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Personal Injury Laws and Rules in Illinois

Personal Injury Laws

No one plans on getting injured. Even someone who maintains insurance doesn’t ever think that they’ll need to file a claim–and certainly not for anything serious. Yet injuries and accidents happen when we least expect them to and can impact even the safest amongst us. If you have been seriously injured in Illinois and someone else’s negligence caused or contributed to your injuries, you have the legal right to make a personal injury claim. 

While a personal injury claim can result in monetary compensation, the claims process can be complicated and overwhelming when approached on one’s own. At the office of Claim Your Justice, our personal injury lawyers in Schaumburg can help you to navigate the claims process, understand personal injury laws, and get the compensation award that you deserve. If you’ve been injured, please call us directly to recover the money you deserve. 

What Is a Personal Injury Case?

A personal injury case is a type of civil action wherein a plaintiff–the injured party–files a claim for monetary damages against the defendant–the at-fault party. The claim alleges that the defendant caused the plaintiff harm and therefore should be held liable for the losses the plaintiff has suffered.

Are a Personal Injury Case and a Criminal Case Related?

In some situations–for example, in the case of assault or drunk driving–the defendant may face both civil and criminal charges for their actions. However, while a defendant may face charges in both court systems, civil and criminal cases are completely unrelated and the outcome of one will generally not impact the outcome of another. What’s more, the burden of proof in each type of case is different. In a criminal case, the defendant’s guilt must be proved beyond a reasonable doubt; in a civil case, the burden of proof is by a preponderance of the evidence. 

The Elements of a Personal Injury Claim

A personal injury claim has four elements. The plaintiff in the case is responsible for presenting evidence to satisfy each of the four elements; if even one of the elements cannot be proved, then the case lacks teeth and the defendant will not be held liable.

  • Duty of care. The first element that the plaintiff must establish is duty of care–that the defendant owed the plaintiff some sort of duty. In many cases, duty of care is implied. For example, all drivers on the road owe a basic duty to others to operate their vehicles lawfully and reasonably. In other cases, though, duty of care must be established. For example, in a premises liability case, the plaintiff may need to establish that they were on the defendant’s property lawfully, and as such, the defendant owed them a duty to maintain the property in a reasonably safe condition. 
  • Breach of duty of care. The second element that a plaintiff must establish is a breach of the duty of care. Usually, this means proving that the defendant acted negligently. Negligence is the failure to exercise the same degree of care that a person of ordinary prudence in the same situation would exercise. Negligence–or breach of duty–can take many forms and might include things like speeding or driving while distracted, failing to maintain a property in a safe condition, providing incorrect instructions for using a product, and more. 
  • Causation. Proving causation means proving that the defendant’s actions were the proximate cause of the plaintiff’s harm. The plaintiff must prove that their injuries would not have been incurred but for the defendant’s actions. If causation cannot be established, there is no case.
  • Damages. Finally, a personal injury case only exists if the plaintiff has suffered actual damages. Common damages in a personal injury claim include medical expenses, property damage costs, lost wages, and pain, suffering, and emotional distress. Even if the first three elements (duty of care, breach of duty, and causation) are established, if the plaintiff did not suffer any damages, they have no grounds to seek compensation.  

How to Prove Negligence, Causation, and Damages

Proving the above elements can be complicated, especially if the case is complex and fault is disputed. Fortunately, our lawyers can help with this. We are highly skilled at gathering evidence and building compelling cases and know what it takes to satisfy each of the four elements listed above. 

Ways that we help you to prove the elements of a personal injury claim include:

  • Traveling to the accident scene ourselves 
  • Initiating a thorough investigation into your accident and injuries 
  • Hiring experts to contribute to your case and offer expert testimony 
  • Performing a thorough analysis of all of the evidence 
  • Maintaining and preserving all evidence we collect in pristine condition

We also know how to issue spoliation of evidence letters to other parties, and file subpoenas for evidence when appropriate. 

How Much Time Do I Have to File a Claim?

When a person is seriously injured and is thinking about filing a personal injury claim, they must act within a certain amount of time. It’s important that you understand the difference between the statute of limitations and the time limit set by an insurance company.

Most insurance companies require that a claimant report a claim/provide notice of an accident within a certain timeframe or within a timeframe that is “reasonable.” If the claimant fails to do this, the insurance company may have grounds to deny the claim altogether.

With that in mind, most personal injury claims go through the insurance claims process and are settled through negotiations; the cases actually never evolve to a lawsuit that requires litigation. 

In the event that settlement negotiations fail, though, and a personal injury claim morphs into a personal injury lawsuit, the state’s statute of limitations matters. The statute of limitations is the legal limit on how much time a plaintiff has to file a lawsuit against a defendant. The clock on the statute of limitations in Illinois starts ticking at the time the accident/injury occurs and runs for two years from the date of the injury. If a plaintiff waits longer than two years to file a lawsuit–even if they reported the accident to the insurance company well before that–they forfeit their right to compensation. The statute of limitations in Illinois is found in 735 ILCS 5/13-202.  The statute of limitations for those who are injured when they are under 18 are different.  Please call Claim Your Justice to learn these details.  

Comparative Fault in Illinois Personal Injury Claims

In addition to personal injury statutory rules and the statute of limitations–which could be a bar to recovery when breached. Another thing to consider when filing a personal injury claim or lawsuit in Illinois is the state’s rule regarding comparative fault. Illinois maintains a modified comparative fault law.  The law states that if a plaintiff contributes to their injuries in any way, they are not barred from seeking damages from the defendant, so long as they were not 50 percent or more to blame for their own injuries. Further, a plaintiff’s recoverable damages are reduced in proportion to their degree of fault. So, if a plaintiff is found to be 15 percent at fault for their injuries, they can only hold the defendant liable for 85 percent of their damages. 

Does the Law Say that I Have to Work with a Personal Injury Attorney in Schaumburg?

One question that our Claim Your Justice personal injury lawyers in Schaumburg, IL often hear is in regards to whether or not working with a lawyer is required. The short answer is that no–there is no requirement under the law for a personal injury claimant to hire a lawyer. The long answer, however, is that requirement or not, working with a personal injury attorney is strongly advised. 

As explained above, there are many rules and requirements for filing a personal injury claim successfully, and the average person without legal training may face difficulty in proving the elements of a personal injury claim, understanding claim filing requirements, gathering evidence, disproving fault alleged against them, negotiating a settlement, and filing a lawsuit in court if necessary. 

How Does a Personal Injury Lawyer Charge?

Another question that we frequently get is about how we charge our clients–many clients are afraid that they won’t be able to afford our services or think that hiring an attorney will cost them an arm and a leg. At the office of Claim Your Justice, we work on a contingency fee basis. This means that we never charge any upfront or hourly fees, and never make clients pay a retainer. Instead, we agree to a structure at the time that you hire us where we will collect a percentage of your total settlement if your claim is successful; in other words, we’re paid out of the money we help you win. If your claim isn’t successful and you don’t receive a settlement, you won’t owe us a dime. 

Get Help from a Skilled Personal Injury Attorney Today

If you have been severely injured in an accident in Schaumburg or the surrounding areas of Illinois and you think that you may have a personal injury claim, let our Claim Your Justice personal injury lawyers in Schaumburg help you. We understand that navigating personal injury lawyers and personal injury statutory rules can be complicated and overwhelming; we’ll handle 100 percent of your case while you focus on your recovery and what’s most important in your life. Call us today for a free consultation and the help you deserve. 

