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When Should You Hire a Workers’ Compensation Attorney?

Wed, 20 Sep 2023 19:04:45 GMT

When you get injured at work, you may be eligible for workers’ compensation under the law. Unfortunately, navigating the legal landscape of workers’ compensation in Illinois can be too overwhelming and complicated, especially when done without legal help.

If that sounds like your situation, you might want to work with an experienced attorney who is familiar with workers’ compensation laws in Illinois. The attorney you hire will be your ally throughout your case and will help you fight for your rights to secure the compensation to which you are entitled.

At James P. Leahy Attorney At Law, I understand the challenges injured workers face when trying to navigate the complexities of the workers’ comp system. I am dedicated to ensuring the best outcome possible for those injured on the job in Elgin, Illinois, and throughout the surrounding areas, including Kane County, St. Charles, and Aurora.

Why You Need a Workers’ Comp Lawyer

Being represented by a workers’ compensation attorney can make it much more likely that you will receive the benefits you deserve. Some of the reasons you might want to consider hiring an attorney for your workers’ compensation case include:

The legal process can be too complicated. If you have never filed a workers’ comp claim before, you are most likely completely unaware of the process. You may not know how to file a claim and what paperwork is necessary, not to mention that there are many important deadlines to consider when navigating the process. A skilled attorney can guide you through the process, ensure that the paperwork is prepared correctly and filed on time, and ensure all deadlines are met to avoid delays and complications along the way.
Dealing with the insurance company may be the most difficult and unpleasant part. An insurance company is a business that cares about saving as much money as possible. This can be done by undervaluing and denying claims whenever possible. For this reason, insurance companies are reluctant to let claimants get the benefits to which they are entitled without putting up a fight. The best signal to the insurance company that you will not settle for less than you deserve is if you are represented by an experienced attorney.
Your case may proceed to trial. Sometimes, workers’ compensation cases cannot be resolved through negotiations outside of court. When that’s the case, a claim may proceed to trial where you will be required to present your case in the courtroom. The importance of having legal representation at this stage cannot be overstated. An attorney will help you navigate the court system and ensure that your rights and interests are protected to the fullest extent possible.

If you have been injured in the workplace or developed a work-related illness, you might want to reach out to a knowledgeable workers’ compensation attorney to begin working on your claim right away.

When You Should Hire an Attorney

While it is always a good idea to retain the services of a skilled workers’ compensation attorney, there are certain situations that call for immediate intervention from an attorney:

Your claim is denied. Insurance companies may deny workers’ compensation claims for a variety of reasons. With an attorney in your corner, you may be able to challenge the denial of your claim.
You are being asked to provide a recorded statement. Insurance companies may ask claimants to provide a recorded statement when processing their workers’ comp claim. The only reason they do this is to try to find inconsistencies in your statements or something that would give them grounds to undervalue or deny your claim.
Your employer retaliates against you or threatens you with retaliation. If your employer has retaliated against you or is threatening to undertake retaliatory actions if you file a claim for the benefits to which you are entitled, you might want to contact an attorney to protect your rights.
The severity of your injury or disability rating is disputed. If your disability rating is being disputed by your employer’s insurance company, it is a tell-tale sign that the insurer may not be willing to compensate you fairly or award any benefits at all.
You suffered temporary or permanent total disability. Workers’ compensation claims involving temporary or permanent total disability are the most complicated and costly ones. For this reason, insurance companies often employ numerous tactics to delay, deny, or reduce the claimant’s compensation in such cases.

As a general rule, if you face any resistance from your employer’s insurance company after filing a workers’ compensation claim, it is most likely a good idea to contact an attorney immediately. The sooner you hire an attorney, the better your chances are of obtaining the most favorable outcome.

Choose an Attorney Who Cares

Navigating the murky waters of workers’ compensation on your own can be complicated, especially when you need to focus on healing from your work-related injury. However, you do not have to go through this alone. At James P. Leahy Attorney At Law , I help Illinois workers secure what is available to them under state workers’ compensation law. Contact my office to schedule a free consultation and discuss how I can help you with your claim.

What Benefits Are Available Through Workers’ Compensation?

Tue, 29 Aug 2023 10:27:34 GMT

Workers’ compensation insurance is one of the most significant benefits that employees have in the modern workplace. However, even though they may know they’re covered by a policy, many people don’t know how to file a claim or don’t know what benefits are available to them if they do become injured. If you or a loved one has been hurt, it is essential to understand your rights, so you can take your next steps toward healing.

One of the best places to start is by calling a workers' compensation attorney in your area. If you’re in Elgin, Illinois, or the surrounding areas—including Aurora, St. Charles, and Kane County— contact me, James P. Leahy Attorney At Law, to get started .

Workers’ Compensation Benefits in Illinois

Nearly every state in the country has some sort of workers’ compensation insurance that employers have to comply with. In Illinois, this means that almost all employees are covered because employers who have just one employee (even a part-time employee) are required to carry it. The only exceptions are those who are sole proprietors, corporate officers, or members of an LLC. Workers’ comp is available starting on the very first day of your employment, and there is no waiting period for coverage to kick in.

This type of insurance is intended to cover any expenses that stem from a job-related injury or illness. Importantly, this includes accidents that were the fault of the employee (with few exceptions). For example, if it was found that the employee was impaired on drugs or alcohol at the time of the accident, then workers’ comp would not cover the damages. It does cover both traumatic injuries due to a one-time accident as well as cumulative injuries or illnesses that worsen over time (e.g., carpal tunnel, hearing loss, exposure injuries, or even mental health injuries).

Applying for Benefits

The basic process of applying for workers’ compensation benefits is the same in most states, but you will need to be aware of your state’s statute of limitations and what to do if a workers’ compensation claim is denied.

You must report your injury to your employer within 45 days of the accident; however, you are permitted to get medical attention first.
After you report, your employer will help you fill out claim forms and may ask you to see a different medical provider. It’s essential that you attend all medical appointments and follow through with treatment plans.
You should then contact a workers’ compensation attorney who can assist you with your claims and fight for the compensation you deserve. This is especially true if you have a complicated case or if you have already received a workers’ compensation denial or Notice of Controversion.

