Illinois Personal Injury Legal Questions

As my colleague pointed out, you may have two cases. The first is against your employer for workers comp. The second case may be against the property owner where you fell if your injuries were caused by that property owners negligence. Reach out to a personal injury attorney to evaluate both claims. If you need help finding one, reach out to one of us on this platform. One of us would be glad to help.  ... Read Answer

Short answer:  No   Based on your commentary, you settled the claim.  Most likely, the settlement agreement states you cannot open a lawsuit.  Once the statute of limitations has past, you lose your opportunity to file a lawsuit.  To preverse your rights, you would have needed to file a lawsuit on the final day before the statute of limitations takes effect.  ... Read Answer

Dear Anonymous, Usually in a personal injury contingency matter case the 40% would apply once a lawsuit is filed, hence to answer your question the 40% would kick in before the actual trial but after the lawsuit was filed which would include jury selection, discovery, all other pre trial acitivity. However, if your retainer agreement has the specific language that you listed stating only if the case proceeded to a trial, the 40% would not apply before jury selection, discovery, and everything else that would take place between the time a lawsuit is filed and the trial takes place. The 40% would apply only if the case went to a Trial.   Hope that helps.  ... Read Answer

It is not too late to seek legal representation in connection with your accident claim. Illinois has a two-year limit (Statute of Limitations) for filing a lawsuit for an injury claim, although you generally would not want to wait that long to contact an attorney. It is significant in your case that you went to the emergency room after the accident.... Read Answer

Your wife may have a workers' compensation case, due to the fact that the doctor says that her injuries are work related. It is important to consult with an attorney immediately, since there is a time limit for filing a workers' compensation case. If your wife wins the case, the insurance company for her employer would have to pay for all of the reasonably related medical bills, her time off from work, and for a settlement bases upon the severity and permanence of her injury.... Read Answer

You should take action right away, because you only have a limited amount of time to file your case. Your current lawyer may or may not have filed your case. You have a right to consult with or hire a new attorney, and your prior attorney would be entitled to a lien on the case for the time that he actually spent working on the case.... Read Answer

Contact a lawyer immediately. You should have a copy of the police report by now, or someone should get it on your behalf. The problem in serious cases like yours is collecting your damages. Drunk drivers rarely have enough insurance or assets to satisfy a judgment, and every day that you delay is another day they can use to hide the assets they have.... Read Answer

Worker’s compensation is a specialized practice of law, so you should really call a comp lawyer. If you were in the “scope of employment” you have a compensation case. It sounds to me like you were in the scope of employment, but like I say, check first with a worker’s compensation lawyer.... Read Answer

I am sorry you are facing difficult times and a painful injury. It is not clear that there is anything that you can do, but you would get better advice in a consultation with an attorney, during which the facts can be better covered. Among other considerations, if this accident happened during the course of your employment, then you may have a workers' compensation claim regardless of fault. Also, if you have any short-term disability coverage, through your employment or otherwise, you should look into it. If there is not any basis for those claims, then it may be that anything beyond the auto coverage for medical bills will have to go through your health insurance or be paid out of pocket. If this causes substantial financial hardship, bankruptcy may be a consideration.... Read Answer

Without a thorough review, it will be difficult for attorneys to give you solid advice, but it sounds like the immunity enjoyed by school districts has been recognized in the decision of the court, but it has been made clear that you may proceed against the individuals involved. Generally, to hold the district responsible, the extent of the proof has to be beyond mere negligence, to the standard of "willful and wanton" conduct. Your best advice is to review the details of the judgment with your attorney (who is in the best position to explain everything in the context of the claim). If you have been proceeding without an attorney and the claim may be of sufficient value for attorney consideration, then you should immediately arrange a consultation as the time to enforce your rights may be expiring anytime, in all events, but particularly if an appeal of the judgment is a consideration.... Read Answer

Your parents are the ones who have suffered damages to their car. They would be the proper party, but that does not preclude you from being a primary witness. Have your worked through their own insurance carrier? Are there any cameras in or near the intersection that may allow video to be pulled by one party or the other? Did any witnesses step up? While it should not be the case, /per se/, I would be concerned that the bus driver will be given more credibility than a young driver. That is just being realistic as to the risks you take going to court. If your parents can get the offer increased, it should be given careful consideration since lawsuits are a lesson in uncertainty.... Read Answer

You have a case, but it is too early to assess whether it is worth pursuing. Dental malpractice, unfortunately, is seldom pursued because the cases involve complexity and an insurer willing to provide a lengthy defense, with damages that (as painful and inconvenient as they may be) usually do not warrant the work that a attorney would need to put into the claim. There are a few attorneys I would consider that have experience in these types of cases, but you should continue the recommended course of treatment to remove the object and get copies of the records from the two new dentists before arranging a prompt appointment. Have the surgeon retain the object for you and ask for a treatment plan going forward. Keep a brief journal of your appointments and how the treatment is limiting your life activities (such as having to take several days off work, missing children's activities.... Read Answer

As far as your employer, yes, you are likely limited to workers' compensation. The question is whether you would have a third-party claim. Was this manhole something that was at your place of employment? Was anyone else responsible for its condition? Is there any argument it was defective? Regardless, there is not any way you will do well without counsel. Your fees on the workers' compensation aspect are set by statute and you are highly encouraged to have representation from the outset since each statement you make, each doctor's visit, ..., will impact your ultimate claim. Pull together your records as best you can. If it is possible to photograph the site of the manhole from various directions and angles, you should do so. If possible, include daylight pictures, as well as pictures that would show similar lighting and weather conditions to what they were at the time of the accident. Set a consultation. In analyzing your workers' compensation claim, other possible claims will be considered. One will, however, offset against the other. So, you would gain something if you are not limited by the structure of workers' compensation, but you will not be collecting from two different sources without an adjustment.... Read Answer

You would be best advised to consult with an attorney before your claim is compromised. The insured's non-cooperation can lead to issues that you would prefer to head off. The importance of representation is particularly true if you are concerned with a personal injury claim and not just a property damage claim. If it is an insignificant matter, then putting everything through your own insurance would be the best course.... Read Answer