Posted on

My Spouse or Parent Died from COVID-19 in Nursing Home – Can I Sue?

Nursing Home Abuse

There is nothing worse than losing a spouse or a parent and many people have lost a loved one from COVID-19 in a nursing home. Losing a spouse or a parent can feel like losing a part of ones’ self and may be the most challenging thing that a person ever experiences. One thing that can add to grief is wondering whether or not the death could have been prevented had the deceased individual received better care. While nursing homes throughout Schaumburg and the surrounding areas of Illinois have a duty to treat their patients with a high level of care, sometimes, this duty is not maintained and the health consequences are significant or even fatal.

COVID-19 In Nursing Home

During the COVID-19 pandemic, some nursing homes were ravaged and many residents died as a result of complications from the virus. So, there are questions of whether or not a nursing home can be held liable for the death of their residents from COVID-19.

If your spouse or parent died from COVID-19 while a resident of a nursing home and you are wondering whether or not you can sue, here’s an overview of what you should know about nursing home liability for a coronavirus-related death. If you think that you might have a case, please call our nursing home abuse and wrongful death lawyers at Claim Your Justice for a free consultation where we can learn more about your case and provide you with information that is specific to your situation.

What Is a Nursing Home’s Duty of Care?

When thinking about a nursing home’s liability, which means legal responsibility, for a nursing home resident’s harm or death, one must first understand a nursing home’s duty of care. It is only when the duty of care to a resident is breached that a claim for monetary damages exists.

A nursing home owes an elevated duty of care to the patients and residents it treats, and the healthcare professionals within a nursing home, such as the doctors and nurses, are bound by the legal standard of care.

Typically, the standard of care is described as the same degree of care that another professional of similar background or training would exercise in the same situation.

In the case of a nursing home, a nursing home may be found liable if a staff member fails to exercise their professional duty of care by treating a nursing home patient with the same level of care that another professional would have exercised. The nursing home can be held liable if it fails to implement reasonable practices and protocols, and this failure leads to a nursing home resident’s harm or death. A nursing home can also be held liable when a law or regulation is violated and this violation leads to residents’ harm or death.

What Is Nursing Home Abuse or Neglect?

When a nursing home or its staff members engages in abuse or neglect, the duty of care owed to a resident has been breached.

Nursing home abuse refers to abusive actions that are committed with intent. Abuse falls into four categories:

  • Physical abuse
  • Sexual abuse
  • Emotional and psychological abuse
  • Financial exploitation

Nursing home neglect, on the other hand, does not involve intent. Nursing home neglect is often a result of understaffing, poor nursing home staff training, cost-cutting measures, or an inadequate staff-to-patient ratio. Nursing home neglect may include things like failing to ensure that residents are properly bathed and groomed, failing to regularly move residents who are bedridden to prevent bedsores, failing to assist residents during mealtimes to ensure they get the nutrition and hydration they need, and more.

Negligence, the failure to exercise the required degree of care, in regards to this blog, was the cause of the spread of coronavirus in nursing homes. If a nursing home resident contracted the coronavirus because of nursing home negligence, the nursing home could be held liable.

Wrongful Death Claims From COVID-19 In Nursing Home

Similar to a personal injury claim, a wrongful death claim exists when the wrongful or neglectful act of one party leads to the death of another. In order to bring forth a wrongful death claim against a nursing home, you will need to prove that the nursing home breached the duty of care owed to the nursing home resident by acting wrongfully or negligently and that the breach of the duty of care was the proximate cause of death.

Actions that Could Lead to the Spread of COVID-19 In Nursing Home

There are a handful of actions that could lead to the spread of COVID-19 within a nursing home, some of which breach common sense and best practices; others of which may breach recommendations or even laws set by the state and various agencies, such as the Centers for Disease Control and Prevention (CDC). Examples of these include:

  • Failing to provide staff and residents with masks
  • Failing to properly sanitize patients’ rooms
  • Failing to check the temperatures of staff members before allowing them to treat patients
  • Failing to require infected staff members to remain at home
  • Failing to properly wash hands and change masks between patients
  • Failing to require staff to wear personal protective equipment (PPE) or undergo COVID-19 test to prevent transmission of the virus between staff and patients
  • Failing to train staff on best practices for limiting the spread of the disease
  • Failing to provide adequate care to patients who became infected with COVID-19
  • Failing to quarantine infected patients to prevent the spread of the disease to other residents
  • Failing to maintain proper ventilation within the nursing home

If you think that one of the above actions, or another negligee action not listed, may have been the cause of your loved one contracting the disease, call Claim Your Justice.

Nursing Home Immunity & COVID-19 in Illinois

On May 13, 2020, the state of Illinois issued an order providing immunity for medical facilities, such as nursing homes, from liability for residents’ deaths related to COVID-19. Specifically, the Executive Order found that all healthcare professionals and healthcare facilities are “immune from civil liability for any injury or death relating to the diagnosis, transmission, or treatment of COVID-19….” This does not mean that the surviving loved ones of those who died as a result of a coronavirus-related infection in a nursing home do not have any claim for damages against the nursing home, but it does mean that for as long as the Executive Order stands, claims can only be brought forth if plaintiffs are able to prove gross negligence or willful misconduct. Specifically, the Executive Order states “this section is inapplicable if it is established that such injury or death was caused by gross negligence or willful misconduct of such Hospital or Health Care Professional if 20 ILCS 3305/15 is applicable, or by willful misconduct if 20 ILCS 3305/21 is applicable.

Gross negligence is a lack of care that demonstrates a reckless disregard for the safety of others, which may be so great that it appears to even be a conscious disregard for others’ wellbeing; willful misconduct means that the party knew that it was acting negligently but decided to do so anyway — in other words, there was intent. While it is more difficult to prove gross negligence or/and willful misconduct, it is not impossible, and you should still consult with a Claim Your Justice attorney if you think that you have a case.

Why You Should Consult with a Nursing Home Abuse and Neglect or Wrongful Death Attorney Today

Whenever nursing home abuse or neglect occurs, and whenever the negligence of a party leads to the death of another, it is essential to consult with an attorney. Because of the protection from liability in Illinois, consulting with a lawyer is even more critical than before. Our attorneys will provide you with a free consultation and provide you with their professional assessment and analysis, and then advise you on how to proceed. If our nursing home abuse and neglect attorney thinks that you have a case, we can represent you on a contingency fee basis. This means that there is no fee unless we recover money for the injured person or their family.

Call the Law Office of Claim Your Justice Today

At the law office of Claim Your Justice, our Schaumburg, IL wrongful death and nursing home abuse lawyers understand the pain you’re experiencing after losing your spouse to COVID-19 in a nursing home. When you call our firm, we can review your case at no cost to you and help you to understand your options. Call us today at 847-434-3555 or send us a message online to learn more about how we can help.