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How Common Is Nursing Home Abuse in Illinois? 

Nursing Home Abuse in Illinois

Nursing Home Abuse In Illinois

Like many parts of the nation, Illinois has a growing elderly population and nursing home abuse is growing along with it. Indeed, the number of people who are aged 60 and old is increasing at a higher rate than other parts of the population; in 2030, it is estimated that over 22 percent of the population in our state will be 60 and older. According to today’s statistics (provided by the U.S. Census Bureau), persons ages 65 and older constitute 16.1 percent of the population.

To accommodate all these elderly people and provide them with care as they age, Illinois has over 700 nursing homes. While nursing homes are designed to be places of care, the tragic truth is that nursing home abuse is often prevalent in nursing homes. At the law office of Claim Your Justice, our experienced Schaumburg nursing home neglect attorneys are here to answer your questions about nursing home abuse and neglect and represent you if your loved one is being harmed. 

Call our lawyers directly today for a consultation and an overview of your rights. In the meantime, refer to the following to learn more about nursing home abuse, how commonly it occurs, the warning signs of nursing home abuse, what to do if you suspect abuse, and the basics of a nursing home abuse lawsuit. We are here when you need us. 

What Is Nursing Home Abuse?

Nursing home abuse occurs when a nursing home resident is financially exploited, sexually abused, physically abused, or emotionally/psychologically abused. Nursing home neglect is distinct from abuse, but can also result in severe harm for the nursing home resident and legal liability for the nursing home. 

  • Financial exploitation. Financial exploitation of a nursing home resident occurs when a nursing home staff member steals money from a resident or convinces the resident to make changes to their finances that are in the staff member’s best interests. For example, convincing the resident to open a line of credit or take out a loan for the staff member.
  • Sexual abuse. Sexual abuse is one of the most heinous forms of nursing home abuse and refers to any non-consensual sexual behavior between a nursing home member and a staff member. 
  • Emotional and psychological abuse. Emotional and psychological abuse is often more subtle and occurs when a nursing home resident is neglected, isolated, teased, bullied, punished, ignored, or otherwise treated poorly. Emotional abuse can lead to severe physical harm in some cases, including depression and deterioration of physical condition. 
  • Physical abuse. Physical abuse might include improperly restraining a nursing home resident, hitting, kicking, biting, burning, pushing, or otherwise using physical force to control, threaten, or punish a resident. 
  • Nursing home neglect. As mentioned above, nursing home neglect is distinct from nursing home abuse but can be equally consequential. Nursing home neglect might include forgetting to bathe a resident or move them to avoid bedsores, failing to ensure a resident is getting proper hydration and nutrition, leaving a resident alone for hours at a time, failing to assist a resident with getting to the bathroom, or changing, etc. 

How Commonly Does Nursing Home Abuse Occur?

Collecting data on nursing home abuse is very challenging; it is thought that many cases of nursing home abuse are unreported. With that being said, the National Academy of Nursing Home Attorneys estimates that about five million elderly persons are abused each year, and that about one in 10 elderly Americans (over the age of 60) have experienced some form of elder abuse. A national survey also found that 36 percent of nursing home residents witnessed at least one incident of physical abuse towards a resident in the previous year.

It can be difficult to collect data on a specific nursing home. If you’re investigating a nursing home, it’s important to look up the nursing home’s rating and reviews. You may also ask the manager directly whether the nursing home or any of its staff members have been implicated in nursing home abuse or neglect lawsuits in the past. 

Warnings Signs of Nursing Home Abuse or Neglect

Just as it’s difficult to know the precise number of nursing home abuse cases that occur each year, so too can it be difficult to recognize the warning signs of nursing home abuse and neglect. If your loved one is in a nursing home, frequent visits are important. During those visits, keep an eye out for the following:

  • Torn or bloodied clothing
  • Unexplained bruises, cuts, or burn marks
  • Emotional changes, such as angry outbursts
  • Resident’s fear of staff
  • Changes to an elderly person’s finances
  • Poor personal grooming
  • Weight loss or weight gain; change to physical condition
  • Withdrawal or/and depression
  • Bone fractures or other unexplained injuries

In addition to the above, also pay attention to things such as the state of the nursing home—do things look clean? Are there trip or fall hazards around? Does there seem to be an adequate staff-to-patient ratio? Do residents seem happy? If you have concerns, don’t hesitate to consult with the nursing home manager. 

Talking to an Elderly Person About Nursing Home Abuse

When you suspect that abuse or neglect may be occurring, talking to your elderly loved one is important. However, these conversations can be difficult and, sometimes, futile; an elderly person who is the victim of abuse may be experiencing a sense of shame and even guilt and may be hesitant to talk about the abuse as such. 

It’s important to approach your loved ones kindly and patiently and to explain to them that they haven’t done anything wrong and that you are there to advocate for them. If your loved one is reticent or withdrawn, or acts out with anger or other emotions that aren’t characteristic for them, this could be a sign that abuse is occurring. 

What to Do If You Suspect Nursing Home Abuse

If you suspect that nursing home abuse is occurring, the first thing that you should do is consult with your loved one and confirm the abuse; remember, however, that an elderly person who is being abused may not be forthcoming about the abuse.

The second thing that you should do is bring your concerns to the nursing home owner or manager. 

Next, you should start to collect evidence. Write down your suspicions and record any type of evidence that supports those. This might include taking photographs of signs of physical abuse or poor conditions at the nursing home.

In the event that your elderly loved one is at risk of imminent injury or death as a result of abuse or neglect, you should call 9-1-1. You should also move your elderly loved one to a new nursing home if possible. 

Finally, if you suspect that nursing home abuse is occurring, you may have a legal cause of action. You should contact the Schaumburg nursing home abuse lawyers at the office of Claim Your Justice immediately for a free consultation and an overview of your legal options. 

What Is a Nursing Home Abuse Lawsuit?

A nursing home abuse lawsuit is a type of civil lawsuit where you seek to hold a nursing home liable for the harm suffered by an elderly resident. Nursing homes owe residents a high duty of care; a breach of that duty of care that results in harm can lead to nursing home liability. 

Through civil action, you may be able to recover compensation for any economic and non-economic losses suffered as a result of the abuse/neglect. Additionally, filing a lawsuit can raise awareness about the abuse/neglect, potentially leading to internal nursing home reform and protecting other residents in the future. 

How Can a Schaumburg Nursing Home Neglect Attorney Help Me?

At the office of Claim Your Justice, our Schaumburg nursing home neglect attorneys will help you by:

  • Investigating your case. We’ll gather evidence to build your claim and focus on getting the facts.
  • Proving liability. We know what it takes to prove that a nursing home breached its duty of care to a resident. Our experienced law firm will bring forth a strong case.
  • Calculating damages. We’ll work with you to understand the value of losses that you/your elderly loved one in the nursing home has suffered as a result of the abuse, accounting for economic and non-economic damages.
  • Negotiate your settlement. Many nursing home lawsuits never go to litigation because they are settled out of court through negotiations. We can represent you during this process.

