Category: Personal Injury Law

Product liability refers to the liability of any or all parties along the chain of manufacturing or distribution of a particular product for any damage caused by that product. This will apply to the manufacturer of individual component parts, or the assembling manufacturer, the designer, the wholesaler, and even the retail store owner. Product liability covers both the consumer of the product and also anyone to whom the product was given or loaned.

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 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.