Posted on

Personal Injury Questions Answered By Schaumburg Personal Injury Lawyer

Personal Injury Questions

Will a personal injury lawyer talk directly to a client’s physician while their case is pending?

Generally, the attorney will not talk directly to the client’s physicians while the client is undergoing treatment.  I would not want there to be a note in the client’s medical records that an attorney was trying to guide the doctor towards a specific treatment for our client.  However, an attorney can reach out to the physician for clarification in the medical records or to discuss the need for future medical treatment.  

There are conversations sometimes between my law office and the doctor – when preparing the doctor for deposition or a trial.

In regard to treatment, what happens in instances where a doctor is not communicating well with a client?

If we hear this from our clients, we encourage two things. First, we encourage the client to continue discussions with their doctor about their symptoms, how they are feeling and what their complaints are. In an extreme instance – we would suggest the client write a letter/note to the doctor, letting them know specifics. 

For example, their arm, shoulder, or back continues to hurt after surgery or therapy. This way, the letter/note is recorded into the medical record, which may vital to our case.

When it comes to expressing to your doctor how you feel, we stress to be honest about your aches and pains and don’t be brave or worry that you’re complaining to your doctor. Your aches and pains are important and need to be included in the doctor’s medical record.

Should you gather your own evidence after an accident?

If you can, you should start taking photos of the accident scene. However, if vehicles are moved from the road to a parking lot or to the shoulder of the road, you’re going to lose the juxtaposition of the cars. We certainly don’t want the other driver, who may have caused the accident, to now say they weren’t driving in a particular lane; which photos wouldn’t show if vehicles were moved.  Pictures of the damage to your vehicle and the at-fault driver’s vehicle are important to have. 

In slip and fall cases, it’s critical to photograph the area where you fell, so you can show the condition of the exact area where you fell. If you have to be transported to the hospital by an ambulance, encourage a friend or relative you may have been with to take pictures of exactly where the injury happened.  If you cannot take a picture at the time of the slip and fall, make sure to return to the scene as soon as possible to take the pictures.  

I had a call recently from a woman who is a home health care phlebotomist. She went to a client’s house to take a blood test, left the client’s house, and fell. It was later determined her foot was broken. These slip and fall cases are tough to begin with, but I asked her for a picture of where it happened – and she got a picture. There is an old saying that “A picture is worth a thousand words”  I say “pictures say a could be worth tens of thousands of dollars.”

What are a client’s rights when it comes to repairing their vehicle? Can they take it to their preferred repair facility? 

The client has the right to take the car to wherever they want the repairs to be completed. However, different insurance companies have different approved labor rates. If the body shop the client takes their car to has labor rates that are different, which normally would be the case – because the insurance labor rates are negotiated reduced rates, then the client will be exposed to paying the amount of the additional labor rates and sometimes there could be 60 to 70 hours of labor and a client could be on the hook for more than $1,000 out of their own pocket.

When a person is self-employed, how is loss income calculated for them?

It first starts with the doctor’s authorization to not work. In a client’s medical records, there will be notification that advises a client to not work for a set period of time – let’s say two weeks. To compute lost wages, our client would tell us how much they make on an hourly basis or a daily basis and our law firm will have them sign a wage loss authorization. If the insurance company asks for verification – which they frequently do, we can give a copy of our client’s tax returns for the previous business year.

In some cases, an individual may try to “goose up” their actual earnings and say they make $1,000 a day, yet their tax returns show they lost $20,000 in the business last year, obviously we’re not going to be able to verify that component of the accident. However, it doesn’t kill the case, because a client will still have medical bills, injuries, and pain and suffering.

We frequently see this situation with cab drivers or Uber or Lyft drivers. Due to COVID, a self-employed driver is not going to be able to prove their lost wages in 2020, when people weren’t taking Ubers and getting out as much because of COVID, but we can review their 2019 tax returns, or we can compare it to other Uber drivers for reference.

Can a landlord be held responsible for a dog bite on the property of their apartment complex?

It’s rare for a landlord to be held liable. Generally, a landlord is not in charge of maintaining other people’s property, and a dog is someone else’s property. An example of an instance where a landlord might be liable is if the landlord has a no dog policy and has given warnings to the tenant who owns the dog and the dog bites somebody – maybe you could connect and hook in the landlord to the case.

Another instance where the landlord may be held liable is if they ask the tenant with a dog to have the dog work as security on the property. In this instance, the landlord uses the dog for their own purposes, and we may be able to connect the landlord to the injury.

Contact Our Personal Injury Attorneys Now

If you have more personal injury questions or wonder whether or not you have a case, call our Schaumburg personal injury attorneys today at 847-434-3555.

Posted on

What Kind Of Cases Do Personal Injury Lawyers Handle?

Personal Injury Attorney

What Kind Of Cases Do Personal Injury Lawyers Handle?

Suffering an injury can be a traumatic experience, especially if the injury is serious and leaves you temporarily or permanently disabled. Something that can be even more disheartening is knowing your injuries would not have been suffered but for the negligence of another party. If this feels familiar to you, you probably have a personal injury claim. The following information will review the basics of personal injury cases, what constitutes a personal injury claim, what types of cases personal injury lawyers handle, and offer the answers to some of the most frequently asked questions that we hear from our clients about personal injury claims. If you have any additional questions, want more information, or are ready to schedule your free consultation with our personal injury law firm, please call us today or send us a message directly.

Types of Personal Injury Claims

At the firm of Claim Your Justice, our personal injury attorneys are prepared to work on even the most complex personal injury case types. Our practice areas include, but are not limited to:

  • Motor vehicle accidents.If you’ve been in a car crash, you can make a claim for personal injuries. We work on motor vehicle crashes, multi-vehicle collisions, bus accidents, large truck accidents, and more.
  • Bicycle, pedestrian, and motorcycle accidents. In addition to working on accidents that involve two or more motor vehicles, we also work on accident claims where a bicyclist, pedestrian, or motorcyclist is a victim. These cases often involve very serious injuries and significant damages.
  • Premises liability accidents. When someone is injured on the property of another because of a property owner’s failure to properly maintain the property or remedy a hazard on the property, the property owner can be held liable for damages. Slip and falls, construction accidents, swimming pool accidents, and more are common types of premises liability claim types.
  • Negligent security accidents Another type of premises liability case is a negligent security case. In a negligent security claim, the owner of a property can be held liable if their failure to provide an appropriate amount of security led to a crime that resulted in injuries.
  • Product liability claims. When a consumer buys a product, they expect that product to be safe for use. If the product has a manufacturing, design, or labeling defect, though, it could cause the consumer harm. When this happens, the manufacturer–or another responsible party along the distribution chain–could be held liable.
  • Defective pharmaceuticals. Like using various consumer products, taking an over-the-counter or prescription drug is a choice a person makes because they believe it will serve them well; we never expect legal drugs to cause a significant amount of harm. If a drug is defective and a person suffers adverse effects as a result, the drug manufacturer could be held liable.
  • Nursing home abuse and medical malpractice. Doctors and nursing home professionals have a duty to treat their patients with a high level of care; when this level of care is breached, the harm to patients can be tragic. When a breach of the duty of care occurs, doctors, hospitals, or nursing homes can be held liable.
  • Wrongful death claims. Finally, another type of personal injury claim is a wrongful death claim. When the wrongful act or neglect of one party leads to the death of another, a wrongful death claim for damages can be pursued by the surviving family members.

