serious, and catastrophic. To learn more about your rights if you are in an accident, call our Schaumburg, IL motorcycle accident attorneys at Claim Your Justice to schedule a free consultation at 847-434-3555.

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Illinois Medical Malpractice Questions Answered

Schaumburg personal injury attorney graphic featuring bold "Q&A" text, emphasizing questions and answers about legal rights and compensation in slip and fall accidents.

What is the definition of medical malpractice?

Medical malpractice is when a medical professional the standard of care in administering either the treatment, the procedure, or the diagnosis. To pursue a medical malpractice claim, the initial hurdle to overcome is there must be a breach in the standard of care.

An extreme, but straightforward example is where a person needs to have their right foot amputated because they have gangrene on the right foot, but the doctor amputates the left foot, that is a breach of the standard of care.  

A misdiagnosis can also be considered medical malpractice – if the misdiagnosis breaches the standard of care and leads to a traumatic injury suffered by the patient. So, if you have a physician visit,  and the physician fails to diagnose that you have a hernia, but the hernia doesn’t cause any significant injury, that is not medical malpractice because although there was a misdiagnosis, there has been no injury due to the misdiagnosis.

If you have a situation with the birth of a baby, and the physician failed to induce labor quickly enough, resulting in the death of the baby or a baby born with cerebral palsy – that would satisfy a claim against the doctor for breaching the standard of care because the physician did not induce labor in a more rapid and professional fashion.

When it comes to anesthesia cases, medical malpractice issues may arise if the doctor doesn’t make the proper pharmaceutical mix for the patient, which can result in serious brain issues or heart issues, leading to a brain aneurysm, heart attack, or death. Also, an anesthesiologist may fail to ask a patient if they’re allergic to anything that may be included in the chemical medication, leading to the death of the patient and therefore, a medical malpractice claim. 

If you think you or a family member has been a victim of medical malpractice that resulted in a serious injury or death, call the attorneys at Claim Your Justice. 

What happens when there’s a mix between medical malpractice, which then results in someone being charged with a crime?

Fortunately, these cases are very uncommon.  However, an example would be when a doctor examines a patient and then gropes the patient, inappropriately touches the patient or examines a part of the patient’s body that does not need examining because it is not related to the reason for the visit. These actions may result in the doctor being charged with an aggravated battery.

Another example is seen in the death of Michael Jackson where he was being overprescribed an anesthetic by a doctor, whose actions led to Jackson’s death. The doctor was then charged.

Is it considered medical malpractice if I’m injured by someone who doesn’t have a medical license?

Yes.  The hospital/practice/medical group that employed a non-licensed phony would be responsible because they did not verify their employee was properly licensed. It’s possible the employee previously had a license, which may have been suspended or revoked for any number of reasons, yet the hospital/practice/medical group still allowed them to provide medical services.

In these instances, the hospital/practice/medical group would be exposed to medical malpractice. For the physician, they would be exposed to a crime because they are practicing medicine without a license.

Regardless of whether an individual has a medical license or not, if they are portraying themselves as a doctor, they are exposing themselves to have a medical practice claim charged against them. The problem in this situation is – you want there to be medical malpractice insurance to pursue. Unfortunately, not every doctor does not have a $10 million net worth available to pay a claim.

Also, if an insurance company failed to verify a physician held a valid medical license, yet issued an insurance policy, then tried to get out of that policy of insurance – you might be able to keep the insurance company in the case, saying the insurance company didn’t follow proper protocols to verify who it issued insurance to had a valid license.

What happens is someone is passing themselves off as having a license and an injury occurs to their client?

Many professions need a license – such as a masseuse, a cosmetologist, or a threading technician, and if they are non-licensed, work on a client and cause injury to their client – you can make a claim against that person for acting as if they had a license or not being properly licensed. However, recovery would be a difficult process because the person probably doesn’t have any insurance, significant value, or net worth.

If you or a loved one have been victims of medical malpractice, call our medical malpractice lawyer in Schaumburg to discuss your potential case at 847-434-3555.