Throughout the process, we’ll be there to help you understand the law, fight and advocate for you, your loved one, and your family. We have years of experience—you can count on us to work hard for you.

Call Our Schaumburg Nursing Home Neglect Attorney Today

Nursing home neglect and abuse often go unrecognized in our State, but should not go unpunished. If your elderly loved one is being abused or neglected within a nursing home, you have legal rights. To learn more about those rights and how to bring forth a lawsuit for damages, call our Claim Your Justice Schaumburg, IL nursing home neglect attorneys directly today. We offer free consultations and always work on a contingency fee basis.

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10 Things To Avoid Doing After A Car Accident That Could Impact Your Claim

Car Accident

Being in a car accident can be an extremely traumatizing experience—one that impacts your life forever. As a result of a car accident, you may be facing severe injuries, including permanently disabling or life-threatening injuries; high repair or replacement costs for your vehicle; medical expenses and ongoing medical and rehabilitation costs; lost wages and a loss of earning capacity due to your long-term disability; and physical pain, emotional anguish, and psychological injury. 

At the law office of Claim Your Justice, we realize that life after a car accident may never look the same; we also understand that intelligently navigating the claims process could have a significant impact on the overall outcome of your case and your future, including how much money you are able to recover. 

While there’s a whole list of things that you should do after being involved in a car accident, here are a few things that you should avoid doing, as they could impact your claim. Perhaps the most important thing that you can do, though, is to call a car accident lawyer in Schaumburg, IL as soon as possible after your crash. With that in mind, here’s a list of things to avoid doing after a car accident: 

  1. Admitting Fault

One of the biggest mistakes to avoid after a crash is that of admitting fault, whether it be to the other driver, witnesses, the police, the insurance agent, or any other party. Sometimes, a person may make comments that sound like an admission of fault (even if they are not intended to be), so it’s important to remain conscious of this. For example, saying “I’m sorry” could sound like you’re taking responsibility.

Because Illinois is an at-fault car insurance state, if you are to blame for a crash, you will be responsible for paying for it. If you admit fault, then, the amount of compensation that you’re able to recover from the other driver could be significantly reduced or eliminated. The best thing that you can do after a crash—if you are able—is to call 911. When you talk to your insurance agent, do not admit fault. It’s best to avoid talking to the agent in detail and giving a statement until after you’ve spoken to a Claim Your Justice attorney. 

  1. Failing to Report the Accident to the Police

The other huge mistake that you can make is failing to report the accident. There are many reasons why you may be tempted to not report, including:

  • You don’t have car insurance
  • You think the accident might have been your fault
  • The other driver is asking you not to report the crash
  • You don’t think the crash is serious enough to report
  • The other driver is offering you a check, so you think you don’t need to go through the claims process

Here’s the thing: if you don’t report the accident within a timely manner and then later do need to file a claim to recover compensation, your claim will be denied because you didn’t give the insurance company time to investigate it, or the insurance company will doubt that your damages are related to the crash since you failed to report it. In fact, most insurance companies will not process a claim unless there is a police report. You must call the police and report the accident if you want to file a claim at any point and, in many instances, be acting in accordance with the law. 

  1. Not Getting Medical Care

Like failing to report the accident to the police, not getting medical care if you are injured is another big mistake after a crash. Again, you may choose not to seek medical care for various reasons, such as not having insurance or not thinking your injuries are serious. It’s important to know, though, that some injuries do not set in immediately; for example, a head injury may take hours or days to fully show itself. 

If you don’t get medical care and then later try to file a claim for an injury—such as a head injury—an insurance company may dispute that the claim is valid. Getting medical care is also important for ensuring that you get the care that you need, regardless of the insurance process, too. 

  1. Posting About Your Accident on Social Media

A huge mistake that people make is posting about their accident on social media, as well as posting about their life post-accident. While you may be tempted to “let everyone know you’re okay” and show pictures of your “happy recovery,” these types of posts and photos can significantly devalue your claim. 

Part of an insurance adjuster’s job is to investigate your claim of injury, pain, suffering, emotional distress, etc. after your crash. In order to do this, they just might add you on social media and start following your posts. If you post that you’re “feeling great!”, or post a picture of you walking with your child (even if the photo was taken before your accident), the insurance adjuster may use this as evidence to devalue your claim. 

To be clear, why would an insurance company offer you a large settlement for pain and suffering when your socials show that you’re clearly fine and living your best life? If you have any questions about the use of social media post-accident, talk to a Claim Your Justice car accident lawyer in Schaumburg. 

  1. Forgetting to Report Your Crash to Your Insurance Agent

As touched on above, you need to report your car accident to the police and to your insurance company. An insurance company has a right to investigate your claim and has the right to receive enough notice to be able to do so properly. If you don’t report your accident, then the insurance company may have grounds to deny your claim. 

  1. Failing to Follow Your Doctor’s Orders

One big mistake that many people make after a crash and after getting medical treatment is failing to follow the doctor’s orders exactly. Say your doctor says that you should be on bed rest for seven days, but on day six, you’re feeling good and want to get up and do something. 

While this may seem perfectly reasonable, if the insurance agent finds out, they can use this as evidence to show that you failed to do your due diligence to mitigate injuries, and therefore any continued complications/pain you’re experiencing could be a result of your own negligence. The most important thing that you can do for your own wellbeing and for the claims process is to follow your doctor’s orders. 

  1. Starting the Claims Process on Your Own

It is important to call your insurance company to report the accident as soon as possible, but you shouldn’t dive into starting the claims process on your own; instead, you should call an experienced Claim Your Justice car accident lawyer in Schaumburg who can represent you in all conversations with the insurance company. 

The reality is that the insurance agent assigned to your case will not be working for you and will not be trying to find a way to maximize your insurance amount; instead, they’ll be trying to find ways to lowball your claim. When you work with an attorney, you’re protecting your best interests and saving yourself from common, costly mistakes. 

  1. Trying to Investigate Your Crash Solo

Investigating a crash is one of the most important parts of the claims process, and something that all sides involved will do as a way to gather evidence, determine liability, and calculate damages. Investigating a crash has many parts, including traveling to the accident scene, taking photographs, sending spoliation of evidence letters, reviewing vehicle electronic control module data, talking to eyewitnesses, reviewing cellphone logs (if distracted driving is a suspected cause), hiring accident reconstruction experts and other professionals, and more. 

Attempting to handle all of this on your own can be a big mistake, not to mention overwhelming—you should always work with a skilled Claim Your Justice car accident lawyer in Schaumburg, IL. 

  1. Not Writing Down As Much As You Can and Taking Photos

Something that’s important to do if you are able is to take photos at the scene of the crash, as these photos may serve as important evidence during the claims process. If your injuries preclude you from doing this, it’s important to hire a lawyer immediately who can travel to the accident scene. 

In addition to taking photos, you should write down as much as you can about the accident, such as what you were doing at the time it occurred, details about the other driver and vehicle involved, who might have seen the accident, and their contact information if possible, where you were traveling, the lighting and weather conditions at the time of the crash, etc. 

  1. Accepting a Settlement Offer

Finally, one of the biggest and irreversible mistakes that you can make is accepting a settlement offer before having it reviewed by a Claim Your Justice car accident attorney in Schaumburg. A first settlement offer is often lowballed, with the hope that the claimant will just accept it. Once you accept it and sign a release of claim, there is no going back—you will not be able to fight for more money. 