Determining Factors in Receiving Workers’ Comp Benefits

The amount of your workers’ compensation settlement offer will depend on a few factors:

Your current wages: Typically, Illinois workers’ comp pays ⅔ of your average weekly wage base for the duration you’re out of work.
The type of injury: In general, the more serious the injury, the more money you’ll receive.
What medical treatments are needed: Injuries and illnesses that require major surgeries or ongoing treatments will typically pay out more and be more complicated to settle.
How long you’ll be out of work: It depends. In some cases, a workplace injury will only prevent you from working for a short period of time. In others, your injury may not allow you to return to the same type of work, and you’ll need retraining. Still, in others, you may be partially or permanently disabled and may be due more compensation for this. For those who are permanently disabled, you may decide to pursue a compromise and release agreement which is essentially a lump-sum payment that’s made instead of agreeing to pay ongoing medical care and benefits.

When to Get Help From an Attorney

An attorney can help at any stage in the process, but they can be especially useful if you encounter obstacles along the way. Specifically, they can help you understand the reasons a workers’ compensation claim may be denied, what to do if you get a Notice of Controversion, and how to pursue a workers’ compensation appeal.

In some of the more complex cases, you may be able to request a hearing where you can present your case in front of a judge. Here, a skilled attorney can be an indefensible asset helping to represent your case, advocate for your rights, present evidence, and call up witnesses in an effort to achieve the maximum settlement.

Don't Face This Alone

At James P. Leahy Attorney At Law , I care about your future. If you’ve recently been injured while on the job and are concerned that you may not be getting the compensation you deserve from workers’ compensation, reach out to me in Elgin, Illinois, to schedule a consultation .

Third-Party Worksite Accident Claims

Thu, 13 Jul 2023 10:16:31 GMT

Being involved in a worksite accident can be incredibly frustrating. Luckily, as many workers know, employees who suffer a construction site injury or occupational disease may be entitled to pursue workers' compensation benefits, including compensation for medical bills and lost income. What many employees do not know is that they may also be able to file something called a ‘third-party claim.’

At James P. Leahy Attorney At Law, I have spent my career supporting and representing injured workers throughout Illinois. As an experienced  personal injury attorney , I can investigate all of the facts of your case, identify the liable party, and seek to prove negligence. Additionally, I can help file a third-party claim, fight diligently for your rights, and guide you forward.

My firm proudly serves clients across Elgin and throughout surrounding areas in Illinois, including St. Charles, Aurora, and Kane County. Set up a one-on-one consultation today.

Third-Party vs. Workers' Compensation Claims

When an employee suffers an injury on a worksite, this employee might be able to file a workers’ compensation claim as well as a third-party claim.

Third-Party Claim

You may be aware that if you’ve received workers’ compensation benefits for an injury, you cannot sue your employer for damages related to that injury. But what if your injury was the fault of a party other than your employer? In other words, a third party?

Essentially, a third-party claim is a claim filed against an individual or entity who caused the workplace accident, separate from the employer itself.

Some common examples of third-party claims at worksites could include:

A worker is injured in a traffic crash caused by a negligent driver.
An employee is injured by poorly maintained property at a site that is not owned by the employer.
An employee is injured at work by defective or faulty equipment because the equipment was incorrectly manufactured or designed.

Remember that third-party claims are not directed at your employer. Standard worker's compensation claims may be directed at your employer for injuries suffered due to the negligence of the employer.

Ultimately, the purpose of third-party claims—as well as workers' comp claims—is to help cover the affected employee's medical expenses, lost income/wages, and more. You’ll need a skilled attorney to help you decide whether or not filing a third-party claim is necessary in addition to (or instead of) a typical workers’ compensation claim.

Common Reasons Third-Party Claims Are Filed After Construction Site Injuries

You may file a third-party claim if your construction site accident or injury was caused by any of the following:

Defective or faulty equipment
Inadequate employee training
Safety code violations
Unsafe working conditions
Motor vehicle accidents that occur while on the job.
Inadequate protection at the worksite

Every worksite—especially construction sites—is unique. A knowledgeable lawyer can examine the surrounding circumstances of your injury and help you understand the next steps you ought to take.

Steps to Take After a Worksite Accident

Getting hurt in a worksite accident can be frustrating. Keep in mind that the steps you take—or fail to take—can have a substantial impact on the outcome of your claim, including your third-party claim. Even though you may be feeling physically and mentally overwhelmed, try to take the following steps after a worksite accident:

Stay calm and get to safety.
Find and notify your supervisor or project manager about the worksite accident or injury.
Get prompt medical treatment from an experienced doctor.
File an accident report with the police and with your employer.
Collect and document a copy of the accident report, accident scene photos, witness testimonies, and pictures of your injury.
Document medical reports, medical treatments received, medical expenses, and hospital visits.
Document your personal account of the worksite incident and how your daily life and ability to work have been affected.
Retain an attorney to help file your third-party claim and handle all communications and negotiations with the third party’s insurance provider on your behalf.

An experienced worksite accident attorney can identify the at-fault party, help file your third-party claim, and walk you through the legal procedures involved.

Filing a Third-Party Claim

Depending on the events leading to the worksite accident and other surrounding circumstances, you may file a third-party claim against any of these parties or entities:

A product designer, manufacturer, or seller
A driver or motorist
A contractor or subcontractor
A property owner or construction site owner
An architect or engineer

A dedicated attorney can evaluate every aspect of your case, determine the liable party (or parties), help file your third-party claim, and seek to prove fault.

Proving Negligence

To pursue damages for your construction site injury through a third party claim, you must prove fault and establish negligence by showing the elements below:

Duty – The third party owed you a legal duty of care.
Breach – The third party breached that expected duty by acting recklessly or negligently.
Causation – The third party’s negligence or carelessness caused your injuries.
Damages – You suffered actual harm, bodily injuries, property damages, or other losses as a result of the third party's negligence.

Allow an attorney to help you prove negligence and attempt to recover the maximum possible compensation for your worksite injury. Proving negligence is only required for third-party claims; you do not need to prove negligence when you file a workers’ compensation claim.

How Can Subrogation Apply to Me?

Subrogation allows a workers' compensation insurance provider to take civil action against a third party and recover the monetary compensation paid to the injured worker. Essentially, the insurer may use subrogation for reimbursement of insurance loss from the at-fault third party when:

The direct actions or inaction of the third party caused the employee's injuries.
The employee suffered an injury due to the defective or unsafe conditions of a building owned by the third party.
A defective or faulty equipment or product manufactured, owned, or maintained by the third party caused the worksite accident or worker's injuries.

