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Settlements for car accident cases involving traumatic brain injuries (TBIs) tend to be higher due to the extensive medical care needed, income loss, emotional toll the injuries have on victims, and long-lasting effects that victims may face. The higher compensation amounts for car accidents and traumatic brain injuries reflect the considerable health and financial consequences of these injuries.
Comparative negligence determines how fault is shared among the parties in an accident. Illinois follows a comparative negligence standard known as modified comparative negligence, which determines whether you can recover compensation after a car accident and how much you can recover, based on your assigned percentage of fault. Understanding how comparative negligence works and its implications is key to protecting your rights and maximizing compensation.
Minor car accidents can still lead to major injuries in Chicago because your body isn’t designed to handle even the sudden jolt of a low-impact collision. The forces involved in minor crashes can make your body move in unnatural ways that cause severe injuries, especially if you weren’t braced for the impact. Insurance companies often downplay these injuries. Understanding why and how injuries occur in low-speed crashes can help ensure you protect your health and legal rights.
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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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.
There are four main types of worker’s compensation that you may be entitled to. A Chicago workers’ compensation lawyer can help you understand what type of compensation you are likely to receive, depending on your unique situation. The four main types of worker’s compensation benefits are medical, lost wage, vocational rehabilitation, and death benefits.
Semi-trucks are so much bigger and heavier than passenger cars that the occupant of smaller vehicles are especially vulnerable if an accident occurs. Victims often suffer permanent injuries that impact them for the rest of their lives. The financial burdens that accompany truck accident injuries can easily soar to the hundreds of thousands, or even millions of dollars. Fortunately, accident victims may be able to sue the truck driver, the insurer, the trucking company, and others to recover compensation.
A witness who typically testifies in a wrongful death lawsuit is either an expert or a layperson. Lay witnesses frequently have direct ties to the case and testify based on their personal knowledge. They include witnesses to an accident and people who knew the victim. They do not have any training, special knowledge, or expertise related to the lawsuit.
Bicycle & pedestrian accident lawyers help injured plaintiffs determine when a pedestrian can sue a driver in civil court. Lawyers work to estimate the allocation of fault. If they determine that you, the pedestrian, are less than 50 percent at fault, you may have a good case. You must be injured and have suffered compensable damages.
In trials, juries are the finders of fact and also act to apportion responsibility for the accident. Before proceeding with a case, your lawyer assesses whether you were involved in situations such as jaywalking, walking while seriously impaired by alcohol or drugs, not using a sidewalk when one was readily available, walking along a highway where pedestrians are not allowed, soliciting for donations, crossing against a crosswalk signal, or hitchhiking.