Call Our Car Accident Lawyer in Schaumburg Today

If you’ve been in a crash, don’t hesitate to reach out to our experienced Claim Your Justice car accident attorney in Schaumburg for a free consultation. You can reach us by phone or contact us here at your convenience.

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How Are Illinois Personal Injury Claims Calculated?

personal injury

Illinois Personal Injury Compensation

You need an experienced attorney when filing personal injury claims. It’s hard to imagine being involved in an accident that happens suddenly and unexpectedly, and that changes the course of your life because of serious personal injuries.  Yet for many personal injury victims in Schaumburg and the surrounding areas of Illinois, this is exactly what happens. When another person’s negligence causes a crash, a slip and fall, a workplace accident, or another type of severe accident and someone is seriously injured, the injured party has the right to seek damages. In these cases, damages means monetary compensation for their injuries and related losses. 

At the office of Claim Your Justice, our Schaumburg personal injury lawyers can help you navigate the claims process, proving fault, and understanding how a personal injury settlement is calculated. Consider the following about damages in a personal injury claim and the role of a Schaumburg personal injury lawyer, and then call Claim Your Justice directly for a free consultation and the support and legal guidance you need. 

Common Types of Personal Injury Claims

When a person is injured and someone else is to blame, they may have a cause of action to file a personal injury claim or lawsuit for damages. There are multiple types of personal injury claims, all of which our Schaumburg personal injury lawyers have experience handling. Common types of personal injury claims include: 

  • Motor vehicle accident claims
  • Slip and fall claims
  • Commercial vehicle claims
  • Premises liability claims
  • Negligent security claims
  • Dog bite claims
  • Workplace accident claims 
  • Bicycle accident claims
  • Pedestrian accident claims
  • Medical malpractice claims
  • Defective products claims 

Four Elements Of Personal Injury Claims

Unfortunately, a person cannot file a personal injury claim merely because they have been involved in an accident and suffered harm, or merely because another party has done something negligent. Instead, in order to bring forth a personal injury claim that’s successful, a plaintiff must be able to produce evidence to satisfy the four elements: 1) Duty; 2) Breach of the Duty; 3) Causation; and 4) Damages.  Below is a more detailed explanation of  these four elements:

  • Duty. The first element of a personal injury claim is duty or duty of care. This means that before the case can proceed, the claimant/plaintiff must be able to prove that the defendant (at-fault party) owed them some duty of care. In many cases, duty of care is implied. For example, all drivers on the road have a basic duty to operate their vehicles in accordance with the law and in a reasonably safe manner. In other situations, duty must be established. For example, in a premises liability case, the plaintiff will need to prove that the defendant (property owner) owed them a duty because the plaintiff was lawfully on the property and was not trespassing. 
  • Breach of duty. The second element that must be established in a personal injury case is breach of duty. Usually, a breach of duty occurs when the defendant acts negligently. Negligence is the failure to exercise the proper degree of care for a given situation—the same degree of care that a person of ordinary prudence would exercise. Breach of duty could include anything from speeding to driving while distracted, failing to remedy a known hazard, or failing to adhere to leash laws. 
  • Causation. Causation means being able to prove that the defendant’s negligence or breach of duty of care was the proximate cause of the plaintiff’s accident and injuries. You cannot just prove that the defendant acted negligently and that you were injured; you must show evidence of a link between the two. 
  • Damages. Finally, in order to make a successful claim or file a personal injury lawsuit, you must have suffered actual damages or losses. More on this below. 

Injuries and Damages In An Illinois Personal Injury Claim

When a person is involved in an accident, regardless of the accident type, there is the potential to suffer serious injuries. Some of the most common types of injuries and damages in a personal injury claim include:

  • Traumatic brain injuries. A traumatic brain injury can lead to cognitive, emotional, and sensory disabilities, sometimes short-term, sometimes permanently. This is one of the most serious types of injuries. 
  • Spinal cord injuries. A spinal cord injury is devastating. When a person’s spinal cord is injured, the victim may suffer partial or complete paralysis from the area of the spinal injury downwards which is permanent. 
  • Internal injuries. Internal injuries occur when a person’s body is hit with force or punctured with an object. Internal bleeding and organ failure are possible complications. 
  • Bone fractures. Fortunately, most bone fractures will heal with time and proper medical care. In some cases, a bone fracture could lead to long-term complications for the affected person. 
  • Amputation injuries. Losing a limb or losing the use of a limb is devastating. An amputation injury causes permanent physical disability, as well as psychological trauma. 
  • Soft tissue injuries. Soft tissue injuries are very common and can include sprains and strains—and sometimes tears—of muscles, ligaments, and tendons. 
  • Psychological injuries. In addition to physical injuries, a person can suffer psychological injuries as a result of an accident as well. Post-traumatic stress disorder (PTSD) is the most common psychological injury victims develop after a serious accident. Depression and anxiety are possible, too. 

It’s not just physical or psychological injuries that a person suffers after an accident. The above injuries can result in high medical bills, lost wages, physical pain and suffering, strains on romantic and social relationships, the need to remodel a home for disability accommodations, and more. 

Types of Damages Recoverable in a Personal Injury Claim In Illinois

There are three types of damages that are commonly recoverable in a personal injury claim: economic damages, non-economic damages, and punitive damages. 

  • Economic damages. Economic damages are the actual financial losses that a person sustains as a result of an accident. Common types of economic damages in a personal injury claim include medical expenses, lost wages, future medical expenses, and lost wages, and property damage expenses. 
  • Noneconomic damages. Noneconomic damages are harder to calculate because they’re not based on actual financial losses; instead, noneconomic damages are based on the value of a person’s pain, suffering, emotional distress, mental anguish, loss of consortium, and diminished quality of life. 
  • Punitive damages. In addition to compensatory damages (economic damages and non-economic damages), it may be possible to recover punitive damages. Punitive damages are not meant to compensate the victim; they are designed to punish the defendant for their egregious conduct. Under Illinois law, punitive damages are only available when there is proof that the defendant acted fraudulently, willfully, or wantonly in causing harm to the plaintiff. 

How Are Damages Calculated?

Economic damages are based on total economic losses. It is much more difficult, however, to calculate non-economic and punitive damages. It is the non-economic damage component of your personal injury claim the Claim Your Justice attorneys focus on and excel in.  

Factors that impact non-economic damages and pain and suffering include the severity of injuries, victim’s age, income level, earning capacity and earning potential, any special talents or opportunities that the victim may have enjoyed but for the injury, whether or not the victim has a spouse or any children, and any other special circumstances. Typically, those who are younger and who have families are awarded larger settlements for pain and suffering, particularly when injuries are especially severe. 

Punitive damages are also difficult to calculate. Jury instructions state that when considering the amount of punitive damages to award a plaintiff, jurors should consider how reprehensible the defendant’s conduct was, the actual and potential harm the defendant’s conduct caused to the plaintiff, and the amount of money that’s necessary to punish the defendant and discourage others from engaging in future wrongful acts. It’s also noted that the amount of punitive damages awarded must be reasonable and proportional to the actual and potential harm suffered by the plaintiff. 