Elements of a Personal Injury Case

In order for a personal injury claim to be successful, the injured person must be able to prove four elements. Note that the burden of proof is on the injured person; the defendant isn’t responsible for disproving things. The elements of a personal injury claim are:

  • Duty of care. The first element to establish is that a duty of care existed between the defendant and the injured person. In most cases, this is implied, although in some cases, such as premises liability claims, it must be established.
  • Breach of duty of care. The second thing to prove is that the duty of care owed to the injured person was breached by the defendant. Usually, the breach is a result of negligence – the failure to exercise a reasonable degree of care for the situation. However, some personal injury claims, such as defective product claims, are based on strict liability.
  • Causation. Third, an injured person must prove that their injuries would not have occurred but for the defendant’s breach of the duty of care.
  • Damages. Finally, the injured person will need to prove that they suffered actual damages as a result of the accident. In a personal injury claim, both economic and non-economic damages are recoverable. Types of recoverable damages include compensation for medical bills and future medical expenses related to the injury, lost wages, and lost earning capacity, property damage costs, pain, suffering, and emotional distress.

Frequently Asked Questions About Personal Injury Claims

As personal injury lawyers in Schaumburg, IL, we get a lot of questions about the personal injury claims process, what constitutes a personal injury claim, how our lawyers charge, and more. Here are a few answers to some of the most frequently asked questions we receive.

What Qualifies as a Personal Injury Case?  

Unfortunately, you can’t bring forth a personal injury claim just because you got injured; instead, you’ll need to prove that another party was responsible for your injuries, and you’ll need to satisfy the four elements of a personal injury claim listed above. If you’re not sure whether or not you have a personal injury claim, it’s smart to set up a free consultation with one of our attorneys to discuss your options.

What Are the Three Types of Injury?

There are myriad types of injuries that a person may suffer that may result from an accident caused by the negligence of another. Rather than thinking about the three types of injury, it makes more sense to think about the three categories of damages, which are:

  • Economic damages. Economic damages are damages for the actual monetary losses associated with an accident or injury, such as the costs of repairing a vehicle after a crash, or the costs of healthcare and medical bills, or the costs of lost wages if injuries render a person disabled and unable to return to work.
  • Noneconomic damages. Noneconomic damages are damages for intangible losses, such as the value of a person’s diminished quality of life, physical pain, and suffering, emotional distress, psychological injury, damage to relationships, etc.
  • Punitive damages. Punitive damages are less common in personal injury claims, but they are awarded in some instances. Punitive damages are used to punish a wrongdoer for the egregious action they took that led to the victim’s harm; they are not intended to compensate the victim. Punitive damages are capped at three times the amount of economic damages awarded to a plaintiff, and are only available if the plaintiff can prove that the defendant’s actions were “with evil motive or with a reckless and outrageous indifference to a highly unreasonable risk of harm…”

What Is Included in a Bodily Injury Claim?

A bodily injury claim is exactly what it sounds like: a claim for damages to a person’s body. This terminology is most commonly used in car accident claims and refers to damages for injuries sustained to the victim.

Does Personal Injury Include Emotional Distress?

Yes! As stated above, a person can seek both economic and non-economic damages, including damages for emotional distress, in a personal injury claim.

How Can I Prove My Pain and Suffering?

Proving pain, suffering, emotional distress, and other non-economic losses can be more difficult than proving economic losses but this how Claim Your Justice attorneys help. The best way to prove that you have suffered these types of losses is to gather evidence to support your claim, such as testimony from your friends and family, a personal journal, medical evidence, and expert testimony from doctors and mental health professionals. When you choose Claim Your Justice, we can help you to find experts, and also advance the costs of hiring those experts to work on your claim.

What Percentage Do Personal Injury Attorneys Get? 

One common question we hear is about to how much our lawyers get paid. First, it’s important to know we work on a 100 percent contingency fee basis, which means that there will never be any upfront or hourly costs associated with our law firm. A contingent fee means that our fee is contingent on us winning for you; if you do not win, we don’t get paid. If your case is successful, our fee is based on a percentage of your winnings. How much of a percentage varies. For example, if your case goes to litigation, then the percentage could increase. In any case, the most important thing to know about hiring our law firm is that you won’t have to pay if you don’t win, and you won’t have to pay out of pocket.

Call Our Schaumberg, IL Personal Injury Lawyers Today

If you’ve been involved in an accident and have suffered a personal injury, our Schaumberg, IL personal injury lawyers want to help you. For a free consultation with our law firm, please call us directly today. We are here to serve you.

Posted on

How Do I Get Compensation For Nursing Home Neglect?

Nursing Home Neglect

Learning an elderly loved one has been neglected at a nursing home, leading to harm, is a terrible and depressing feeling; we all want to believe our loved ones are receiving the care that they both need and deserve.

Unfortunately, though, both nursing home neglect and abuse permeate the system and, sometimes, nursing home residents suffer physical or psychological harm, including early death, as a result.

If you believe nursing home neglect has led to a loved one’s harm, you should schedule a free consultation with a Claim Your Justice nursing home abuse attorney who can advise you about what steps to take and how to get maximum compensation. Here’s an overview of what you need to know about nursing home neglect cases and your right to seek damages.

What Constitutes Nursing Home Neglect?  

Nursing home abuse and nursing home neglect are two terms that are often used interchangeably, but they are not the same thing. Nursing home abuse usually refers to active instead of passive acts that involve intent, such as physically abusing a nursing home resident, sexually abusing a resident, financially exploiting a resident, or emotionally/psychologically abusing a resident.

Neglect, on the other hand, often does not involve intent and is more passive; neglect may be the result of poor nursing home staff training, understaffing and a poor staff-to-patient ratio, etc. Examples of neglect include:

  • Failing to properly assist and monitor nursing home residents during mealtime, resulting in dehydration or malnutrition
  • Failing to properly bathe, wash, or assist in grooming a nursing home resident
  • Failing to administer the proper medication or administer medication when needed/prescribed
  • Failing to move a bedridden nursing home resident, resulting in bedsores
  • Failing to respond to a nursing home resident’s request for help in moving, such as getting out of bed to use the bathroom, resulting in injuries like bedrail injuries, slip and falls, etc.

The above list is not inclusive, there are numerous injury types that can occur when a nursing home resident doesn’t receive the level of care that they deserve.

