Illinois Personal Injury Legal Questions

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

It does not sound like you are suggesting a personal injury claim against any party. If you feel you have any such right, you may have missed the limitations deadline. Inquire with an attorney immediately. Otherwise, you may have a contract claim on the policy to cover some of your expenses. Contact the insurer. If they dispute your right to collect, speak with a local attorney to review the terms of the policy.... Read Answer

It is certainly worth a consultation. You would have a claim against the patron. Whether it is worth pursuing depends on the patron, whether anything would be collectible. What is more important is a possible claim against the establishment. There should be coverage for the bar that would cover your claims.... Read Answer

When faced with no insurance, Illinois has a Safety Responsibility law which allows for the suspension of your license unless: 1. You resolve any claim with the other party (for example, enter into a payment plan or reach a lump sum settlement); 2. You file bankruptcy; 3. You prove you had insurance; 4. You show you were not at fault. See the Secretary of State website for more detailed information: http://www.cyberdriveillinois.com/departments/drivers/drivers_license/SR-22_uninsured_crashes/safefinlaw.html.... Read Answer

The employer can face a lawsuit for retaliatory discharge if you are terminated based on the filing of a workers' compensation claim. That said, connecting the two can sometimes be an issue. Most employers understand that workers' compensation is actually an insurance system with a trade off, protecting them from regular, higher cost injury lawsuits, versus providing liability for most injuries regardless of fault. A consultation should be arranged to consider your claim and discuss this aspect of it.... Read Answer

I am sorry for your circumstances. You certainly should arrange a consultation so that a thorough review can be made. Ultimately, a medical opinion will need to be obtained before a case can be filed. The question is whether, in the course of the way things developed, your mother's care fell below reasonable standards. Further, an attorney will need to understand your mother's situation as a result of this and what she went through at the time to determine whether sufficient damages can be requested. Something being missed does not always mean the standard of care was not proper, but certainly you have stated facts that warrant the matter being considered. A malpractice consultation should not cost you or your mother and, if the case is accepted, payment of the legal fees is made from the settlement or award. In order to have the best opportunity to move the matter forward, arrange a consultation soon. Certainly, you need to be aware that there are limitations periods that must be met. Bring any information to which you have access (statements, records in your possession, ...).... Read Answer

I am sorry that you are facing this situation. I do not expect you will be able to get a "yes" or "no" answer within the scope of a site like this. An attorney experienced in dental malpractice cases will need to consult with you, review records and, ultimately, obtain an opinion from another dental professional (which is a prerequisite to filing a claim). The analysis will include, among other things, whether this is an ordinary risk of the treatment, whether the problems can be corrected and whether there is a permanent injury (and the extent of it). An experienced attorney like the one who I usually turn to will have both the experience and the contacts for a proper evaluation of the claim.... Read Answer

There is not any specific deadline, but a gap in treatment opens up arguments that will be used to reduce or defeat a claim. For example, if you have an accident, get checked at the emergency room and are told to follow up with your physician, but then wait months (even weeks) before doing so, it is going to be more difficult to say you were experiencing symptoms and pain and that the need for further treatment is connected to the accident. Similarly, if you leave the scene declining treatment, but then ignore a nagging pain until you can no longer bear it, you make it much more difficult to argue the case on your behalf. You are not prohibited from making the claim, but you can expect arguments against coverage. Your best course is to continue all follow up, reporting exactly the symptoms you are having and following all medical advice.... Read Answer

Yes, if the other driver was at fault, then his insurance should be covering your damages. The question is what the insurance will contest in your trying to make the claim: fault, extent of damages, prior damages. If there was any injury involved, seek treatment and follow recommendations, gather the records, take photos of the scene and vehicles and set a consultation before giving statements.... Read Answer

First, if you have not retained counsel in connection with a workers' compensation claim, you should arrange a consultation promptly. Continue medical treatment as instructed. Refrain from giving any statements. Next, the question of your being fired is more difficult. The employer is prohibited from retaliating against you concerning a workers' compensation claim, but that is not a guarantee of employment. Other factors may allow for the termination. I suggest you prepare notes as soon as possible summarizing how everything came about so that you will be best be able to discuss that during your consultation as well.... Read Answer

The other driver's insurance will pay based on fault regardless your insurance situation. As far as being ticketed for not having insurance, that is something which you will need to address in court, but it should not impact the claim you may have against the other driver and the other driver having insurance coverage. I suggest, however, you speak with an attorney dealing in accident cases as this certainly sounds like a situation in which the insurance adjusters will deny your claim regardless the irrelevance of your insurance situation and argue about the level of fault (based on your car becoming disabled).... Read Answer

Yes, you have a claim, but more information would be needed to evaluate what type of claim. Also, even more so than in most cases, from what you describe, you will not get far without an attorney and anything you say before hiring an attorney may negatively impact the claim. Continue all recommended treatment and arrange a legal consultation right away.... Read Answer

In order to determine whether you could make a claim against the person that caused the accident with your wife, it would be necessary to review all of the facts of the case. Some of the questions would be when was the accident, was there was a police report and if so what did it say, what type of insurance did the other person have.... Read Answer

The determination in workers' compensation is based on the wage rate history and the part of the body injured. A proper recommendation cannot be made without a detailed review of the medical records. What is more important is that settling may be a mistake in your situation regardless how good an offer you get as it would close out rights that may not be addressed through the settlement and which possibly can be preserved. What is absolutely clear is that you would be making a significant mistake proceeding on a claim involving this type of injury, with its likely impact on your entire future, potentially locking out your rights, without an attorney involved.... Read Answer

I am sorry for your tragic loss. I know financial remuneration can never compensate for a life lost and, as such, a discussion of limits, "value" and such are somewhat out of place. Unfortunately, these determinations do come into play and must be addressed. I have to tell you that there are far too many factual details that would have to be covered, insurance contracts to look at, defendant's circumstances to consider, etc., to be able to give you an idea of what may be payable in the circumstances. Yes, there are typically maximums in coverage and reaching those maximums then leads to other questions. Assuming you have an attorney, I suggest a scheduled, sit-down consultation with your attorney, to review the insurance coverage, any other likely source of funds or liability (such as other insurance coverage), the strengths of the case and, if any, the weaknesses, the possible risks and advantages of going to trial, etc. A polite, calm discussion should provide you the reassurance you need (as often good attorneys nevertheless assume you understand the enough about advice being given and need some prompting to communicate more effectively about the case). If you meet with the attorney and remain concerned about the advice, then you should consider a second opinion, but understand that changing attorneys can create new issues (legal work already done by someone else, time constraints of preparing the case, fee splitting, etc.). So, you will find attorneys cautious in taking over a case. If you are working without an attorney, you should immediately reconsider.... Read Answer

There is no set amount for the case you are asking about. The final amount would be determined after reviewing all of the factors in the case. To determine the limits of insurance available for the case, it would be necessary to investigate the limits of the responsible party and see if any other insurance would be available. Thank you for your email.... Read Answer