How a Claim Your Justice Schaumburg Personal Injury Lawyer Can Improve Your Chances of Recovering Your Maximum Settlement Award

If you have been involved in a serious accident, you need a Schaumburg personal injury lawyer on your side. A personal injury attorney will not only work hard to prove fault but also to prove the extent of damages you’ve suffered and advocate for a maximum settlement. To learn more about how a Claim Your Justice Schaumburg personal injury attorney from the office of Claim Your Justice can help you, call us directly at 847-434-3555 or send us a message online at your convenience. We are here to fight for you. 

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The Most Dangerous Industries for Workplace Accidents In Illinois

Workplace Accidents

Doing work is incredibly fulfilling. Most people enjoy the sense of accomplishment and purpose that comes from a job well done. However, while work can be important for philosophical and financial reasons–as well as essential for the greater economy–the workplace can also be dangerous, too. In Illinois, there are a few industries that stand out as being particularly dangerous, including construction. Consider the following overview of the most dangerous industries for workplace accidents in Illinois, and call our construction accident lawyer at the office of Claim Your Justice if you or a loved one has been injured on the job.

The Most Dangerous Industries for Workplace Accidents in Illinois

In 2019 (the most recent year for which data is available) there were a total of 158 fatal work injuries reported in Illinois; there were 104,000 nonfatal workplace injuries and illnesses reported.

According to the Bureau of Labor Statistics, most of the workplace fatalities that occurred in Illinois were the result of transportation incidents, violence and other injuries by animals or persons, slip and fall accidents, and contact with objects and equipment. It may come as no surprise then, based on these common causes of death, that the construction industry is most of the most dangerous industries for workplace accidents in the state. In fact, the private construction industry had the highest number of workplace fatalities in the state in 2019 with 30 deaths or over 18 percent of total workplace deaths. Other industries that had high rates of fatal accidents include the private transportation and warehouse industries.

Additional highlights based on the data

The data reveals that construction, transportation, and warehousing are amongst the most dangerous industries for workplace accidents in the state; we also know that transportation accidents, slip and fall accidents, contact with objects and equipment, and violence are common causes of injuries–fatal and otherwise.

Data also tells us that men are much more likely to be involved in fatal accidents in the workplace than women, most likely because these industries are traditionally dominated by male employees.

Common Workplace Injuries

When an accident occurs within the construction industry, transportation industry, warehouse injury, or another injury in Illinois, the injuries and damages can be significant. Especially in injuries that involve working with heavy equipment and machinery, power tools, or working at heights, injuries can be catastrophic. Common workplace injuries in construction include:

  • Traumatic brain injuries. A traumatic brain injury, or TBI, can impact a person’s memory, learning, language, cognition, emotion, and sensations for years.
  • Spinal cord injury. Spinal cord injuries are tragic because they are permanent; once the spinal cord is injured, it cannot be repaired. Spinal cord injuries often lead to permanent or partial paralysis from the site of the injury downwards.
  • Amputation injury. One of the most severe injuries that a construction industry worker can suffer is that of an amputation injury. These types of injuries lead to permanent disability.
  • Crush injuries. Being caught in or hit by heavy equipment can mean a crush injury that results in the loss of use of a limb, internal bleeding, and death in the most serious cases.
  • Psychological injuries. Some injuries aren’t physical, but psychological. Being involved in a severe accident can result in post-traumatic stress disorder, depression, and anxiety.

Common Causes of Workplace Injuries 

Workplace injuries often happen as a result of negligence. Transportation incidents, being caught in/between machinery or being struck by an object, electrocution, falls from heights, slip and falls, and violence by another person or animal are common causes of injuries in the workplace. Unfortunately, most of these accidents are often avoidable and would not occur but for:

  • Improper worker safety training. All employees, particularly those who work in industries where the risk of accident and injury is high, need to receive proper training on best practices and workplace safety. Failure to ensure that workers go through an adequate safety training program, as well as the failure to ensure that workers have the information and training that they need for a specific job, can lead to tragic accidents.
  • Improper supervision/worker management. Another cause of accidents in the workplace is a lack of proper supervision or worker management. At a construction site, a site manager should always be available to answer questions and ensure that safety protocols are being followed to a T. Improper supervision and management can lead to serious harm.
  • Lack of safety equipment. Federal and state laws set forth by the Occupational Health and Safety Administration (OSHA) require that workers in dangerous industries, including construction, have access to basic and specialized safety equipment depending on the job site and the work being performed. For example, hard hats and safety harnesses when working at heights, proper safety boots, safety goggles, and gloves are all standard. If a worker is not given the correct safety equipment for a job, they may be at an increased risk of injury.
  • Defective machinery. Sometimes, even when workers are properly trained, given the right safety gear, and follow safety protocols, accidents still happen. In some cases, an accident or injury may be the result of defective machinery or equipment. If defective machinery or equipment causes an injury, the manufacturer could be held liable.

Things like roughhousing, failing to double-check all safety steps, and worker negligence can cause accidents and injuries in some cases, too.

Who’s Liable for a Workplace Injury?

When a worker is harmed on the job and suffers severe and costly injuries, there is a question of liability that must be answered. Consider the two following sources of compensation and liability in a workplace accident claim–

  • Workers’ compensation insurance. The vast majority of employees in most industries, including the private construction industry, are considered employees and are covered under their employers’ workers’ compensation policies as such. When a workplace accident occurs, an employee is entitled to workers’ compensation, without having to prove fault, so long as they can prove that the injury happened at work while they were acting within the scope of their employment.
  • Third-party liability claims. Workers’ compensation is a no-fault system, which means that an injured worker does not need to prove the fault of their employer in order to recover compensation; it also means that by virtue of the no-fault benefits, their employer is immune from liability. In other words, an injured worker cannot file a lawsuit for damages against their employer.

While an employee cannot sue their employer after an accident, they may have grounds to bring forth a third-party liability claim. A third-party liability claim is a type of civil action that alleges that a third party (someone other than the employer) did something negligent, and the negligence was the proximate cause of the employee’s harm. For example, filing a lawsuit against a product manufacturer if a defective product causes a workplace injury is a type of third-party liability claim. Sometimes, both workers’ compensation benefits and a third-party liability claim can be pursued.

Types of Damages Recoverable in a Workplace Accident Claim

When you hire our personal injury attorney in Schaumburg or a construction accident lawyer from our office, we can promise that we’ll work hard to get you the settlement that you deserve. However, it’s important to note that how much you can recover, as well as the types of damages that you can recover, will depend on whether you are filing a workers’ compensation claim or a third-party liability claim.

A workers’ compensation claim provides benefits for the full value of a workers’ necessary and reasonable medical expenses. Workers’ compensation benefits can also cover a portion of an employee’s lost wages. However, workers’ compensation benefits do not cover 100 percent of an employee’s lost wages, nor do they include compensation for pain, suffering, or emotional distress.

A third-party liability claim, on the other hand, is not capped. A worker can file a suit seeking damages for the full value of their losses, including compensation for their medical bills, lost wages, and non-economic damages, such as pain and suffering. There is no limit to how much a worker can recover.

While this type of claim may therefore seem superior to a workers’ compensation claim, remember that a third-party liability claim requires being able to prove the fault of a third party, whereas workers’ compensation benefits are offered anytime a worker is injured during the course of their employment with no requirement to prove fault. 