An experienced lawyer can advocate for your best interests at every stage of the third-party claims process.

Don't Navigate Your Claim Alone

Filing a third-party claim may certainly be an option for you after you’ve suffered an injury in the workplace. However, these kinds of claims can be complex. Reach out to an experienced  personal injury attorney  in order to protect your legal rights.

At James P. Leahy Attorney At Law, I have devoted my career to guiding clients through challenging times in their lives. As your attorney, I can investigate every aspect of your workplace accident and help determine how you can move forward.

Contact me at James P. Leahy Attorney At Law today to schedule a simple case assessment with a seasoned worksite accident attorney. My firm proudly serves clients across Elgin, St. Charles, Aurora, and Kane County, Illinois.

What if My Workers’ Compensation Claim Gets Denied?

Thu, 01 Jun 2023 10:04:45 GMT

In Illinois, employees who suffer work-related injuries or occupational diseases may be entitled to pursue workers' compensation benefits through a claim. However, the insurance provider may deny your claims due to a different number of reasons, including late reporting, delayed filing, or inadequate evidence. Thankfully, you may be able to appeal your denied workers' compensation claim and recover your deserved benefits.

At James P. Leahy Attorney At Law, I have the diligence and skill to advise and guide employees in their workers' compensation appeals. As an experienced Illinois workers' compensation attorney, I can investigate the reason for the denial and enlighten you about the next steps to take. In addition, I will advocate for your best interests and help you negotiate the maximum available benefits. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

Reasons a Workers' Compensation Claim May Be Denied

If your workers' compensation claim is denied in Illinois, the first thing is to identify the reason for the denial. Here are some common reasons why workers' compensation claims may be denied:

Failure to report your injury or illness in time.
Failure to file your claims in time.
The accident occurred outside of work or due to horseplay.
The accident occurred while you were under the influence of drugs or alcohol.
Misrepresentation.
You didn't meet the eligibility requirement for workers' compensation claims.
Your employer disputes your workers' compensation claims.
The insurer wants to carry out further investigation to validate your claims.
No medical records or documentation to support your claims.
Delaying for failure to seek immediate medical attention after the workplace accident or injury.
You were not treated by an approved or qualified physician.
Your injuries or illness are related to a pre-existing health issue.

Furthermore, if the insurance provider or your employer denies your workers' compensation claims, you will receive a Notice of Denial. This denial notice indicates that the insurer has denied your benefits and the reason for the denial. This is also referred to as a "Notice of Controversion" for federal claims and in other jurisdictions.

Notice of Controversion

A Notice of Controversion or Notice of Denial is a written notice that the insurance carrier or employer disputes an employee's right to seek workers' compensation benefits. Under the Illinois Workers' Compensation Act, the written notice must indicate:

the reasons for the denial of your claim; and,
a deadline for filing your appeal.

If you have received a Notice of Denial from the insurance provider, you need to reach out to a skilled workers' compensation attorney immediately. Your lawyer can carefully evaluate the reasons for the denial and decide the best way to proceed with your appeal.

What to Do If a Workers' Compensation Claim Is Denied

If your workers' compensation claim has been denied in Illinois, you're within your right to appeal the decision. Follow the steps below to file an appeal for your denied workers' comp claims:

Retain an experienced lawyer for proper guidance and to help file your appeal.
File an Application for Adjustment of Claim with the Illinois Workers' Compensation Commission (IWCC).
File a petition for an immediate hearing. Alternatively, you can seek a hearing with the arbitrator appointed by the IWCC.
If you're unsatisfied with the arbitrator's decision, file a petition for review within 30 days of the arbitrator's decision.
Upon appeal, a three-person panel of IWCC commissioners will assess your petition to decide if the arbitrator made a legal error. An IWCC hearing might be scheduled to hear your case.
At the IWCC hearing, the commissioners will listen to oral arguments, review evidence from both parties, then issue a verdict. It may take up to 60 days to know the outcome of your appeal.

A knowledgeable workers' compensation attorney can help file your petition, prep you extensively for the hearing, and walk you through every legal phase of the appeal process.

Accepting a Settlement

Additionally, you may be able to settle your workers' compensation claim by negotiating a settlement with the insurer. Depending on the outcome of your claims or appeal, the workers' compensation insurance company might offer you a settlement—either a structured payment plan or a lump-sum payment. The settlement will cover your medical bills, lost wages, legal fees, and disability benefits.

However, before accepting the insurer's settlement offer, be sure to consult with your lawyer. Your attorney can help review the settlement offer, ensures that it covers all your on-the-job injuries, damages, and losses, or attempt to negotiate an improved settlement.

Speak With a Workers' Compensation Attorney Today

Unfortunately, not all workers' compensation benefits are approved by the insurance provider. Regardless, just because your claims were denied doesn't automatically mean that should be the end. At James P. Leahy Attorney At Law, I'm committed to offering experienced legal services and guiding clients through the complexities of filing workers' compensation appeals.

As your legal counsel, I can evaluate the reasons for the denial, enlighten you about your possible legal options, and determine the best course of action. In addition, I will help file your appeal, provide substantial evidence to establish your claims and represent you diligently during the legal process. Above all, I will keep fighting for your appeal right and help you recover your rightful workers' compensation benefits.

Contact me at James P. Leahy Attorney At Law today to schedule a simple case assessment with a reliable workers' compensation lawyer. I can offer you the personalized guidance and advocacy you need in your workers' comp appeals. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

What to Do as an Injured Passenger

Mon, 08 May 2023 09:47:36 GMT

When most people think about car accidents, their first reaction is to think about drivers. However, we generally overlook the injuries and deaths that occur among passengers. According to data from Forbes, 5,966 passengers lost their lives in motor vehicle accidents in 2020. This figure underscores just how often passengers are also unfortunate victims of accidents.

At my firm, James P. Leahy Attorney At Law, my mission is to help car accident victims in Elgin, Illinois, get the legal representation they deserve. I strive to put my years of legal experience at the service of communities throughout Aurora, St. Charles, and Kane County, as victims seek fair compensation to recover their health and well-being. You can count on my personal attention as we fight for your rights.