Is Nursing Home Neglect Illegal?

There are some actions that may be taken by nursing home staff that are certainly against the law. For example, sexually assaulting a nursing home resident is heinous and should be punished in the criminal system. In most cases, though, nursing home neglect will not result in any criminal liability. That does not mean, however, that it won’t result in civil liability.

While nursing home neglect may not be a crime, it is a breach of the standard of care owed to residents. Nursing homes are professional medical facilities staffed by medical professionals and other professionals and, as such, a medical or/and professional standard of care is owed to the residents/patients.

The medical or professional standard of care is the same degree of care that another medical person/ professional of similar background and training would demonstrate in the same situation. Nursing home residents (and their family members) have a reasonable expectation that the residents will not be neglected; when this expectation and duty of care is breached and harm results, the nursing home can be held liable for significant damages.

What to Do If You Suspect Nursing Home Neglect

If you suspect nursing home neglect, taking action sooner rather than later is strongly recommended and can help you to protect your elderly loved one and others within the nursing home.

  • Call the police. If you think that abuse or neglect is occurring that is putting residents at threat of imminent bodily injury, do not hesitate to call the police.
  • Collect evidence. If you think that nursing home neglect is occurring, you should try to collect evidence of the neglect – this will be important when you file a complaint or file a claim for damages. Photographs that indicate neglect (i.e. pictures of bedsores), medical records of your loved one, and more are all types of evidence that may be valuable.
  • Give notice to the nursing home. It’s always a good idea to have a conversation with the nursing home manager about your concerns before taking drastic action (unless, as mentioned, you believe imminent harm is a risk). Provide a nursing home manager with an overview of your concerns (in writing). In some cases, bringing awareness to the issue may be all the correction that’s needed.
  • File a complaint with the Illinois Department of Public Health. If the issue of neglect isn’t remedied immediately or if you believe that your loved one has suffered harm as a result of the neglect, you should file a complaint with the Illinois Department of Public Health (IDPH). The IDPH will investigate the complaint and work to protect residents’ rights. You can file a complaint by phone or mail.
  • Talk to an attorney. Finally, do not hesitate to consult with a Claim Your Justice attorney if you believe that neglect is occurring and a loved one is being harmed. An attorney can advise you of your rights and help you to build your case.

Filing a Nursing Home Neglect Case

If you believe that nursing home neglect is occurring, you have the right to bring a claim or a civil action for damages. In order to win your case, you’ll need to prove that the nursing home breached the duty of care owed to the nursing home resident and that the breach of the duty of care resulted in actual harm/damages.

If you can prove this, you can recover compensation for the value of medical expenses incurred, pain and suffering damages, funeral and burial expenses (if the nursing home neglect resulted in death), and any other economic or noneconomic damages suffered. It is strongly recommended that you consult with a Claim Your Justice attorney who can guide you through the process of filing your claim.

Frequently Asked Questions About Nursing Home Neglect

Claim Your Justice attorneys know that you have multiple questions about nursing home neglect, the claims process, your rights, and what steps to take when you suspect that neglect is occurring. Consider the answers to some of the most frequently asked questions we hear, and reach out to our lawyers directly for more information about your rights.

  1. How long do you have to file a lawsuit against a nursing home?

In general, you have two years from the date of the nursing home neglect to file a lawsuit against the nursing home. If you wait longer than two years, you can be barred from recovery. Note that this does not mean that you should wait up to two years; instead, it’s best to start the claims process as early as possible and, only if a settlement cannot be reached, file a lawsuit before the two-year limit is reached.

  1. What is the statute of limitations for nursing home abuse?

The statute of limitations is the legal time limit on how much time can pass between when the nursing home abuse occurs and when you file a lawsuit. As noted above, the statute of limitations in most nursing home abuse or neglect cases is two years. Note that the two-year statute applies to both personal injury cases and wrongful death cases involving nursing home abuse/neglect.

  1. How do you prove nursing home neglect?

In order to recover compensation for nursing home neglect, you’ll need to prove that the nursing home owed a duty of care to the resident (implied), that the nursing home breached this duty of care, that the breach of the duty of care was the proximate cause of injuries, and that actual damages, either economic or noneconomic or both, were suffered. In order to prove these four elements, you’ll need compelling evidence.

Photographs, video footage (if it exists), the nursing home resident’s medical records, any complaints filed against the nursing home, and experts’ testimonies can all be useful in proving neglect. At the firm of Claim Your Justice, our lawyers can help you to understand the type of evidence that is most useful in a nursing home neglect claim, as well as how to win your case.

  1. What is passive neglect?

Passive neglect is nursing home neglect that doesn’t involve any intent; in fact, passive neglect is often the result of inaction rather than an intentional action. For example, if a nursing home is poorly staffed and there are not enough medical professionals, staff members, and nurses to ensure that all patients are receiving a high level of care, a nursing home resident may get neglected, resulting in malnutrition, bedsores, a slip and fall accident, etc.

While passive neglect may not be intentional or the fault of one specific nursing home staff member, it is still unacceptable and is a breach of the duty of care owed to a resident.

Call Our Nursing Home Neglect Attorneys Today

If you believe that nursing home neglect is occurring or if your elderly loved one has been harmed by nursing home neglect, call our Schaumberg, IL nursing home neglect attorneys directly today. We offer free consultations and there is no fee unless we win.

 

Posted on

Are Slip and Fall Cases Hard to Win?

Slip and Fall

Slip and fall accidents are common, especially in inclement weather. Everyone can recall a time that they slipped on a slick surface, tripped, or perhaps even fell. Fortunately, most of the slip and fall accidents are relatively minor, and those involved don’t suffer from serious injuries.

In many cases, however, slip and fall accidents can be serious – a victim falls on an especially hard surface or at a dangerous angle, or perhaps falls from a great height or lands on something and is injured.

These accidents are sometimes the fault of dangerous conditions. At Claim Your Justice, our experienced slip and fall attorneys in Schaumburg, IL can help you if you’ve been injured because of a slip and fall accident. To learn more about how we can serve you, call our law firm directly today or send us a message at your convenience.

Property Owner’s Duty of Care and Slip and Fall Accidents

When a slip and fall occurs and someone else is to blame, the victim has the right to bring a personal injury claim for damages. Typically, this claim is brought against the property owner where the accident occurred. However, merely slipping and falling on someone’s property doesn’t mean that the property owner will be liable; instead, a slip and fall victim will need to prove that the property owner breached the duty of care owed to the person.

The duty of care of a property owner is to maintain a property in a safe condition and to correct any known hazards within a reasonable amount of time. If this duty is breached and someone is injured as a result, the property owner can be held liable for their damages (assuming that the victim was on the property lawfully).

