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Parking lot pedestrian crashes, even at low speeds, can lead to serious injuries and high dollar claims. Although vehicles move more slowly in parking lots than on regular roads, the tight quarters where pedestrians and cars interact, along with driver distractions and flaws in parking lot design, can result in severe outcomes.
Rear-end collisions are not always as simple as they seem. There's a common misconception that a driver who rear-ends another vehicle is always at fault. In Illinois, this isn't necessarily true. While drivers must maintain a safe following distance and can be liable for accidents caused by failing to do so, not every rear-end collision is solely their fault. Sometimes, the driver in front may share blame.
After an accident in Chicago, you're likely dealing with physical pain, property damage, and mounting stress. When an insurance adjuster calls requesting a recorded statement, your first instinct might be to cooperate fully. However, giving a recorded statement to an insurance adjuster—especially one representing the other party—can seriously jeopardize your claim and your right to fair compensation.
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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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.
Before you can file a medical malpractice claim, you will need to obtain an affidavit from a medical professional stating that he or she believes you have a valid claim and that there has been a violation of the standard of care. The healthcare professional who provides the affidavit will need to review your medical records and then execute the affidavit before a lawsuit can be filed. The medical professional should have expertise in the field of the alleged malpractice.