Fault Determination in Illinois

Illinois is known as an at-fault insurance state. This means that victims can seek compensation to recover expenses for car accident injuries as a passenger, such as medical bills. Under Illinois law, the fault for a car accident is typically determined by examining the actions of all involved. If a passenger is injured in an accident, they may have a claim against the driver of the car they were riding in, as well as any other drivers who were at fault for the accident.

Illinois law requires all drivers to carry liability insurance to cover damages they cause to others in an accident. This insurance may cover medical expenses, lost wages, and other damages suffered by passengers in the accident. In addition, passengers may be able to file a personal injury lawsuit against the driver(s) responsible for the accident to seek additional compensation.

Filing a Claim in Illinois

In Illinois, car accident passengers may have several options for filing a claim after an accident, depending on the circumstances of the crash and the extent of their injuries. The following options are useful for paying for medical bills resulting from the car accident, among other types of compensation:

Filing a claim against the opposing driver. If the driver of another vehicle caused the accident, the passenger might be able to file a claim against that driver’s insurance company. This situation is often the case when the other driver is clearly at fault and their insurance policy provides coverage for the passenger’s injuries.
Filing a claim against the driver of the car they were riding in. If the driver of the car the passenger was riding in caused the accident, the passenger may be able to file a claim against that driver’s insurance company. This case can be a more complicated situation, as the passenger may be hesitant to file a claim against their friend or family member who was driving. However, it’s important to remember that the driver’s insurance policy is designed to cover injuries sustained by passengers in their car.
Filing a claim with their own insurance. If the passenger has their own car insurance policy, they may be able to file a claim under their policy’s uninsured/underinsured motorist coverage. This type of coverage is designed to protect drivers and passengers involved in an accident with an uninsured or underinsured driver. It may also provide coverage if the at-fault driver’s insurance policy is insufficient to cover the passenger’s injuries.

Injured car passengers are encouraged to speak with an experienced personal injury and car accident attorney to determine their rights and options before accepting an offer from an insurance company. Insurers generally attempt to lowball accident victims. An experienced attorney can help victims get the compensation they deserve.

Passenger Liability in Illinois

In Illinois, the percentage of fault of each party involved in a car accident can affect the damages awarded. If a passenger is found to be partially responsible for the accident, their damages may be reduced in proportion to their degree of fault.

Here are some examples of situations where a passenger may be found partially responsible for a car accident:

Distracting the driver. If a passenger distracts the driver, such as by engaging in conversation, playing loud music, or using a cell phone, and the distraction leads to an accident, the passenger may be found partially at fault.
Not wearing a seatbelt. Illinois has a mandatory seatbelt law, which means that all motor vehicle occupants must wear a seatbelt. If a passenger is not wearing a seatbelt and is injured in an accident, their damages may be reduced if it is determined that their injuries would have been less severe if they had been wearing a seatbelt.
Encouraging reckless driving. If a passenger encourages the driver to engage in reckless behavior, such as speeding or running a red light, and an accident occurs, the passenger may be found partially at fault.

A skilled personal injury attorney can help passengers understand their legal rights and liability following an accident.

Do I Have to Use My Own Health Insurance?

Call James P. Leahy Attorney At Law today to speak with an attorney that will have your back the whole way. You deserve to get the attention your need when seeking fair compensation throughout the claims process as a passenger. I’m here to help you through this difficult time. Don’t go at it alone.

Who Will Pay My Medical Bills After an Accident?

Mon, 10 Apr 2023 09:44:23 GMT

An accident can result in minor or severe injuries, hospitalization, or temporary or permanent incapacitation. Depending on the severity of your injuries, getting proper medical treatments can be quite costly. If you or someone close to you were injured in a negligent accident, you are entitled to seek fair financial compensation to cover medical bills and other damages.

At James P. Leahy Attorney At Law, I give comprehensive legal advice and skilled representation to clients in their accident claims. As an Illinois personal injury attorney, I can analyze the facts of your situation and determine options to recover damages for your medical expenses. My firm proudly serves clients across Elgin, Illinois, and throughout the surrounding areas, including Aurora, St. Charles, and Kane County.

Understanding Liability for Auto Accidents in Illinois

Illinois is an at-fault or tort state for auto accidents. According to the state's at-fault laws, the driver who caused the traffic crash (the at-fault party) will hold financial liability for your medical bills, property damages, and other accident-related losses. In order to pursue damages, you can proceed by:

Filing a first-party claim with your own insurance carrier.
Filing a third-party claim against the insurance provider of the at-fault party.
Filing a personal injury lawsuit party the at-fault driver in civil court.

In order to protect individuals involved in the auto crash, Illinois law mandates every driver to have an insurance policy to help cover the costs incurred as a result of injuries and damages in a traffic crash.

Illinois Insurance Requirements

Additionally, motorists in Illinois are required under the law to have liability insurance with the following coverage limits:

$25,000 for bodily injury or death per person in a single accident
$50,000 for bodily injury or death to two or more people in a single accident
$20,000 for property damage in a single accident.
Uninsured/underinsured motorist coverage of $25,000 for bodily injury per person and $50,000 for total bodily injury per accident.

If you or a loved one were hurt in an accident, you should get in touch with a highly-skilled car accident attorney immediately. Your legal counsel can review every detail of your case and help pursue your rightful financial compensation.

Will My Car Insurance Cover My Medical Bills?

Yes, when involved in an accident, your car insurance policy will cover your medical expenses up to the policy’s coverage limits. However, if you’re able to prove that the other driver was at fault for the accident, you can file a third-party claim against their insurance coverage. This way, you can recover compensation to cover your medical bills, lost wages, attorney fees, future medical treatments, and other available damages.

Do I Have to Use My Own Health Insurance?

Essentially, your own health insurance coverage remains the first and best option for you to settle your medical costs as soon as possible. However, the health insurance may not be enough to cover all of your medical treatments, including emergency room visits and follow-up treatments. Once you receive the initial treatments, you can file a personal injury claim against that at-fault driver’s liability insurance coverage.

What If I Don’t Have Health Insurance?

After an accident, you will be the one responsible for your medical bills initially. However, various issues often arise if the injuries are serious and the victim doesn’t have enough money to cover the hospital bills. Unfortunately, you may be unable to purchase health insurance coverage after the accident.