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Common Lawsuit Questions In Illinois

Open book titled "Personal Injury Law" with a gavel and glasses on a gray surface, symbolizing legal representation and personal injury claims.

If, through no fault of your own, you are walking along a sidewalk and you trip on two uneven sidewalk slabs, who should be responsible for those injuries?

The uneven sidewalk issue is very common among lawsuit questions in Illinois. The first inquiry is, who is the person or entity in control or owns the sidewalk? If It is a city, county, municipality, or state, it is a much more difficult case than if it is a private owner that controls or owns the sidewalk. If it is a city sidewalk, they generally have something known in the law as tort immunity. Tort immunity recognizes that cities have a lot of responsibilities throughout their regular operations.

Looking out at every inch of road, pavement, and sidewalk is too difficult a chore. To overcome tort immunity, the city needs to have had notice of the defect in the sidewalk. If you are injured on a city sidewalk, you want to show that they had notice of the defect.  When it comes to an uneven sidewalk, it all depends on how uneven the sidewalk is. If the sidewalk is uneven by an inch or two inches, the law may not agree that is so uneven as to create liability – even with notice.

If it was over two inches, then you have a better chance to succeed in making a claim for your injuries against the city – again if the city had notice. Now, it is easier to succeed in a claim versus a private owner.  A private owner has a more heightened responsibility to maintain their property than a city, and the private owner does not have the defense of tort immunity. So, in private ownership, it needs to be shown that the private owner failed to either properly warn people of the uneven sidewalk, or failed to take remedial measures to correct the problem. Then you could make the private owner liable in this particular example.

If someone signs a gym waiver, can they still file a claim for injuries they sustain at a gym?

Gym waivers are tough. The first level of inquiry is, what is the language of the waiver that was signed? Let’s assume it’s the best-drafted waiver in favor of the gym facility. You need to work to see if the injury that occurred could have been prevented. If you have a person that’s injured using a particular machine and let’s say that person’s a new member, and the gym failed to train or demonstrate to that person how to properly use the machine, then the fact that they signed a waiver might help the injured member prove liability for the injury.

Or you have situations where the machine may be maintained poorly. A person goes over to the machine, sticks a pin in the weight rack, and the cable breaks, and they are seriously injured. One of the levels of inquiry would be the maintenance records. If we can establish that a member had reported the machine as defective to the front desk, and a day goes by and the front desk didn’t notify management, or management didn’t take any action to correct the problem, then you can possibly get around the waiver.

Those are the two easy examples to discuss. There are some other examples like if someone signs a waiver for their family, a mom signs yet her kid comes into the gym and is injured, it’s difficult to establish liability. 

When staying at a hotel, does the hotel have any liability for monitoring the use of their on-site gym or their sauna?

In a hotel environment, the document you sign when you check in generally wouldn’t include a specific release for the workout room, but certain rules do apply. If the machine was not properly maintained, and you obtain maintenance logs to show that a month has passed since maintenance was done on the equipment, then the hotel certainly didn’t maintain their level of responsibility to the guest – business invitee – to keep their premises safe.

The weight room scenario at a hotel would be similar to any other company. If someone is in the banquet room at a hotel, and their chair breaks and causes an injury, the chair was not maintained or inspected properly, and you could certainly maintain a case against the hotel. So whether it’s a gym or a hotel I think the person would have the ability to make a successful point.

Can a customer file a claim if they receive laser burns during hair removal or another cosmetic procedure?

It depends, it would most likely fall under professional liability. If you can establish that the physician administering that laser treatment wasn’t using the standard of care typically expected by professionals who use that type of machinery. One could make a claim and likely sustain a claim against that physician and the facility’s owner. 

That answer assumes that there is an actual injury, though. If you just have some pain during the procedure, and the pain goes away – no case. To be successful with the claim there would have to be some substantial injuries, caused by the alleged breach of the standard of care in the medical office.

What is your advice when it comes to a client posting pictures of their injuries or commenting on social media about what had happened to them?