How Our Construction Accident Lawyer and Personal Injury Attorney in Schaumburg Can Help

If you work in one of the most dangerous industries in Illinois and have been involved in an accident at work, such as a transportation accident, construction accident, or warehouse accident, you deserve to be compensated.  You also deserve to be supported and represented by a legal professional throughout the process. At the office of Claim Your Justice, our lawyers have years of experience, a reputation for excellence, a track record of winning large settlements for our clients, and a commitment to you.

We always offer free consultations and work on a contingency fee basis. If you or a loved one has been injured at work, please call our construction accident lawyer or personal injury attorney in Schaumburg directly today to schedule your free consultation and the support you need.

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As an Uber Driver, How Do I File a Personal Injury Claim for an Accident?

Uber Injury

Being an Uber driver has many perks–such as being able to set your own work hours–and a handful of downsides, but it’s one way that workers in the “gig” economy can make money. While earning an income is great, there’s an inherent risk that comes with driving for so many hours and covering so many miles: the risk of a car accident.

If you are involved in a car accident as an Uber driver, you may be confused about how you file an insurance claim and who should be held responsible for paying for any damages you’ve incurred, such as property damage costs and medical expenses.

At the law office of Claim Your Justice, our Schaumburg personal injury attorney can help. Consider the following information about how to file a personal injury claim as an Uber driver, can call our law firm directly for more information or schedule your free consultation.

Types of Insurance Coverage Available in an Uber Crash 

The first thing that’s important to understand after being involved in an Uber crash is the various insurance coverage options that may apply and when each type of insurance kicks in. There are three sources of insurance coverage that are usually available in a crash involving an Uber vehicle–the insurance that’s maintained by Uber, the insurance that you as a driver maintain privately, and the liability insurance of the other party who’s involved in the crash.

  • Insurance provided by Uber. Uber maintains insurance on the behalf of its drivers. However, the specific types of insurance maintained by Uber can vary by state. For example, in some states, Uber provides personal injury protection coverage, but not in all Here’s an overview of the types of insurance provided by Uber when the driver has the app on but has not yet picked up a rider:
  • $50,000 in liability insurance for bodily injury caused to others in an accident for which the driver is at fault
  • $100,000 in bodily injury liability insurance per accident (again, for injuries caused to others when the Uber driver is at fault)
  • $25,000 in property damage liability coverage for an accident in which an Uber driver is at fault

As is clear from the above, none of these policies pay for injuries or damages to the driver in the event that the driver is at fault or the at-fault party does not have insurance or does not have enough insurance to pay for the driver’s damages. For rides when the driver has picked up a passenger and has the passenger in the vehicle, the following coverage types are offered:

  • Third-party liability coverage of $1 million (pays for damages that you as the driver cause to others)
  • Uninsured/underinsured bodily injury coverage in the event that the at-fault driver doesn’t have insurance
  • Comprehensive and collision coverage if you maintain these policies on your own private insurance as well

You also have the option of purchasing additional insurance types from Uber, including disability payments coverage, medical expenses coverage, and survivor benefits coverage, which could help to protect you if you are involved in a crash, regardless of whether you’re at fault.

  • Insurance maintained by you (the driver) privately. In addition to insurance provided by Uber, the insurance policy that you maintain privately may also kick in. Through your own policy, you likely have bodily injury liability coverage, property damage liability coverage, uninsured/underinsured coverage, and physical damage coverage. You may also have other optional insurance coverage, such as medical payments coverage, which pays for your injuries in a crash regardless of fault and therefore is a very important coverage type.
  • The other party’s liability insurance. Finally, if the other driver was at fault for the crash, then you can file a claim against their liability insurance coverage, which is required in Illinois. If they do not have insurance or do not have enough insurance, only then could you file a claim against your uninsured/underinsured motorist policy/Uber’s provided policy.

Determining Fault After an Uber Accident

When you are injured in an accident as an Uber driver and are considering against which party to file a claim for damages, one important consideration is that of fault. This is because Illinois is an at-fault car insurance state, which means that drivers who cause accidents have to pay for them.

If you can’t prove the fault of the other driver, then you can’t file a claim against them and, what’s more, the uninsured/underinsured coverage that you maintain won’t be available. In fact, if you are found to be at fault for a crash, then the only coverage type that might apply is your medical payments coverage, which is optional.

In order to determine fault in an Uber car accident, a thorough investigation needs to be conducted. When you are at the scene of the accident, it will be important to gather as much evidence as you can, such as photos of the scene and the position of each vehicle, skid marks, damage to each vehicle, weather conditions, traffic lights, or traffic signs, etc. If there were any witnesses to the crash, getting their information is also essential, as they may need to provide a statement at a later date.

When fault is disputed, bringing in accident reconstruction experts and other professionals may be necessary. Remember, if you are found to be at fault, your ability to recover compensation for your injuries may be severely impaired. As such, if you believe that the other driver was to blame, you’ll need strong evidence in your favor. An attorney can help with this.

Filing a Personal Injury Claim As an Uber Driver 

If you are involved in a crash as an Uber driver, it will be important that you follow Uber’s reporting requirements to a T if you hope to file a personal injury claim against the company. In addition to calling the police, seeking medical care, and providing your own private car insurance company with notice of the accident, you need to do the following:

  • Contact the police and paramedics immediately if you are in a crash
  • Report the accident to Uber using the claims form
  • Take clear photos of all four sides of your vehicle and send them to Uber (this is a requested requirement of the company)

Uber will reach out to others involved in the crash and conduct an investigation. However, you should not count on Uber to represent you and provide you with a settlement. Instead, you’ll need to work with a personal injury attorney to improve your chances of recovering the compensation award that you deserve.

How a Schaumburg Personal Injury Attorney Can Help

If you have been severely injured in a crash, determining who is liable for your damages can be difficult. What’s more, no insurance adjuster is going to want to offer you your full compensation award–the role of an insurance adjuster is to save the insurance company money. Chances are high that all insurance companies involved will find some way to deny liability and get away with not paying you. This can be extremely frustrating and confusing.

When you call a personal injury attorney in Schaumburg, your attorney can provide you with the representation and support that you both need and deserve. For example, your attorney can:

  • Open an investigation into your case
  • Hire experts who can prove fault and offer testimony on your behalf
  • Determine all forms of insurance coverage that exists and which ones apply
  • Identify the liable party
  • Calculate the value of your damages, including compensation for both economic and non-economic losses
  • Issue a demand letter against the responsible party/insurance company
  • Fight back against claims from the insurance company that they should not be liable
  • Review any settlement offers you are made
  • Represent you in conversations with Uber or other parties, including insurance adjusters
  • Negotiate a settlement offer
  • Help you to understand claim filing deadlines and the personal injury statute of limitations in Illinois
  • File a lawsuit and represent you in court

While hiring an attorney may feel unnecessary at first, the truth is that you have nothing to lose by working with an attorney and a lot to gain, especially if you have been seriously injured and your claim is highly valuable. An attorney who is familiar with Uber claims and the personal injury claims process can handle 100 percent of your claim while you focus on your recovery.