Common causes of slip and falls that are the result of a property owner’s failure to maintain a property in a reasonably safe condition include:

  • Broken stairs
  • Broken elevators and escalators
  • Debris in walkways
  • Lack of handrails or defective handrails
  • Falling objects
  • Spills of food, drink, or other substances
  • Torn carpet
  • Depressions or holes in walking areas
  • Many others

What Does a “Reasonable” Amount of Time Mean?

Property owners aren’t expected to be in a position where hazards never exist on the property; after all, spills and other types of accidents and damages happen. But they are expected to repair any known hazards (or hazards that should have been known) within a reasonable amount of time.

What is “reasonable” can vary from situation to situation. For example, if an elevator is broken, it’s probably reasonable for a property owner to put up a sign warning of the hazard of using the elevator nearly immediately upon learning of the problem, but it may be a few days before a property owner is able to get a repair person to come out. On the other hand, if there is a spill in the grocery store, there’s no reason that it shouldn’t be corrected immediately upon a staff member or manager being given notice.

Different Duties Owed to Different People

Another thing to think about in slip and fall (and general premises liability) claims is the duty of care that’s owed to a person on the property. As mentioned above, a property owner owes a duty to those who are on the property to maintain the property in a reasonably safe condition; however, this duty only extends to those who own the property lawfully as invitees or licensees.

The only duty that a property owner owes to a trespasser is to refrain from causing the trespasser willful or wanton harm. This law is found in the Illinois Compiled Statutes Section 740 ILCS 130.

Frequently Asked Questions About Slip and Fall Claims 

We know that when you or a loved one has been harmed in a slip and fall accident, you want answers to the questions that you have about your rights and what to do. Consider some of the following answers to many of the frequently asked questions that we receive from clients, and feel free to reach out to us directly to schedule a free consultation if you are ready to learn more. 

  1. How do You Prove Negligence in a Slip and Fall?

To win a slip and fall claim against a property owner, you’ll need to prove the following:

  • A hazardous condition existed on a property
  • The hazardous condition was the proximate cause of your injuries (i.e. you slipped on unremoved ice, resulting in a tailbone fracture)
  • The property owner knew or should have known of the condition
  • The property owner failed to remedy the condition in a reasonable amount of time or post any notice or warning about the condition

To prove this, you’ll need to collect evidence that shows that the condition existed for a certain amount of time and the property owner knew of the condition. Maintenance request forms, complaint forms, and even statements from eyewitnesses may help you to prove this.

This is usually the most difficult element of a slip and fall claim – our lawyers will open an investigation on your behalf and be responsible for collecting all the evidence you need.

  1. Who is Responsible for a Slip and Fall Accident?

So far we have focused on the role of a property owner in a slip and fall claim, a property owner is not the only part who might be to blame. Other parties who may be responsible include.

  • The victim themselves. If the victim’s own negligence or clumsiness caused the slip and fall, then there is no one to blame but themselves. Sometimes, the victim may be partially to blame. For example, consider a slip and fall case in which the victim slips on ice. Surely, the accident would not have happened had the property owner removed the ice. Similarly, though, the property owner argues that the fall would not have happened had the victim not been wearing heels instead of boots or running when they should have been walking. If fault is shared, then a victim’s damages may be diminished in proportion to their degree of fault.
  • A product manufacturer. Some slip and fall accidents are the result of defective products. For example, consider an incident in which a shelf collapses in a grocery store, resulting in spilled produce that leads to guests falling. Had the shelf not been defectively manufactured or designed, perhaps the spill – and the subsequent injuries – would not have happened.
  • Another third party. Some slip and falls are the result of the actions of other third parties, such as a rowdy Black Friday shopper who pushes over another to rush the store. Again, our lawyers can investigate your case to determine who’s to blame.

  1. How Much Time do you Have to Sue After a Slip and Fall?

The statute of limitations in Illinois is two years and in Wisconsin, it is three years. This means that you have two years in Illinois and three years in Wisconsin from the date of your slip and fall to file a lawsuit for damages. However, while you have time to file a lawsuit, you should certainly initiate the claims process earlier than that. Not only do you want to make sure that any evidence relevant to your claim is preserved, but you also want to begin the claims process and settlement negotiations processes early so you have as much time as possible to reach a settlement before being forced to file a lawsuit to not breach the statute of limitations.

  1. How are Slip and Fall Settlements Calculated?

If you have been injured in a slip and fall accident and you can prove that someone else was to blame for the accident, then you can seek compensation for the full value of your damages. This includes compensation for your economic costs, such as medical expenses and lost wages; non-economic costs, such as pain and suffering damages and diminished quality of life; and even punitive damages if the slip and fall was the result of the reckless and outrageous actions of the defendant.

Punitive damages are possible in certain cases. Economic damages are calculated based on their actual value – i.e. if you suffer $100,000 in medical bills, you can seek $100,000 in compensation for your medical bills. Noneconomic damages are calculated based on the degree of your injuries, the amount of suffering you’re likely to experience, for how long the suffering is expected to continue, and other factors.

  1. What is a Typical Pain and Suffering Settlement?

The amount of damages a person will recover in a pain and suffering settlement varies dramatically from case-to-case. You should consult with an attorney who can give you a more accurate idea of how much you can expect after the attorney has thoroughly reviewed your case.

Call Our Schaumburg, IL and Milwaukee, WI Slip and Fall Lawyers Today

If you have been in a slip and fall accident in Schaumburg, IL, don’t hesitate to reach out to our experienced law firm today for your free consultation.

Posted on

Questions About Personal Injury Suffered in Sports, Vacations & More

Personal Injury

What type of personal injury accidents can happen on cruise ships?

You can get food poisoning, get exposed to your current environment, or exposed to COVID-19. An individual may also be overserved alcohol and wind up going over the side of the ship. Many people on vacation sign up for an adventure – whether it’s zip-lining or some type of tour at your destination or your port of call, and you suffer a serious injury or wrongful death.

When it comes to food poisoning, the cruise line doesn’t want you sick on the ship. They will either quarantine the passenger within their on-board hospital or if the ship is approaching a port of call, they will have the passenger seen at that upcoming port of call.

If it’s severe food poisoning, it may result in having a helicopter come and airlift the passenger off the ship. The fear for the cruise line is, if someone has food poisoning – there may be more passengers who would get the same type of food poisoning. It could lead to an outbreak. 

Also, food poisoning may not be the correct diagnosis. It could be some type of virus the person was exposed to and their symptoms are presenting as food poisoning when it’s really something worse.  Contact the attorneys at Claim Your Justice for a free evaluation  of your case/ 

When you sustain a personal injury on vacation, when is the correct time to reach out to a personal injury attorney?

If it’s food poisoning, where you’re going to be confined to your bed, and symptoms are going to resolve themselves in one or two days – that’s not necessarily a compensable injury. However, you could certainly reach out to an attorney. If there are many other guests who also have food poisoning, then that type of action would be covered by a possible class-action claim.