Rather, you can visit your state's Medicaid office to know about your eligibility for Medicaid. If you’re eligible, Medicaid will cover your medical expenses. Additionally, you can recover financial compensation for your medical bills, ongoing treatments, and other damages if you’re successful with your injury claim or lawsuit against the at-fault party.

Fight for the Compensation You Deserve

Getting hurt in an accident is an unsettling experience and will affect your physical, financial, and emotional health. However, you don’t have to face the challenges and financial liability alone. If you were injured in an accident caused by a negligent party and are concerned about who will pay your medical bills, talking with a trusted personal injury attorney is vital for clear direction.

At James P. Leahy Attorney At Law, I have all the resources to provide for the best interests of accident victims and their families. As your lawyer, I can assess every detail of your accident case and determine the best way to proceed with your claims. In addition, I will continue fighting for your legal rights and help you seek fair financial compensation to cover your medical expenses, lost income, future medical treatments, pain and suffering, and other possible damages.

Contact me at James P. Leahy Attorney At Law, today to speak with a reliable car accident lawyer. I have the compassionate representation you need in your accident claims. My firm proudly serves clients across Elgin, Illinois, and throughout the surrounding areas, including Aurora, St. Charles, and Kane County.

Suing for Damages in a Construction Site Accident

Fri, 17 Mar 2023 09:41:14 GMT

Every day, lots of construction projects are being executed in Illinois and across the United States. However, where there is construction, workers and other individuals on the worksite may be exposed to site accidents and other hazards. Under Illinois laws, a person injured in a construction site accident may be eligible to seek damages through a claim or lawsuit.

For more than 45 years, I have devoted my career to handling personal injury cases and representing clients in their construction site accident claims. As an experienced Illinois personal injury attorney , I can review every aspect of your personal situation, explore your options to recover damages, and help you seek the financial justice you deserve. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

Common Causes of Construction Accidents

Here are some of the most common causes of construction site accidents and injuries in Illinois:

OSHA's Fatal Four hazards – struck by an object, falls, caught in/between situations, and electrocution (electrical exposure).
Unsafe or defective equipment
Collisions with support beams
Inadequate protection for site workers on elevated structures or trenches
Tripping hazards from debris, rubble, and other construction materials
Missing protection or guards on power tools
Poorly constructed scaffolding
Inadequate safety precautions when working close to power lines
Unsafe conditions of the property or construction site

An experienced Illinois construction site accident attorney can review every aspect of your case and determine the possibility of suing for damages.

When Can You Sue for Damages for a Construction Site Injury?

Furthermore, you may be able to sue the responsible party for your construction site accident or injury if the incident happened due to any of the following reasons:

You were injured by the negligent workers of the construction company.
Your employer didn't adhere to the necessary safety requirements.
The property owner didn't warn you about the unsafe condition of the building.
You were injured by faulty, defective, or unsafe equipment.
You were injured by a third party, such as a subcontractor.

If you or a loved one were hurt in a construction site accident, you should get in touch with a highly-skilled personal injury lawyer right away. Your legal counsel can work to identify the at-fault party and help determine the best course of action.

Who Can Be Held Liable?

Depending on the surrounding circumstances of the construction site accident or injury, any of the following parties or entities may be held responsible:

The property owner
The construction company
The contractor or subcontractor
Equipment, machine, or parts manufacturer
The architect
The building engineer
Construction workers
The government or municipality agency responsible for maintaining the building

A trusted lawyer can help determine the liable party, pinpoint your available options for recovering damages, and help you pursue the maximum possible damages for your injuries.

Suing for Damages in a Construction Site Accident

Additionally, Illinois operates using the "modified comparative negligence" system, with a 51% bar. Under the system, an injured person will be eligible to recover damages if the other party was found to be mostly (51% or more) responsible for the construction site accident or injury. However, the total compensation that the claimant may recover will be reduced by their fault degree.

For instance, if the court awarded $90,000 in total damages against the at-fault party but found you to be 10% responsible for the worksite accident, your compensation would be reduced by $9,000. You will only receive 90% of $90,000 ($81,000). According to Illinois's modified comparative negligence rule, you will be barred completely from seeking damages if you were mostly (51% or more) at fault for the construction site accident or injury.

Can a Family Member Sue for Wrongful Death?

However, when a construction site accident causes the victim's death, their surviving loved ones may be entitled to seek wrongful death benefits. According to Illinois Wrongful Death Act, only the personal representative or executor of the decedent's estate may bring a wrongful death claim.

Also, the compensation received must be for the exclusive benefit of the decedent's surviving spouse and next of kin. A dependable Illinois wrongful death attorney can help file your claims and recover the rightful financial compensation for your loss.

Protecting Your Rights Every Step of the Way

Being involved in a construction site accident can be a devastating experience and can affect you emotionally, financially, and physically. Regardless, you don't have to suffer the financial challenges and liability alone. At James P. Leahy Attorney At Law, I provide compassionate representation and reliable legal direction to clients in their construction site accident cases.

As your legal team, I can evaluate the magnitude of your injuries, help establish liability, and walk you through the claims process. In addition, I will fight diligently to protect your legal rights, hold the responsible party accountable, and help you seek fair financial compensation for your injuries, damages, or losses.

If you or someone close to you were hurt in a negligent construction site accident, you may recover damages. Contact me at James P. Leahy Attorney At Law today for legal help. My firm proudly serves clients across Elgin, Aurora, St. Charles, and Kane County, Illinois.

I Was Bit by a Neighbor’s Dog. What Should I Do?

Wed, 08 Feb 2023 09:36:07 GMT

Dog bites and dog attacks are quite prevalent in Illinois and across the United States. Unfortunately, victims of dog bite incidents can suffer minor or severe injuries, including punctured skin, fractures, lacerations, scarring, and infections.

Thankfully, Illinois dog bite laws permit victims to hold the dog owner liable for their injuries and damages. However, seeking compensation for your dog bite injuries can become complex if you were bitten by your neighbor's dog.

At James P. Leahy Attorney At Law, I have the resources and diligence to support and represent clients in their dog bite claims. As a trusted Illinois personal injury attorney, I can evaluate every detail of your unique situation and help you understand your options for pursuing damages. In addition, I will fight zealously for your rights and help you seek your rightful financial compensation. Reach out to my firm in Elgin, Illinois, to learn more.