Sometimes it makes my job easy. If I’m able to point and say look, this person was injured, and they’re telling the whole world they’re injured, that’s confirmation that they were injured. Whereas on the other hand, you could have a person who’s claiming injury, saying that their back or legs are hurting and they are not able to do a normal daily activity, but their Facebook page shows them bungee jumping off a bridge.

You have to be careful about what you post on social media because it’s discoverable in litigation. It wouldn’t be the first time that the insurance company argues the claim of injury is not supported by the facts, because here’s the client on social media acting as if he or she didn’t have an injury.

Can you be sued for something you post on social media?

Sure, if you post something defamatory, you could be sued for it. It could fall under defamation. It could be harassment. It could be false light, where you author something about another person, and what you say about the other person holds them in a false light, so that other people in the community think differently about them. Sure, you can certainly make a claim that way. I encourage people to do that, the First Amendment applies to a lot of things, but it wouldn’t apply to that.

Can you sue someone for being rude to you? If not, when does language escalate into doing something a person can sue for? 

If what you’re doing is to harass a person and makes that person feel that they’re in imminent danger of receiving a battery – unauthorized physical touching or conduct, then that is how they would be able to support a claim. They are claiming that they felt they were going to be injured by what the person was saying to them. Or what they’re saying is so egregious, it could rise to the level of defamation.

Contact Our Schaumburg Personal Injury Lawyers

If you’ve suffered an injury due to the negligence of another call the Schaumburg personal injury lawyers at Claim Your Justice and let us get you the compensation you deserve.

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Personal Injury And Workers’ Comp Questions Answered

Car accident scene showing two damaged vehicles, one severely crushed in the front and the other with significant rear-end damage, highlighting the dangers of negligent driving and personal injury claims.

Not every injury means you can file a lawsuit, you have to have legal grounds to hold someone else accountable. What are those grounds?

You first need to have a duty of care owed by one person to the injured person to qualify as a personal injury in legal terms. The duty of care can be described very simply.  A person who is driving a car has a duty of care to operate that car safely. So, when the driver of a car strikes another car, and someone is injured, then the duty has been breached. Once Claim Your Justice™establishes there was a duty of care, we then need to establish a breach of the duty of care.   

Say the person who’s driving the car rear-ends the other person, of course, that person has breached the duty of being safe. Let’s say that person who breached the duty of care says  “Hey, I’m injured, and your car that I rear-ended shouldn’t have been there. ”Well, you can see that is a crazy theory of liability and it’s not going to be actionable because there was no duty of care for the car that was in front to not be there.

The next thing is that the person who is injured has to show that their injuries were the proximate cause of the accident. For example, if you have a person who’s rear-ended, and they claim that their crown fell out in their mouth because of the accident, and they want to sue the driver that rear-ended them. If it’s established that the crown didn’t fall out because of the accident, the proximate cause for that injury isn’t connected. 

So far, we have 1) the duty of care; 2) the breach of duty – the duty of care; and 3) the proximate cause. This is how you get to liability. 

You need all three elements to establish a personal injury case. Sometimes you can have all three elements, but the actual personal injury onset is delayed.  A person may not know that they’re injured. This happens sometimes in medical malpractice cases. A doctor performs a medical procedure and the client/patient feels fine for a few days or weeks.  But then the client passes out and finds the procedure was not performed correctly.

What happens if a victim is partially at fault? Can they still pursue a personal injury claim? And if they can, how does that work?

If a person is partially at fault, but less than 50 percent, at fault, they could still pursue a claim, if they’re more than 50 percent at fault, they will lose their claim. That percentage is often negotiated between the attorneys at Claim Your Justice and the insurance company or the defense attorney. Other times, it is decided by a jury when they hear all the facts and they determine who was at fault for a particular accident and whether the person was more than or less than 50% at fault.

Sometimes the jury could find the person is at fault 10%.  Other times, the jury can find the person at fault 90 percent. In the 10 percent case, the person will still recover the value of their injuries minus 10 percent. In the 90 percent at fault case, they don’t collect anything.

