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Negligent car maintenance is one of the top causes of car accidents in Chicago, Illinois. Negligently maintained cars are likely to have malfunctioned headlights, faulty brakes, worn tires, and faulty steering. These maintenance issues may make the vehicle difficult to control, increasing the risk of accidents and injuries.
Drivers on thoroughfare lanes, the primary roads running through lots, have the right of way over other drivers in Illinois parking lots. So, the vehicles entering the thoroughfare lanes from feeder roads and those reversing from parking spaces are often liable in the event of an accident. Additionally, the Illinois vehicle code prioritizes pedestrian safety in parking lots. Drivers must give way to the pedestrians, even when they are in unmarked crosswalks. The input of an experienced car accident lawyer is instrumental in determining who is to blame for parking lot accidents and ensuing injuries.
What are the helmet laws in Illinois? Illinois doesn't currently have helmet laws in place for motorcyclists, meaning these laws won't directly have an impact on an accident case. However, your decision to avoid wearing a helmet could still affect the outcome of your case, as this gear can greatly reduce the risk of injuries.
If you were injured in a trucking accident in Chicago, Berwyn, Oak Lawn, Cicero, or a nearby community, call the injury attorneys at Lloyd Miller Law for a free consultation.
Call: 773-838-8100
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Like any personal injury lawsuit, you’ll first need to prove that another person or business entity is responsible for your injuries and was negligent. Where a case becomes more complicated for a self-employed person is in the calculation of lost wages. If you work for someone else, either as an hourly or salaried employee, it is rather straightforward to calculate how many hours or days of work you lost due to your injuries and provide a letter stating what regular compensation and bonuses, commissions, or other forms of compensation you missed out on. You can also include any sick, vacation, or bonus days you had to use during your hospitalization and recovery. If you are self-employed, the process becomes more complicated.
Per se negligence laws are a useful tool in a lawsuit when evidence of negligence is harder to acquire. If you are trying to win a slip and fall settlement, for example, your attorney will likely approach the case in a manner that fits a standard negligence case. However, if you’ve been hit by a drunk driver or otherwise injured in a car accident by someone who violated traffic laws and was cited in the process, you may be able to use negligence per se laws to sue for damages due to the injuries you sustained.
Negligence and causation are the primary grounds to sue for emotional trauma under Illinois law. Negligence means that you suffered mentally due to the failure of the other party to perform his or her duty. Causation implies that the negligence or intention of the other party caused your mental suffering.
The value of pedestrian accident claims can vary significantly because each case is unique and different factors are considered. The amount also varies greatly depending on whether the injured person accepts the initial settlement offer from the insurance company or takes the matter to court.
In Chicago, you generally have two years to file a lawsuit for nursing home neglect or abuse. If you fail to take legal action before time runs out, you could lose your right to recover compensation for your injuries.
For elder abuse cases and other types of personal injury claims, the clock usually starts ticking on the day the injury occurs. However, some forms of abuse, such as financial exploitation, or abuse against someone with dementia, take some time to discover. For such cases, the two-year period starts running on the date of discovery.
The clock starts ticking on the statute of limitations when you discover that you suffered harm due to delayed treatment. You can call this the knowledge date. On this date, you discover that you suffered further illness or harm, the harm or progression were significant, and there is a clear link between late treatment and the progression/harm.
There are special cases that extend the time you have to file a lawsuit beyond two years. A good example of these circumstances is when the patient is under 18. In such a case, the two-year litigation window starts ticking when he or she reaches 18.
The process of filing a wrongful death claim in Illinois begins in probate court. Illinois law requires that wrongful death claims be filed by a personal representative. In order to become a personal representative, you must first open an estate in Illinois probate court on behalf of the deceased party.