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The Illinois modified comparative negligence law is instrumental in determining fault in Chicago intersection accidents. This rule apportions a percentage of liability to each driver involved in an accident. A driver who committed a traffic violation by failing to yield to oncoming traffic, speeding through a red light, or failing to maintain a safe driving distance may be found liable. Anyone whose fault is above 50% is barred from recovering damages.
The Centers for Medicare & Medicaid Services (CMS) is moving to terminate its agreement with Southview Manor, citing the facility’s failure to attain substantial compliance with requirements for patient safety and quality of care. Due to this severe regulatory action, the facility will lose its ability to receive Medicare and Medicaid reimbursement, putting its operations, and the future of its residents, in immediate jeopardy.
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.
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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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.
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.