Car accident scene with damaged vehicles, focusing on a gray car with a crumpled front and a white car in the background showing severe rear damage, illustrating the complexities of fault in personal injury claims.

Most work injuries could be covered through workman’s compensation. However, can you talk a little bit about scenarios where the employer is responsible for the compensation of these injuries?

In Illinois, there’s a statute that says if an employee is injured while on the job, and the source of the injury is not based on any third party responsibility, the exclusive remedy is against the employer. That exclusive remedy is required under the Workers Compensation Act. You can have a situation where an employee who is driving for work is injured in a car accident, it’s a one-car accident where the employee hits a tree.  Even though the employee is responsible for the accident, they can still pursue a claim against the employer. 

If on the other hand, the employee who is driving during work and hits a tree, and Claim Your Justice finds out that the car was recently repaired, and the mechanical shop failed to properly install the brakes or some other type of mechanical defect in the repairs, and that defect causes the car to veer off into a tree, the injured person will pursue a claim for injuries under the Workers’ Compensation Act against the employer.

We would also pursue a separate claim against the mechanical shop for negligence. The mechanical shop must do its job right. When they don’t do it right, that’s a breach of duty, and that breach of duty was the proximate cause of the person’s injuries. In this  case, the injured person has two separate claims

What happens when employees are injured while taking a break, can they still receive compensation?

If they’re on the clock, there’s an argument that the accident did not happen within the scope of their employment. So, let’s say the employee is a delivery driver, and he takes a break. While he takes the break, he goes to his girlfriend’s house, and while he is at his girlfriend’s house, he injures himself there.

He wants to make a claim against the employer for his injuries, but that claim will be denied because the injury at his girlfriend’s house did not happen in the scope of employment. If the employee was in a break room and injured himself, he did not deviate from what his regular job duties are, so there he would still be covered under workers’ compensation.  

Does what you just previously discussed, also apply to temp workers, or do their injuries fall under different criteria?

Temp workers can pursue a claim against their employer and their employer is the temporary agency. You can have a scenario where you could sue the place where the employee was temporarily working, for negligence. If you find perhaps a machine that the employee was working on was defective, the employee could pursue a workers compensation claim against the temporary agency, and pursue a possible negligence claim against the company where they were temporarily placed

When it comes to factory work, employees are sometimes subjected to loud and prolonged noise. How is hearing loss compensated in these instances?

If you could make the connection between the type of employment, and the hearing loss, then you would be able to pursue a claim for workers comp. There’s a schedule provided in the Illinois Workers Compensation Act as to how those claims are compensated. It depends on the degree of hearing loss and whether there were any complaints of hearing loss as it was before.

Contact our Schaumburg Personal Injury Lawyers

If you think you may have a workers’ compensation claim from a personal injury suffered at work or any other personal injury, call the experts at Claim Your Justice™ and let us get you the compensation you deserve.

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7 Common Illinois Personal Injury Questions

Schaumburg personal injury attorney graphic featuring bold "Q&A" text, emphasizing questions and answers about legal rights and compensation in slip and fall accidents.

Who pays for the court costs and expenses associated with a personal injury case? At what point in the case does payment of court costs and expenses happen?

Pursuing a personal injury case may require expenses and some time spending money on court costs.  These expenses and court costs are advanced by Claim Your Justice™.   There are no upfront expenses paid by our injured clients.  Court costs are incurred when a case goes to court. 

The fact is that because we aggressively pursue our clients’ injury claims we are able to settle many of our personal injury cases without having to go to court.  In these situations, there are no court costs. However, we are not shy about filing a lawsuit when doing that is necessary to recover the most amount of money for our clients!  

When we do have to file a lawsuit to fight the insurance company, we advance the court costs and upon successful recovery of the case, we take our court costs back. There are no out-of-pocket expenses for our clients when it comes to filing a personal injury lawsuit.     

Claim Your Justice™advances expenses to obtain our client’s medical records. We recover those costs upon a successful recovery.  