No matter what kind of personal injury you sustain, it’s important to document the medical care you receive and the names of the professionals providing you the treatment. If you feel ill while on a cruise ship – report it and document the official you talk to, the date and time.

As much as we’d like to believe business operators are great at keeping track of reported injuries, my experience has shown me they are not.   The attorneys at Claim Your Justice have experience handling claims in Mexico and on cruise lines.  

If someone experiences a personal injury while playing sports, how important is the waiver they’ve signed to play?

It starts with the terms contained in the waiver and how it relates to injuries sustained if injured while playing. If a player is sliding head-first into second base and injures his shoulder, a waiver would likely preclude that person from making a claim unless the field negligently maintained.

On the other hand, if it’s the recklessness of a person that you’re playing against, then I think you can preserve a claim that may not be precluded by the waiver.  For example,  the person who was being too aggressive can’t receive the benefit of the waiver, which was signed between the team and the players and the city. Your course of action would be to go after the player who was the cause of your injury and not the city.

When an individual is dealing with an insurance company, and an insurance company adjuster wants to speak to them, what should they do?

People should not speak to an insurance company adjuster. In my experience, I don’t find any benefit for the client. When an adjuster calls, it may be as soon as one (1) day after an accident and they will ask you, “How are you feeling?” and a person might say, “I don’t feel too bad.” 

However, as we know, several days after an accident is when you may feel your worst, but the adjuster doesn’t have you saying that on a recording. Instead, they have a recording of you saying, “I don’t feel too bad,” and the insurance company will try and use that against you and question why you have $17,000 in medical bills and treatments

Tell the adjuster you don’t want to do a recording and instead, ask them to send their questions in writing. Tell them you’ll move forward by filling out a form. By putting it in writing and eliminating a recording benefits the injured party – as opposed to benefiting an insurance company.

Also, keep in mind, you should never settle a case or sign papers soon after your accident.  You can also tell the adjuster to contact your attorney at Claim Your Justice.

Is it important to save all medical documents during your course of treatment?

You can certainly save your medical documents for your records.  However, the staff at Claim Your Justice will request a complete set of your medical records. What’s more important is documenting the names and addresses of doctors you see because we want to make sure the Claim Your Justice file is complete.

What is a defense medical assessment and when does it come into play?

A common insurance company strategy is to argue the treatment a client received was excessive and the medical bills are not reasonable.  Because of that, the insurance company may argue it shouldn’t have to pay the full amount of the bills. Instead, the insurance company will try and negotiate a reduction on the amount claimed.  

The insurance company will send out the medical bills for review. Unfortunately, the review is being paid for by the insurance company and those reviews regularly come back in favor of the insurance company.

We see it often with MRI billing and studies – when a doctor was trying to get a better analysis of a person’s injuries. More often than not, the insurance company argues that the test was unnecessary or over-charged. In the case of an MRI, let’s say it costs $1,200. However, the insurance company’s assessment says it should have cost $600. 

As an attorney, I always ask the insurance company to tell me where my client can go for a $600 MRI because I’m unaware of anywhere to send my client for that price.  The attorneys at Claim Your Justice fight to collect the maximum amount for your medical bills and pain and suffering.

If I’ve been in a car accident and I make a claim, will my car insurance premiums increase?

It depends. A lot of times I hear auto insurance commercial, say, “If you’ve been with us for several years, we won’t increase it for one accident.” I’m skeptical when I hear that, especially when a client is struck by someone with no insurance and there is a loss of $200,000 and the insurance company must pay out – the insurance‘s assurance may not hold for those large claims. For smaller claims, my guess is they would hold for those smaller claims.

Contact Our Schaumburg Car Accident Lawyers

For answers to other legal questions you may have, check the Claim Your Justice FAQ page or if you think you may have a case, call us at 847-434-3555.

Posted on

Should I Get A Lawyer For A Car Accident?

Illinois Car Accident

Driving a car or being a passenger within a car is a daily experience for most people. Yet as common as driving is, car accidents are a leading cause of injury and death in Illinois, Wisconsin, and throughout the Country. If you have been in a car accident, you may be wondering whether you need an attorney. At Claim Your Justice, we are happy to review your case free of charge and provide you with a recommendation on the value of your case.

As you read the following, keep in mind that our lawyers are available to serve you and that even in minor car accidents, at least consulting with a lawyer is usually in your best interests.

Factors That Increase the Complexity of a Car Accident Claim

Whether or not you need an attorney to represent you during your car accident claim depends on whether you want to maximize your recovery. Working with an attorney in a serious crash can improve the outcome of your case. Consider the following factors and call Claim Your Justice with any questions you might have.

  • Fault is disputed. When fault is cut and dry in a car accident claim and all parties agree about who should be held responsible, recovering a settlement will be a lot easier. On the other hand, if fault is disputed, then your claim may be denied, or you might be offered less than you deserve. What’s more, if a thorough investigation hasn’t been conducted, then you may simply not know who is at fault and against whom you should file a claim. Until you know who is at fault, and have evidence to prove it, you’ll have difficulty recovering the settlement you deserve.
  • A claim is low-balled. Even if all parties involved recognize the fault of the other, that doesn’t necessarily mean that you’ll receive a settlement offer that fairly compensates you. In fact, one of the jobs of an insurance adjuster is to save an insurance company money. This means that the insurance adjuster may offer you a low-balled settlement offer. If this happens to you, know that you have rights, including the right to reject the settlement offer and negotiate for something that’s fair, as well as the right to contact an attorney for representation.
  • Injuries are severe. You will want someone on your side who can aggressively represent your interests. When injuries are serious and you’re suffering losses, medical expenses, lost wages, property damage costs, and pain, suffering, and emotional distress, recovering a settlement that’s fair will have a huge impact on your future. Don’t risk it when so much is on the line – call Claim Your Justice and get an attorney who will fight for you.
  • The other party doesn’t have insurance. If the party who caused your accident doesn’t have insurance, you may be panicked about what you’ll do and how you’ll recover compensation for your injuries. While this certainly does complicate things, there are options available. Working with an attorney from Claim Your Justice can help by identifying other avenues for recovery and even do things like work with the hospital to have a portion of your medical bills forgiven.

How a Car Accident Attorney Can Help – The Role of a Lawyer in a Car Accident Claim

When thinking about whether you should hire an attorney, it’s important to know what an attorney does. The following outlines some of the basic jobs of a car accident attorney when representing a client after a crash.