Call Our Schaumburg Personal Injury Lawyer Today Following a Crash As an Uber Driver

It might be nice to think that as an Uber driver, you’ll be provided for and taken care of in the event of a crash where you are actively driving for the company. Unfortunately, this probably won’t be the case. In order to improve your chances of recovering a settlement that you deserve after a crash where you’re an Uber driver, you should work with an experienced Schaumburg personal injury lawyer. Our personal injury lawyers at the office of Claim Your Justice can help you to file your personal injury claim and otherwise navigate the claims process. Call us today at 847-434-3555 for your free consultation. We work on a contingency fee basis.

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Steps to Take After a Car Accident

car accident

Whether you’re in a smaller car accident that doesn’t result in any serious injuries or a much more severe car accident, it’s important that you know what steps you need to take following the crash to 1) ensure that you’re operating within the confines of the law and 2) protect your right to recover compensation, especially if the accident was not your fault. Consider the following steps to take after a car accident, and please reach out to our experienced Schaumburg car accident lawyers if you have additional questions.

Take a Breath

Being involved in a car accident can be terrifying. It’s highly likely that in the immediate aftermath of a crash, your nerves have the best of you–you may even be literally trembling. While feeling panicked, nervous, and worked up are all very common, you need to find a way to calm yourself so that you can do all of the things that need to be done with a clear head. In the seconds right after a crash, take a second to take a few deep breaths and calm down. 

Assess for Injuries 

The next thing that you need to do is to check whether you or anyone in your vehicle has been injured. If it is safe to do so, you should also check whether anyone else has been injured, such as any pedestrians who might have been involved in the crash, as well as the driver and passengers of the other vehicle. 

Call 911 

If anyone has any injuries, you need to call 911 and request an ambulance immediately. If the injuries are life-threatening, the operator may guide you through steps to take to administer basic medical care while you wait for help to arrive.

Even if no one’s injuries are life-threatening, you should still call 911 while you are at the scene of the accident. It is important that police arrive at the scene and conduct a short preliminary investigation while both vehicles are present.

Move Your Vehicle 

If instructed to do so by police or/and moving your vehicle is possible and is the safest choice, you should move your vehicle off to the side of the road where it is not at high risk of being involved in a secondary collision. If, and only if, it is safe to do so, consider taking photographs of vehicles in their original positions or leaving your vehicle where it is. The position of vehicles after a crash can provide some clues about how an accident occurred and who might have been at fault. However, leaving vehicles in their original position is not always safe, and therefore this should not be done if there are risks of being hit by oncoming traffic. 

Check for Damages

Once you are in a safe location to do so and you have called the police and are waiting for them to arrive, you should assess for damages to your vehicle and the vehicle of the other driver. If you have a smartphone with a camera, this is the perfect time to whip it out and start taking pictures of your vehicle and the other driver’s vehicle from different angles. You can also check for damages to other types of property, such as a sign that was hit. If you or anyone in your vehicle has suffered any injuries that are visible to the naked eye, you should photograph these as well. 

Gather Evidence While Waiting for Police to Arrive 

As you wait for the police to arrive, take advantage of the time to start gathering evidence. The evidence that is gathered can be crucial to building your claim, proving fault, and proving damages. At the very least, you should document the following:

  • The name and driver’s license information of the other driver
  • The make, model, color, and license plate number of the other vehicle involved in the crash
  • The date, time, and weather and lighting conditions during the crash
  • The names and contact information of any eyewitnesses
  • Where the crash occurred
  • Your version of how you believe the crash occurred

If there are other types of evidence that you can gather, such as photos of skid marks, and your injuries do not preclude you from doing so, you should do this, too.

File the Police Report and Request a Copy  

When the police arrive on the scene, you should file a police report that includes your version of the events. You should also write down the name and badge number of the responding officer and request a copy of the police report for your own records. Note that reporting an accident is also required under the law. 

Get Medical Care As Soon As Possible

If your injuries are serious, it is likely that you will be unable to complete the above actions; you may be too incapacitated to do so. If this is the case, a personal injury attorney/car accident attorney can gather evidence on your behalf at a later date.

If your injuries are not life-threatening or disabling, you still need to seek medical care. Getting medical care may seem unnecessary, especially if you feel fine. However, getting medical care could be critical. Sometimes, certain injuries, like internal injuries and traumatic brain injuries, aren’t always immediately apparent, especially when combined with the shock and adrenaline of a crash. If you don’t seek medical care, you could be putting your own health and wellbeing in jeopardy.

And that’s not the only reason to seek medical care; getting medical treatment may be important later on if you file a claim for injuries. If you don’t seek medical care immediately after a crash and then later attempt to seek compensation for physical injuries from an insurance provider, the insurance adjuster will no doubt question whether or not the injuries actually stemmed from the car accident or something else. Seeking medical care even when you don’t think you’re seriously harmed protects your right to file a claim at a later date should you need to.

Notify Your Insurance Company 

The next thing that you should do is to call your car insurance company and provide them with notice of the accident. From here, your insurance company will conduct an investigation into the crash and will communicate with the other driver’s insurance company too. If you don’t notify your insurance company in a reasonable amount of time, though, it won’t have time to conduct its own investigation and may have grounds to deny your claim as such. We recommend notifying an insurance company of a crash as soon as possible after it happens, preferably within 24 hours of its occurrence. 

Consider Whether or Not You Need an Attorney

At this point, you have done all of the basic foundational steps that are necessary to take after a crash. But there’s still something else to think about: Do you need to hire a Schaumburg car accident lawyer?

Hiring a lawyer is a very personal choice. In most cases, though, hiring an attorney is one way to improve the outcome of your case and get the legal support you need throughout the claims process. You should consider hiring an attorney if any of the following are true:

  • Your damages are severe. If you have been severely injured, working with an attorney is strongly recommended. Not only may your damages total into the hundreds of thousands of dollars (or more) when accounting for the value of your medical expenses, property damage costs, lost wages, and pain, suffering, and emotional distress, but also the more valuable your claim, the more pushback you’re likely to receive from the insurance company. The job of an insurance adjuster is to find ways to reduce the value of your claim and save the insurance company money.
  • Fault is disputed. Illinois is an at-fault car insurance state, which essentially means that drivers who cause accidents are responsible for paying for them. If the other driver was at fault for your accident–and therefore your damages–then they can be held liable for costs that you incur. If fault is disputed, though, then you may be unable to recover the settlement that you deserve, or your claim could be denied altogether. This is a top reason to hire an attorney.
  • The other driver doesn’t have insurance. Even if fault isn’t disputed and all parties agree that the other driver was to blame, if the other driver doesn’t have insurance, you may have a hard time recouping the damages that you’re owed. Your attorney can work with you to explore other avenues of compensation and other methods for having your out-of-pocket expenses reduced–for example, asking a hospital to forgive a portion of your bills.

Call Our Schaumburg Car Accident Attorney Today 

If you’ve been in a crash and are unsure of what to do or whether or not you need an attorney, you can call our Schaumburg car accident lawyer at the office of Claim Your Justice today for a free consultation. We are happy to sit down with you and review your case at no cost, as well as make a recommendation about how you might want to proceed. To learn more, please call us directly or send us a message telling us more about your case online. We are here for you.