There’s also another expense when we would want to obtain a report from a medical specialist. For instance, in a dog bite case where a client has a scar on their face, or an auto accident case where the client is not able to walk again, we would hire an expert witness to give us an opinion letter about the permanency of the injury and the future medical bills that may be incurred to correct the scaring.

At every turn, Claim Your Justice™is working hard for our client.  We advance the expenses and court costs when necessary to maximize the amount of money our client receives.    

If the attorney and the client disagree on accepting a settlement being offered, how is that handled?

The attorneys at Claim Your Justice™always tell our clients they are the final decision makers as to whether to accept a settlement or not. If the client does not want to accept a settlement, the case will be filed in court. Once a case is filed in court, the case goes through the process of written discovery, depositions, and then ultimately a trial and let the jury decide as to the value of the injuries. In many cases, the jury verdict is an amount that is more than what was being offered in the settlement, and other times, the jury verdict may be less than the settlement that was being offered.  

The court system is a way the client can advocate for themselves when they want to reject a settlement. There is always a risk that when electing to go to court and a jury trial.  The risk is that you cannot predict what a jury is going to award. There are times when jurors have been in car accidents themselves and were not injured and let personal experiences influence the true value of a case.  Whereas a settlement is a guaranteed amount.

Claim Your Justice™prides itself in explaining to our clients what we believe the value of the case is and whether a settlement is close to the value of the case.  We may recommend filing a lawsuit and going to court as our goal is always to get the most amount of money for our clients.   

What ways to improve the chances of a successful recovery in an injury case?

After an injury, you should follow the hospital’s and doctor’s instructions as to how to care for and treat your injury.  This is the best way a client can make sure the value of their case value isn’t jeopardized. In a real-life example, we had a client that has a doctor’s order to go for therapy but could not follow through as it conflicted with their work schedule. This is completely understandable, but if an injury victim has a doctor’s prescription to go for therapy and the client doesn’t follow their recommendations, when it comes time to evaluate the case there can be a conflict and the value of the injury will be negatively affected.

The insurance company and defense attorneys will question if the client was seriously injured, why would they not have gone to therapy? This can often be an obstacle to recovery and simply following a doctor’s recommendations is a great way to improve the chances of maximizing the value of your case after you have been injured.  

On average, how much time is devoted by a client to an injury case?

When a client can settle a case, there is much less time that needs to be put into that case by the client. When a case such as an auto accident injury goes through the court process, the client will be required to give a deposition and will be required to come to court for arbitration and/or a trial. So, the number of hours needed on the client side varies significantly between when a case is settled and when there is court action, and it is for the client to decide. At Claim Your Justice™, we see it as an investment as the client is investing their time in the process to achieve maximum recovery, just as we are investing our time in litigating the case. 

What happens when a case is not successful?  Who is responsible for any case-related costs or out-of-pocket expenses?

Claim Your Justice™works on acontingency-fee-basis, meaning we only collect a fee when our client recovers money. If we lose the case, we will generally waive those costs and the client will not be personally responsible for them. As a personal injury law firm, we must assess each case individually because we do not want to invest court costs and our time in a case that we don’t think has an avenue for a successful recovery. There is a balancing act that occurs when we assess a new potential client’s personal injury case.  

We are not going to go through the process unless we are confident the case will result in a successful recovery. With more than 30 years of experience, we can evaluate your case very quickly and very accurately, so conversations with prospective clients are productive and allow us to get to the heart of the issues quickly and intelligently. 

How do you prove liability in an injury case that takes place at a business?

We have worked on many cases where clients have been injured at grocery stores, big-box retailers, and other types of stores. It is especially important that the client contacts Claim Your Justice™early enough.  The reason this is so important is because proving liability is the first prong of any personal case.  This is how we prove liability.  Then we will evaluate the value of the injury.  

It is essential that we secure a video whenever possible, and when a client calls us if it happened in a parking lot or inside a store, we will do our best to get pictures of the are areas where the incident occurred.  This goes a long way toward proving liability. Also, when the client contacts Claim Your Justice™, we encourage them to take as much time as necessary to give us detail by detail as to what led up to what preceded the actual injury. 