  • Investigating the accident. One of the most important roles of a car accident lawyer is that of investigating an accident. Your attorney will possibly travel to the scene of the crash, talk to eyewitnesses, get a copy of the police report, request access to vehicle electronic control module data, and hire accident reconstruction experts in order to determine exactly how the crash occurred.
  • Gathering evidence. Throughout the accident investigation phase, your attorney will also gather evidence to support your claim, including eyewitnesses’ testimonies, experts’ opinions, photos of the accident scene and vehicle, and more.
  • Determining fault and liability. After an investigation has been completed and evidence has been gathered, your attorney will analyze the evidence and make a determination about whose fault caused the crash and therefore who should be held liable for any damages that have resulted.
  • Issuing a demand letter. As part of the process, your attorney will also calculate the value of your damages, both economic and non-economic. After liability has been determined, your attorney will issue a demand letter to the responsible party requesting compensation for the full value of your damages.
  • Reviewing a settlement. Once a demand letter is issued, the insurance adjuster will likely make a counteroffer in the form of a settlement. Do not accept the first settlement offer! Your attorney will review the settlement and determine if it is fair.
  • Negotiating a settlement. If a settlement offer is too low, your attorney will enter settlement negotiations on your behalf. This process can take weeks or months.
  • Preparing a case for court. Finally, if a settlement is reached, then the case will be concluded; if an out-of-court settlement cannot be reached, then you will need to file a lawsuit if you want to continue to pursue a greater damages award. An attorney can prepare your case for court and represent you during litigation.

Frequently Asked Questions a Lawyer at Claim Your Justice Can Answer

Our lawyers receive many questions about the car accident claims process and the role of an attorney. Consider the following answers to some of the most frequently asked questions we hear.

1. How much should you get for pain and suffering in a car accident?

Pain and suffering damages are damages for the physical and emotional distress caused by an injury and are a form of non-economic damages. Pain and suffering damages are not capped in Illinois, which means that you can seek maximum compensation for your pain and suffering. How much you will recover for pain and suffering damages depends on the extent of your injuries and for how long you are expected to experience pain and suffering.

2. How can I prove my pain and suffering?

There are multiple types of evidence that can be used to establish pain and suffering. In addition to photographs of your injuries, a personal journal detailing how you have been impacted, testimony from friends and family who can speak to your life before and after the accident, and current medical documents, the testimonies of experts can be especially valuable.

For example, medical professionals may be called upon who can offer an opinion about your injuries and for how long your injuries are expected to last and how they may impact you into the future, as can psychological/mental health professionals.

3. How much is pain and suffering worth?

How much pain and suffering are worth varies on a case-by-case basis. If a person is totally disabled by their injuries and will never be able to regain the same level of mobility or quality of life they had before the accident, their noneconomic damages will likely be valued higher than someone who is only partially disabled temporarily and whose injuries are expected to heal in full.

4. How is pain and suffering calculated in an accident?

There are different methods for calculating pain and suffering. Using the per diem method, a monetary value is assigned per day, and then that number is multiplied by the number of days for which the individual is expected to experience pain and suffering. There is also the multiplier method, which involves assigning a number 1-5, and then multiplying that number by the economic damages suffered.

A higher number on the 1-5 scale is based on the nature of the injuries, disfigurement, and disability, psychological trauma, for how long injuries are expected to last, and more. At Claim Your Justice we use the method that will maximize your recovery.

5. How long do you have to accept a settlement offer?

Just because a settlement offer is made does not mean you have to accept the offer – you can reject it and ask for a better offer, which may go on for months in some cases. With that in mind, note that you only have two years in Illinois and three years in Wisconsin from the date of your accident to file a lawsuit.

Call Claim Your Justice Car Accident Attorneys Today

If you have more questions about working with a Schaumburg, IL car accident attorney after a car crash, please feel free to call our office directly for a free consultation. We are available to start working on your case immediately.

Posted on

Personal Injury In Illinois – 13 Best Questions People Ask

Personal Injury In Illinois

What are the different ways an individual can suffer a personal injury in Illinois?

When talking about personal injury in Ilinois usually there are a variety of circumstances where a person would be injured – such as a car accident. Most people understand they can make a claim from a car accident. However, even car accidents vary significantly.

With the decades of experience we have in our firm, we’re able to help identify whether clients have a claim that is protected and if the law will allow them compensation for their injuries. That’s what we do. Those are the cases where we have the bulk of our client base. 

However, injuries on the unusual side are when people are not sure if they have rights, which can be protected by our firm. For instance, we have a case where a woman was visiting an amusement park, she stepped out of a bumper car and the floor surface of the bumper car ride was wet, causing her to fall. She was seriously injured and required surgery on her leg.

Most people may think things like this just happen, and there’s nothing they can do about it. However, it’s an attorney’s job to determine if someone has a protectable claim and if they can recover compensation for their serious injuries. In cases where someone may not be sure whether they’re entitled to compensation, we encourage those people to reach out to an attorney.

Do you have to suffer only a physical injury to make a claim, or can it also be an emotional injury?

Psychological injuries are certainly compensable as a personal injury in Illinois. We currently have a case where our client, due to the seriousness of the impact from their accident, suffered symptoms consistent with post-traumatic stress disorder, otherwise known as PTSD.

Within a week of the accident, our client went for psychological treatment and was in treatment for more than 1 ½ years. Our client was diagnosed by a psychiatrist and confirmed by a neuropsychological evaluation that they suffered from PTSD. Our client was entitled to a large settlement at the conclusion of their case.

Many times, a client will say they’re emotionally or psychologically injured from their personal injury, but they don’t seek treatment for those psychological injuries or emotional injuries. If there is treatment and diagnosis of psychological traumas after an injury, they are certainly compensable.

I recommend physically or psychologically injured clients go for treatment for their personal injury in Illinois. Even if there’s not a responsible party for your injuries – I think all of us are entitled to medical care for our injuries. 

For example, let’s say we receive a call from a prospective client who was rear-ended at a stoplight, which is a very normal car accident case. However, the accident happened a year ago and the client never went for treatment because they were too busy with work or thought they were not severely injured.

Now a year has gone by and they are finally seeking treatment. Those types of cases are difficult to recover compensation for personal injury clients.

I always put a case in the perspective of a jury. If I take a case to a jury trial, you must remember jurors are regular people just like the client and myself. Most jurors would think that if someone was injured, they would not delay treatment for a year from the date of an accident.

For these reasons, we recommend clients seek medical advice to determine if medical treatment will be necessary and for self-care.

Is emotional distress considered as pain and suffering for a personal injury in Illinois?

It’s two separate categories. Treatment a person receives for their psychological injuries is recoverable as compensatory damages for their medical expenses. However, pain and suffering is evaluated separately from that as to how long a person suffered from a psychological injury – and it’s no different with a physical injury.

You’re going to receive compensable injury, compensatory damages for your medical bills, and then pain and suffering – depending on the nature of the injury. One would be bills incurred in treating an injury, and the second would be pain and suffering and the loss of normal life, which occurred because of the injury – whether it’s physical or psychological.

In cases where insurance companies may be involved, why would someone want to use a personal injury attorney, as opposed to having insurance companies work for you?

We recommend that using an attorney is the best course of action because the attorney has experience in handling similar types of cases and can understand what the true value of a particular injury is.