Dog Bite Laws in Illinois

Illinois is a strict liability state for dog bite incidents. According to the state’s dog bite laws, the owner of a dog would be held accountable for civil damages suffered by a dog bite victim if their dog “attacks, attempts to attack, or injures” any individual peaceably conducting themselves in a place where they can lawfully be.

Hence, a dog bite victim may be eligible to pursue fair compensation for their injuries and damages by filing a claim or lawsuit against the dog’s owner. A seasoned premises liability attorney can assess all of the surrounding facts of your personal situation, enlighten you about the next steps to take, and help file your claims.

What to Do Following a Dog Bite

Being bitten or attacked by a dog can be a difficult and traumatic experience. Regardless, what to do or avoid doing can have a massive impact on the outcome of your insurance claims. Therefore, when attacked or bitten by a dog, you should do the following, where possible:

Safety/Medical Care

After a dog bite incident, you should get prompt medical attention for your health, safety, and well-being. Allow a qualified physician to evaluate the extent of your injuries and provide appropriate treatments. In severe cases, you may be referred to a specialist. The doctor should also diagnose you for infections, including tetanus, sepsis, or rabies.

Exchange Information

Exchange relevant information with the dog’s owner, such as the dog's owner's name, insurance information, phone number, and the dog's vaccination info. In most cases, dog bite claims are paid by the renter’s policy or homeowner's insurance of the dog's owner. Also, you can get the contact details of witnesses.

Proper Documentation

It’s important that you properly document every detail about the dog bite incident and your injuries. Obtain your dog bite report from the police, local animal control, or your doctor. Document pictures of your injuries.

Keep accurate records of all medical reports, treatments, hospital visits, medications, doctor's appointments, and medical bills associated with your injury. Also, you can document your personal description of the dog bite incident and how it has affected your daily life and work.

Hire a Lawyer

Additionally, you should hire an experienced attorney to assist with the necessary steps after the incident. Your legal counsel can review every detail of your case, evaluate the magnitude of your dog bite injuries, and explore your options to pursue compensation.

Your attorney can conduct a thorough investigation, help collect and document evidence, and file your claims against the dog owner’s renter's or homeowner's insurance policy. They can also help negotiate a fair settlement with the insurance provider or, if necessary, file a personal injury lawsuit.

However, there are complex statutes and rules addressing liability in premises liability cases that involve dog bites or dog attacks. Therefore, it is very beneficial to hire a highly-skilled Illinois dog bites attorney for detailed guidance and to help you pursue the financial justice you deserve.

Protecting the Community With Skilled Advocacy

Dog bite incidents are often terrifying and may leave you with physical injuries and mental effects. Regardless, you don’t have to suffer alone. As the leading lawyer at James P. Leahy Attorney At Law, I’ve devoted my career to handling personal injury cases and advocating for the best interests of dog bite victims and their loved ones.

Using my extensive knowledge, I can guide you through the complex process of filing claims. Above all, I will fight compassionately for your legal rights, seek to hold the dog's owner liable, and help you pursue fair financial compensation to recover from the damages you’ve suffered.

Have you been bitten or attacked by your neighbor's dog? Contact me at James P. Leahy Attorney At Law today to schedule a simple case evaluation with an experienced personal injury attorney. My firm is proud to serve clients across Elgin, St. Charles, Aurora, and Kane County, Illinois.

Can I Sue a Business If I Was Hurt on Their Property?

Wed, 18 Jan 2023 09:32:42 GMT

Every day, people leave their homes to run errands. To do this, they need to move in and out of public spaces as well as private businesses. Most of the time, we don’t think twice about these tasks—but what happens if you become injured on a business’s property or public space? And who pays for injuries sustained on public property? Unsafe conditions are all around us and accidents that occur in public spaces or at a business are handled differently than those that occur at a private residence.

For help filing a claim for an injury on public property or learning more about premises liability, call James P. Leahy Attorney At Law. As a premises liability attorney, I’m proud to serve Elgin, Illinois and the surrounding area, including Aurora, St. Charles, and Kane Count.

The Basics of Premises Liability

To understand the criteria for making a personal injury claim, you must first understand premises liability. This legal concept states that the owner of a property can be held responsible for any injuries that occur there. However, there are certain criteria that must be met for a victim to bring a case forward. First, you must be on the property lawfully, meaning you weren’t trespassing and were either invited or on the property to perform a service (such as a handyman).

The property owner’s duty of care is to address any unsafe conditions and ensure any hazards on the property are dealt with. This could mean that the property owner puts up signs to alert a visitor of potential hazards, blocks off an area that could be dangerous, and fixes the unsafe conditions. For example, if someone spilled a gallon of milk at a supermarket, the owner (or manager) would put cones around the spill to let customers know not to walk in the area and then they would clean it up as quickly as possible. Or, if there was a public park that had a broken swing set, they could put fencing around this area and signage telling visitors they were prohibited from using the swing set.

Illinois Business Liability Laws

The state of Illinois also has its own liability laws that work to protect both individuals and business owners. First, to bring a successful claim, you must prove that the business owner had knowledge of the dangerous condition or should have known about the condition and did nothing to address it.

There is also something called the “attractive nuisance” doctrine that puts another layer of responsibility on property owners—but this mainly applies mainly to children who are injured. An example would be a property that had an outdoor swimming pool that would be “attractive” to kids and may entice them to come onto the property illegally. If they were then injured while trying to use the pool, the business owner could be held liable even though the child was technically trespassing. The owner has a duty to mitigate their ”attractive nuisance” and would need to put up fencing to keep children out.

Filing a Personal Injury Claim

Although you can technically file a lawsuit on your own, it’s recommended you work with an experienced personal injury attorney. A skilled lawyer can help you understand how state law supports or weakens your case and can gather evidence and build a case that’s tailored to your specific circumstances.

The first thing you should be aware of is how long you have to file your claim. In Illinois, the statute of limitations is two years after the date the injury occurred. If you fail to meet this filing deadline, then your case will likely be thrown out completely by a judge. Only in rare cases will a judge consider a case submitted after the two years have passed. This typically occurs when the actual injury wasn’t detected until much later or if there were extenuating circumstances that prevented you from filing. Additionally, if you want to bring a lawsuit against a city or county, you have only one year to do this. The best thing you can do to help your case is contact a lawyer as soon as possible so they can ensure all criteria are met and that you stay on top of all deadlines.