Whether it was some material falling off a high shelf and hitting the client on the head, or if they slipped and fell on the floor, causing a skull fracture, or whatever the case may be.  There are a variety of ways someone can get injured at a retailer, but the most important part is the client getting to Claim Your Justice™quickly and us doing our investigation thoroughly.     

What are other typical injuries sustained at businesses?

There are accidents that occur at amusement parks by equipment either caused by defective maintenance or a defect in the operation. We’ve also had a case where there was a guard dog at a facility who wasn’t properly restrained and bit a client. There are many ways where someone be injured at a place of business, but generally, we see injures as a result of a slip and fall or defective maintenance or equipment at retail establishments.

If you have been injured due to the fault of another contact the Illinois personal injury lawyers at Claim Your Justice™ and let us help you get the compensation you deserve for your personal injury.

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How Long Do I Have to File a Claim After an Auto Accident?

Man holding his neck in pain after a car accident, with damaged vehicles in the background, illustrating the impact of auto accidents and personal injury claims.

In the blink of an eye, a car accident that you never saw coming can change your life. When it does, having a Claim Your Justice attorney on your side will help you to understand what rights you have, how to pursue damages, and what compensation you’re entitled to. At Claim Your Justice, our experienced Schaumburg, IL car accident attorneys are here to support you every step of the way.

As you navigate the personal injury claims process, there’s a lot to think about — evidence, how to prove fault, how to maximize your compensation, and the statute of limitations. The following will focus on the statute of limitations and how much time you have to file a claim after an Illinois or Wisconsin auto accident. To learn more how we can help you with your personal injury case, call our law firm directly or send us a message at your convenience.

What Is a Statute of Limitations?

In its simplest sense, a statute of limitations is a limit on the amount of time that you have to file a lawsuit against another party or take some other sort of legal action. It’s easiest to think of a statute of limitations as a clock; once the time on the clock is up, the right to bring forth a claim is over. Because statutes of limitations are critical, it’s smart to work with an attorney who can help you to understand and protect which time limit applies in your case.

Is the Statute of Limitations the Same for All Types of Cases?

The statute of limitations is not the same for all case types. Even within the category of civil claims, the statute of limitations varies by type of action. While this will be discussed more below as it pertains to a car accident, it’s important to know that the amount of time you have to bring forth a civil suit will look differently depending on if you’re injured in a car accident or just filing a claim for property damages; have been injured due to a doctor’s medical malpractice; etc.

What Is the Statute of Limitations for an Illinois or Schaumburg Car Accident Case?

Depending on the details of your case, there may be three different statutes of limitation that apply. Again, it’s important to not delay in talking to an attorney who can explain the statutes of limitation and which one(s) may be relevant for your case.

  • Wrongful death. A wrongful death lawsuit exists when the wrongful or neglectful acts of one party lead to the death of another. As tragic as it is to think about, the truth is that car accidents frequently cause of death in Illinois. If a loved one has been in a fatal car accident, then the statute of limitations that your family needs to be aware of is the wrongful death statute of limitations. As found in 735 ILCS 5/13-209, the statute of limitations for a wrongful death claim is:
    • Sec. 13-209. Death of party.
      • (a) If a person entitled to bring an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives:
        • (1) an action may be commenced by his or her representative before the expiration of that time, or within one year from his or her death whichever date is the later;

    In other words, if your loved one has died from injuries sustained in a car accident, you either have two years from the date of the accident or one year from the date of your loved one’s death, whichever is later, to file a wrongful death claim.