On the other hand, when an individual is trying to negotiate a case against an insurance company, we don’t feel an individual is equipped with the experience, knowledge, and training to know the true value of a personal injury in Illinois.

The type of negotiation between an insurance company and an unrepresented injured party would not match the level of compensation that could be achieved with an attorney who has the experience that our personal injury firm is able to achieve for the client.

After suffering a personal injury in Illinois, when should someone contact an attorney?

After any type of personal injury in Illinois, contact our office at 847-434-3555 and ask to speak to an attorney. Explain the facts of the case and let the attorney make the determination of how they can help. It’s best to get an attorney’s evaluation of your case.

As a personal injury attorney, what’s your role in representing your clients?

My role is to make sure the client gets the representation they need – from the beginning of their case to the end of their case. A lot of times we’re able to answer questions for clients and help guide them through the course of their claim. Whether it’s through settlement or trial, we’re able to discuss whether the client is entitled to any type of lost wage claim and reimbursement for lost wages.

There are also questions about which type of insurances are available to review. Some cases may have three or four different insurance policies applicable to review. You could have a case where the responsible party has low limits of liability coverage and we must explore whether there are other limits to attack to maximize recovery for our client.

What happens in situations where the other party doesn’t have insurance, or there’s just no way the other party is going to have enough money to pay compensation?

Many years ago, I had a case where a client’s leg was amputated because of a car accident. the responsible party who caused this woman’s leg to be amputated had only $50,000 of coverage available. From an uninsured motorist perspective, our client did not have any additional insurance to cover this case.

It’s essential that those types of evaluations are made. Unfortunately, sometimes there’s not enough insurance available and there is always a maximum.

Many motorists only want to drive their vehicles for the least amount of insurance coverage as possible, which I certainly understand because most motorists will not have to come to the sad conclusion that they don’t have enough extra insurance to cover injuries.

However, in rare instances where that happens, that leaves a very sour taste in everyone’s mouth. As well as their bodies because they’re injured, and they won’t receive the compensation they deserve and need.

What is considered a fair settlement for a personal injury in Illinois?

A fair settlement or a fair recovery is one that fully compensates the client for their injuries, however, there may be insurance limitations preventing that.

I had a young lady as a client who was hit by a drunk driver. She had an excess of $70,000 in medical bills. However, the maximum available coverage was $100,000, meaning that woman will not be appropriately compensated for her injuries. As an attorney, I make sure to do the proper evaluation I need to do to find all necessary insurance. I investigated other potential insurances.

Sometimes I don’t think a fair settlement has been ordered, but I do think it’s a maximum settlement that can be ordered. Getting the maximum settlement is based on the experience of your attorney, and it’s based on how hard an attorney’s going to fight for you.

If you have a firm that has a high volume of cases, there might be motivation to resolve the case quickly and move on to another case and client. In the end, it’s the client that suffers – first from their personal injuries, and second from not getting the maximum recovery for their injuries.

Is it worth it to sue someone for personal injury in Illinois if it appears they don’t have any money?

It’s worth it after you do the proper investigation. Attorneys generally have access to tools, which let us determine if a person has assets that may be attachable, in the event of a Jury Award – which exceeds the amount of insurance available.

After an investigation, nine times out of 10, we can learn whether the responsible person has a business they may have an interest in, or if they have real estate they own.

Do you need a retainer fee for a personal injury attorney?

The basis of the relationship in these types of cases between an attorney and client is a contingency fee, meaning the attorney’s fee is contingent upon a successful recovery. You can say there’s no fee unless we win your case – and it’s a team effort.

The more successful a recovery is for my clients – the more contingency I can make for myself. That’s why we give it the extra fight for our personal injury clients.

Not only do we want to make sure the client receives a maximum recovery, but we also want to make sure our firm is getting the highest value available for the recovery that’s made. That’s how we explain it to clients. I think that puts people at ease a little bit – knowing they don’t have to pay a retainer fee.

I feel it makes people think they are not going to be paying for wasteful efforts. We want to make sure we use the maximum effort with the maximum amount of production when recovering compensation for our client.

How are personal injury settlements paid out?

Typically, a client will have three standard issues for a personal injury in Illinois: medical bills, lost wages, and pain and suffering. Pain and suffering don’t have a specific dollar amount like medical bills and lost wages do.

As a component of the case, I want to make sure I have secured all medical bills and records, which I will submit to whoever’s responsible, such as the insurance company or the attorney representing the responsible party.

I want to make sure I present them with an accurate amount of lost wages. The goal is to get all medical bills paid, get all lost wages paid, and get a substantial amount of money for pain and suffering. These are the three main components that go into a general personal injury case.

When you have issues where a client has a scar or substantial scarring – which is called permanent disfigurement, such as with dog bite cases, that will add to the value of the case. Our firm currently has a client who is going to need surgery in about a year to attempt to make their scar less notable.

So, you have medical bills incurred at the time of the accident. You have lost wages. You have pain and suffering. You have permanent disfigurement, and then you frequently will have future medical.

The value of cases is considered at the conclusion of a case. But the payout from the case is generally made at the time the case settles, or shortly thereafter.

However, there are situations where if you have a younger client, such as a minor, and you’re going to get a recovery on a substantial injury, you can do something called a structured settlement to determine what the value is today. The person can be paid out over the next 10 years for their injuries.

It also prevents two things: It prevents the person from receiving money right now and making poor investments, and to have a continuous stream of payments for the next 10 years or so. So, if my client is awarded $100,000 today – it’s $100,000. But if you put that $100,000 into a structured settlement, after the 10 years the client could have gotten paid out $210,000.

Do most personal injury claims go to trial, or do they settle out-of-court?

Most personal injury cases settle either out-of-court or prior to trial. You can have a situation where you have a case that’s in court for an extended period, eventually gets set for trial, and then it settles – either at the beginning of a trial or close to the start of a trial – but those are the extreme situations. In a normal situation,  personal injury cases will settle out-of-court.

What are examples of personal injury cases that go to trial?

Cases where you have a serious personal injury, or if you have a case that’s worth several million dollars or more. Obviously, no company is eager to pay that out. Litigation generally extends the payout because the court system takes a long time.

With the COVID-19 pandemic upon us, it’s affecting the court system, meaning trials are going to take even longer. Currently, cases have been suspended for 10 or 11 months.

Some trial cases can end sooner – if defendants can receive a substantial discount. However, in my experience, I don’t want to give a substantial discount. Therefore, those cases can spend a lot of time in court trying to receive a reasonable settlement for their personal injury case in Illinois with the court.

Contact Our Personal Injury Lawyers In Schaumburg

We have over five decades of combined experience and collected millions of dollars for our clients. We know the Illinois and Wisconsin legal systems backwards and forwards. We stick with you and help you Claim Your Justice™.

Call us now at 847-434-3555. The sooner you start, the better chance you have at getting the money you deserve.