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Why You Need A Construction Accident Lawyer For An On-the-Job Injury

Construction Accident

Being a construction worker means constantly being exposed to risks and hazardous situations, ranging from large vehicles to falling objects and more. If you have been injured as a construction worker, you may be facing high medical bills, lost wages, and temporary or permanent disability. As you think about whether to file a personal injury claim, a workers’ compensation claim, or both, it’s important to also consider the value of hiring a personal injury lawyer in Schaumburg, IL.

At the law office of Claim Your Justice, our experienced construction accident attorney can help you to understand your rights, your best options for recovering compensation, and will advocate for you throughout the entire process. Reach our law firm today online or by phone to learn more about your options and how we can help.

Types of Construction Accident Injuries

Our law firm can provide representation for workers injured in a wide array of construction accident types, including:

  • Falling object accidents. Falling objects are a common cause of construction accident worker traumatic brain injury.
  • Slip and falls. When workplaces are not maintained in a safe condition, are wet due to weather events, or when workers are not wearing proper footwear, the risk of a slip and fall increases.
  • Falls from heights. A fall from a height may be the result of a safety breach, such as failing to properly construct scaffolding, failure to wear a safety harness, a slip and fall, etc.
  • Trench collapses. Trench collapses can happen for a variety of reasons, many of which may be unexpected. These include things such as soil that is especially dry, vibrations from nearby construction equipment, and wet weather.
  • Scaffolding accidents. Scaffolding accidents are a leading cause of injury in the construction industry. Improper scaffolding construction, poor maintenance, and inadequate worker training or access to safety equipment can all lead to a scaffolding accident.
  • Motor vehicle accidents. Motor vehicle accidents on a construction site may involve a vehicle involved in the construction project or a third-party vehicle. Speeding, distracted driving, impaired driving, and improper signage all contribute to these accident types.
  • Heavy machinery accidents. Crush injuries from caught-in/between injuries are one of the construction industry’s ‘fatal four’ causes of worker death.
  • Explosions and fires. A worksite explosion or fire can have devastating effects, and workers may suffer disfiguring or fatal burn injuries.
  • Electrocution accidents. Like accidents involving machinery, electrocution accidents are a leading cause of injury and death amongst construction workers.
  • More. If you have been involved in an accident type and have suffered an injury that isn’t listed above, please call us directly. We can review your case free of charge and provide you with the representation you deserve.

What a Construction Accident Injury Attorney Does

Before you decide whether or not you should hire a construction accident/personal injury accident attorney in Schaumburg, it’s helpful to understand what exactly such an attorney does. Here’s an overview of the services that our law firm can provide when you have been seriously injured in an on-the-job accident.

  • Free case review. When you call our law firm, the first thing that we will do is invite you to schedule a free case consultation. During this time, we can learn more about your case and whether or not our law firm is a good fit; you can learn about our lawyer and decide if you want to work with us. Case consultations are offered free of charge and with no obligation to hire our law firm moving forward.
  • Accident investigation. After we have concluded reviewing your case and we have made the decision to work together, the next stage in the process is conducting an investigation into your workplace injury. Our investigation seeks to determine exactly what happened, the precise cause of your accident, and who should be held liable. Even if you are filing a workers’ compensation claim where you do not need to prove fault in order to recover benefits, being able to prove that your accident occurred on the job is still essential.
  • The hiring of experts. To help us investigate your case and prove causation and fault, we may choose to hire experts. For example, an accident reconstruction expert can reconstruct the accident to gain clues as to how it occurred.
  • Building your case/reviewing your options. After we have fully investigated your case, we will make a recommendation about how you should proceed. Depending on the circumstances, this might include filing a workers’ compensation claim or filing a third-party liability lawsuit, or both. We can help you to understand the differences of each and prepare your case appropriately.
  • Filing your claim. We will handle 100 percent of the details associated with filing your claim, including organizing all documents and paperwork, representing you when talking to claims adjusters, and more. We handle your claim so you can focus on your recovery.
  • Reviewing and negotiating your settlement. After you have filed your case, you will likely receive a settlement offer. This is true regardless of whether you are filing a workers’ compensation claim, a third-party liability claim, or both. It is important to have an attorney review your settlement offer as the insurance adjuster often low-balls the first offer. We will review your offer and, if it does not fairly compensate you, we will enter into the negotiations process on your behalf. We will aggressively advocate for your rights to a fair settlement.
  • Filing a lawsuit. While most claims are filed out of court through negotiations, sometimes, a settlement agreement cannot be reached. When this is the case, filing a lawsuit and litigating the case in court may be the best path forward. We will discuss the option of filing a lawsuit with you and can represent you throughout the process if you decide to pursue this opinion. Our law firm has trial experience.

What Happens If I Don’t Work with a Personal Injury Attorney After an On-the-Job Injury?

There is no legal requirement to hire an attorney after being involved in an on-the-job accident and suffering a related injury. However, while you may not be legally required to hire an attorney, working with a lawyer is one way to improve the chances of your case being successful. If you do not hire an attorney, you may face various hurdles and roadblocks, including:

  • A claim adjuster denying your claim
  • A claim adjuster refuting that your injury occurred on the job
  • The insurance company disputing the severity of or the cause of your injuries
  • Your employer threatening to take retaliatory action against you for filing a claim
  • Uncertainty over which type of claim to file or what you have to prove
  • An insurance company low-balling your settlement
  • Missed deadlines, including missing the statute of limitations to file a lawsuit or missing the deadline to appeal a denied claim
  • Intimidation and threats, including an insurance adjuster threatening to offer you nothing if you don’t accept what’s being offered now
  • More

While many of the above actions are illegal or unethical, they do happen. Working with a construction accident lawyer after suffering a personal injury at work is one of the easiest ways to protect your rights and your best interests.

Paying for a Construction Accident Attorney

One objection many initially have with hiring an attorney is the fear that working with an attorney will be unaffordable. Whether you are hiring a personal injury attorney, a workers’ compensation attorney, or someone who works on both case types, it’s important to choose a lawyer who offers free consultations and who always works on a contingency fee basis.

Working on a contingency fee basis means that the attorney won’t ever charge you out-of-pocket or hourly fees; instead, the attorney’s payment is based on a percentage of your winnings. If your case is not successful and the attorney is unable to recover a compensation award on your behalf, you won’t owe the attorney a cent; if the attorney is successful, then you will pay the attorney a portion of your settlement. This way, you’re never having to pay for legal fees out of pocket and are never on the hook for legal fees if you don’t get paid yourself.

Call the Experienced Schaumburg, IL Construction Accident Attorneys at Claim Your Justice Today 

Being involved in a construction accident could change your life. In the blink of an eye, you may suffer an injury that’s not only expensive to treat, but also that leaves you unable to work and earn an income to provide for yourself in the future. This is a shocking and devastating experience for an injured worker and their family.

When you call the experienced Schaumburg, IL construction accident attorneys at Claim Your Justice, we can start working on your case immediately. We’ll treat your case with the level of attention and dedication that it deserves, and always make sure you are a priority. We’ll remain accessible and available throughout every step of the process.

To schedule your free consultation, call our law firm directly today at 847-434-3555 or send us a message here. We are here for you.

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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 preventable and 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 for the 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 the property owner owes no duty to the trespasser but 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 attorneys and the services we offer, please call us directly at 847-434-3555 or send us a message at 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

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 Justice directly. We offer free consultations and can start working on your case immediately. Reach out to us now to get started at 847-434-3555.