Another key concept to understand when filing is comparative negligence. This law states that in injury cases like this, liability can be shared between two parties. Therefore, if you’re seeking damages and the investigation reveals you were partly responsible for the accident occurring, your final payout will be reduced commensurate with your share of blame. For instance, if you were injured at a retail store by slipping on wet floor, but the investigation found you had headphones in and weren't able to hear verbal warnings given to you by an employee, you could hold some liability. If a judge determined you were 40% at fault, then the amount you receive would be reduced by 40%.

Speak With an Experienced Attorney

If you’re in the Elgin, Illinois area and would like to speak with an attorney about a recent injury you sustained while on a business’s property, reach out to James P. Leahy Attorney At Law.

Hurt on a Friend or Neighbor’s Property: Should I Sue?

Tue, 20 Dec 2022 09:30:05 GMT

Whenever you are invited to a friend’s or neighbor’s property for a visit, you probably don’t expect anything bad to happen. You expect the friend or neighbor to keep their property in a reasonably safe condition and warn you of any unsafe conditions or hazards on the property.

Unfortunately, property owners do not always fulfill these expectations, which is why accidents on someone else’s property happen more often than you might think. If you have been hurt on a friend’s or neighbor’s property, you may wonder about your legal options for recovering damages. Should you sue your friend or neighbor? Is there any other (less uncomfortable) option?

If you sustained injuries while visiting someone else’s property (be it a friend or a neighbor), I can help. As a premises liability attorney at James P. Leahy Attorney At Law, I help clients understand their rights and navigate the legal process when seeking compensation for their injuries and losses. With an office in Elgin, Illinois, I also serve the surrounding areas, including St. Charles, Aurora, and Kane County.

Premise Liability in Illinois

The Illinois Premises Liability Act acknowledges the responsibility of property owners and operators to provide a safe environment for licensees, invitees, and any individual who may lawfully visit their property. The property owner’s duty of care extends to keeping their visitors and guests safe from foreseeable hazards.

Common examples of accidents that may lead to a premises liability claim include slip-and-falls, dog bites, third-party violence, collapsing staircases, and accidents involving defective equipment.

The Issue of “Foreseeability”

Whether you can sue the property owner for your injuries that occurred on their property depends on “foreseeability.” If an accident is foreseeable, a reasonable property owner would anticipate its occurrence. For example, if a property owner is aware of his dog’s aggressive tendencies but has the dog off a leash when a friend or neighbor visits, the owner may be held liable for a dog bite because it was foreseeable.

Property owners often try to avoid liability by arguing that the accident was unforeseeable because:

They did not know about the condition; or
They did not realize the condition was likely to cause injury.

Under the premises liability law, foreseeability means that a reasonable property owner should have anticipated the consequences of a particular condition or action (or lack thereof). If you can prove it, you can hold the property owner liable for your accident on their property.

Filing an Insurance Claim

If you were hurt on a friend’s or neighbor’s property, you need to find out whether they have homeowner’s insurance. If they do, you may not have to sue them to obtain compensation for your injuries and losses. When filing an insurance claim, you are not suing your friend or neighbor. You are filing a claim against their insurance company to make the insurer pay for your covered losses.

Once you know the name of the friend or neighbor’s insurance company, you should report your accident to the insurer as soon as possible. If you delay reporting the accident, the insurance company could deny you coverage.

What if Your Friend or Neighbor Has No Insurance?

If your friend or neighbor does not have homeowner’s insurance, things get a little more complicated. If that is the case, you have two options:

Use mediation to negotiate with the friend or neighbor a fair settlement offer to cover your losses (e.g., medical expenses and loss of income); or
File a lawsuit against your friend or neighbor.

Most people would want to avoid the second option at all costs because they may not be comfortable suing their friend or neighbor. If you file a lawsuit, you will have to prove that the property owner (your friend or neighbor) owed you a duty of care and breached a duty of care, which resulted in your injuries and losses.

Comparative Negligence in Illinois

The state of Illinois uses “modified comparative negligence” as the standard for recovering damages. Under this rule, you can file a claim and seek compensation if you are less at fault than the other party. Thus, if your percentage of fault is more than 50%, you will be barred from recovering damages.

If you were partially to blame for the accident on someone else’s property but you were less at fault than the other party, your recoverable damages will be reduced by the percentage of your fault. For example, if you were intoxicated at the time of the accident on someone else’s property, you could be deemed partially at fault, depending on the circumstances of the accident.

Experienced Guidance You Can Depend On

If you were hurt on a friend’s or neighbor’s property, suing the property owner may not be the only option to obtain compensation for your injuries. Fortunately, you may be able to get the compensation you deserve without escalating hostilities between you and your friend or neighbor. Contact James P. Leahy Attorney At Law to receive a free consultation and learn about your options.

Car Accident Fatalities on The Rise in Illinois

Thu, 27 May 2021 09:24:52 GMT

Car accidents are a serious threat that can lead to expensive medical bills or loss of life.

Analysis by the Chicago Tribune indicates that fatalities from car collisions in Illinois rose to a 13-year high in 2020. Here is what you need to know about this worrying statistic.

Who Is Most at Risk?

A car accident can happen to anyone, but some people are more at risk than others.

Many fatal accidents likely involve people engaged in risky behavior like speeding, according to the Chicago Tribune.

Teens are also at higher risk of collisions. The National Safety Council reports that teens account for 3.9% of all drivers but are drivers in 8.6% of total crashes.

How Can You Protect Yourself and Others?

Car drivers should remain alert, follow all traffic laws and stay within the speed limit. Distracted driving is a common cause of crashes, and cell phone use often plays a part. Drivers should utilize hands-free technology or avoid using their cell phones altogether while operating a vehicle.

Pedestrians, motorcyclists, and bicyclists should take precautions, including:

Ensuring they are visible to cars and other vehicles
Following traffic laws and obeying traffic signs
Taking extra caution at night and in inclement weather

The parents of teens should talk with their teenagers about safe driving practices and how to prevent collisions.

Even the most cautious drivers can still be the victim of a car crash. Those involved in an accident may have legal options to pursue compensation for medical bills and other costs.