  • Personal injury. Most car accident claims are a form of personal injury claim, where the injured party seeks compensation for personal injury damages caused by the at-fault party. In a personal injury case in Illinois, the statute of limitations is two years from the date the cause of action accrues, as found in 735 ILCS 5/13-202. This means that if you are pursuing damages for economic and non-economic damages related to your injuries, such as compensation for medical bills, lost wages, emotional distress, and pain and suffering, you have two years from the date of your crush to initiate a lawsuit.
  • Medical Malpractice. A medical malpractice claim is serious and exists when a medical mistake results in injury or death. If you or a loved one has been the victim of a medical or hospital mistake, then the statute of limitations that your family needs to be aware of found in 735 ILCS 5/13-2122, the statute of limitations for a medical mistake is
    • Sec. 13-212. Physician or hospital.
      • (a) Except as provided in Section 13-215 of this Act, no action for damages for injury or death against any physician, dentist, registered nurse or hospital duly licensed under the laws of this State, whether based upon tort, or breach of contract, or otherwise, arising out of patient care shall be brought more than 2 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury or death for which damages are sought in the action, whichever of such date occurs first, but in no event shall such action be brought more than 4 years after the date on which occurred the act or omission or occurrence alleged in such action to have been the cause of such injury or death.
  • Property damage. Finally, the statute of limitations in Illinois for property damage is five years. If you are bringing forth a claim for personal injury damages, however, you will most likely roll your property damage claim into that and won’t need to worry about the five-year statute of limitations.

Claims Against the Government

One other thing to know about the statute of limitations in Illinois is that there are important different rules for individuals who are bringing a claim against a government entity. For example, if your car accident occurred due to the negligence of a state, county, school employee, or a CTA bus driver, you can still bring a claim for personal injuries, but there is a significant Statute of Limitations.

You must file a lawsuit within one year of the date of the accident. Note that claims against the government are complex due to the rules of sovereign immunity and if you have been in a car accident with a government employee or vehicle, you should prioritize seeking legal counsel.

Exceptions to the Statute of Limitations & the Discovery Rule 

It is very rare for the statute of limitations to be extended, but sometimes it is possible. A court in Illinois may recognize the “discovery rule,” which holds that the clock on the statute of limitations doesn’t start ticking until the injured person knows or should have known that they had a cause of action for injuries. While a delay in the knowledge of one’s injuries is common in medical malpractice claims, it is rare in car accident cases. That being said, if you didn’t discover your injuries until well after the date of the car accident and have good evidence as to why you may be able to have the statute of limitations extended.

What is The Statute of Limitations When a Minor is Injured?

The other time that the statute of limitations will be extended in a personal injury case is when a minor is the injured person. In these cases that statute of limitations is two years after the minor turns 18. .

What Happens if You Miss the Statute of Limitations?

If you have been injured in a car accident, suffered property damage in a car accident, or lost a loved one in a car accident, you do not want to miss the statute of limitations. If you miss the statute of limitations, you will be permanently barred from recovery.

It’s important to note that initiating a claim with an insurance company and filing a lawsuit is not the same thing. The statute of limitations refers to your right to bring a lawsuit in court. As such, if your claim isn’t settled within the statute of limitations, then you won’t be able to file a lawsuit For this reason, it’s important to start the claims process as early as possible; this way, if a settlement can’t be reached, you’ll still have plenty of time to think about filing a civil action in court.

Tips to Ensure the Statute of Limitations Isn’t Breached

Following a car accident, you should contact Claim your Justice and initiate your case as soon as possible to ensure that a) you maximize the recovery of damages that you are entitled to as soon as possible and b) you don’t risk breaching the statute of limitations. Tips to help you act in a timely manner include:

  • Seek medical care immediately
  • Call your insurance company within 24-48 hours of the accident to report the crash
  • File a police report immediately
  • Call the attorneys at Claim Your Justice Schaumburg attorney with experience working on car accident claims as soon as possible

Once you call Claim Your Justice our attorneys can take over handling the details of your case — including ensuring that you don’t breach the statute of limitations — so that you can focus on your recovery.

Call Our Claim Your Justice Schaumburg, IL Car Accident Lawyers Today

If you have been in a car accident, working with a Schaumburg, IL car accident lawyer is essential. To learn more about how we can help and what you should know about the statute of limitations, call our law firm directly at 847-434-3555 or send us a message online to request a free case consultation.