Repetitive Motion Injuries May Be More Serious than You Think

Tue, 13 Apr 2021 09:21:59 GMT

Job duties that require you to repeat the same motions can make you vulnerable to serious injury. Although a particular motion does not seem like it could cause harm on its own, repeating it continually could put significant strain on your muscles, joints, or tendons.

A repetitive motion injury can cause severe chronic pain and interfere with your ability to work. Here are some of the most important things that you should know about these difficult injuries.

Treatment May Be Complex

An injury that happens over time usually has no quick fix. Ongoing medical treatment may be necessary to prevent an injury from worsening. Occupational therapy may help you preserve your range of motion and avoid aggravating your injury. In some rare cases, people need surgery to correct the issue.

You May Be Eligible for Workers’ Compensation

Some people assume that workers’ compensation only applies to accidents. However, a repetitive motion injury that you sustain on the job will probably entitle you to make a workers’ compensation claim .

You May Need to Petition for Reasonable Accommodation

If you have a repetitive motion injury, it probably does not make sense to resume the activity that caused your injury after your symptoms improve. You may benefit from making a reasonable accommodation request to change the scope of your job duties or use special equipment.

Ignoring repetitive motion injuries is likely to make them worse. Even if you have concerns about how dealing with an injury will affect your employment, put your health first.

Lifting Patients a Common Cause of Injury in Health Care

Thu, 08 Apr 2021 09:18:54 GMT

When you make your living as an Illinois nurse or in a similar health care position, you may have to lift patients regularly as part of your job duties. As the U.S. population ages and American lifespans lengthen, your lifting and patient-moving duties are likely to increase.

Per Health Leaders Media, injury rates in health care continue to exceed national averages. Also, many of the injuries suffered in your line of work are back or musculoskeletal injuries caused by heavy lifting.

Evaluating lifting-related injury statistics

Research shows that there are 75 lifting-related injuries for every 10,000 individuals employed full-time at U.S. hospitals. This is almost twice the rate of lifting-related injuries seen across other industries. While this figure is alarming, so, too, is the fact that the rate of lifting-related injuries seen among nursing home workers is three times the national average.

Reducing Lifting-Related Injuries

There are several efforts health care employers may take to help reduce how many of their workers suffer lifting-related injuries. Patient lifts are becoming more common in hospitals and other healthcare settings and take much of the strain off of healthcare workers. However, the high cost of this equipment means many hospitals are hesitant to put limited funds toward the purchase, particularly those in more rural areas.

When health care workers must lift heavy patients on their own, it not only endangers them but also, the patients they are trying to lift. Thus, it often serves health care employers well to invest in lift-assistance equipment, despite the high price involved.

Legal Experience Brings Better Results

Wed, 10 Feb 2021 09:16:21 GMT

When you suffer an injury or experience a wrongful situation, your first instinct is likely to turn to an attorney for help. But there are many attorneys out there and not all of them have the experience that can yield effective results for your case.

According to the American Bar Association, as of 2018, there were 1,338,678 licensed attorneys in the U.S. To help you find a good lawyer to represent you, make sure your attorney has the experience you need by asking him or her certain questions upon hiring.

What Are Your Case Results Like?

Although an attorney may have worked on many personal injury cases , this does not necessarily mean the case results were overwhelmingly positive. Inquire into the attorney’s rate of success when working on cases.

What Kind of Experience Do You Have in Trial?

Many cases go to court, but not all attorneys have experience in the courtroom. Ask your attorney what his or her experience is like taking different cases to trial.

How Do You Approach Different Cases?

Every legal case is different and so should the approach to resolving it. Talk to your attorney about how he or she approaches cases and adapts based on his or her experience in the field.

Effective attorneys are constantly adapting and changing to meet the demands of their caseloads, drawing upon past experience. Before you work with an attorney, do your research into his or her experience and what this experience looks like to ensure your case will receive the attention it deserves.

3 Social Media Posts that May Complicate Your Injury Case

Tue, 05 Jan 2021 09:13:44 GMT

If you suffer an injury, your first instinct may be to notify your social media followers. After all, Facebook, Twitter, Instagram, and other platforms offer an easy way to communicate with friends, family members, and even strangers with just a few clicks.

Unfortunately, your social media posts may also complicate your personal injury case. Staying away from social media until your personal injury matter concludes may make the most sense. If doing so does not seem practical, you should avoid certain types of posts. Here are three social media posts that may be problematic.

1. Apologies

You generally should not apologize after sustaining an injury in an accident. Even if you are just trying to be polite, an apology may come across as acceptance of fault. Consequently, you should not post anything on social media that accepts blame or apologizes for either the accident or your injuries.

2. Physical Capabilities

A car crash, dog bite, or slip-and-fall accident may leave you with a variety of serious and life-altering injuries. If your social media posts make you appear happy and healthy, the person who caused your injuries may use your posts against you. This may be true even if you are merely acting better than you feel .

3. Contradictions

When you are pursuing compensation for your injuries and other damages, an attorney can help you craft your testimony in a meaningful and useful way. If your social media posts contradict this testimony, a judge or jury may not find you credible.

Insurance adjusters also look for contradictions. Accordingly, you can expect the insurance company to mine your social media accounts for any information it can use to deny your claim.

3 Questions to Ask a Prospective Personal Injury Attorney

Wed, 16 Dec 2020 09:11:41 GMT

If you have sustained a serious injury in a car crash, animal attack or slip-and-fall accident, you may be in a great deal of pain. You may also be struggling to pay medical bills and everyday expenses. Finding a personal attorney who can help you pursue financial compensation for your injuries from the person who caused them may be high on your to-do-list.

Not every attorney is a good match for every client. When hiring legal counsel , you should look for a lawyer who understands both the law and your injuries. Your attorney should also advocate for your legal interests. Here are three questions you should ask any personal injury attorney you are considering retaining.

1. What Are My Chances of Success?

Because every injury case is different, your lawyer should not promise you success. Still, he or she should review the facts of your case and give you an honest opinion. This may require earnestly explaining both the strengths and weaknesses of your matter.

2. How Often Will I Hear from You?

Personal injury matters usually may take some time to resolve. Nevertheless, your attorney should not be hard to reach. At a minimum, your lawyer should be available to answer your questions, explain your options and provide regular updates.

3. How Does Your Fee Agreement Work?

Your personal injury attorney probably works on a contingency basis . This means your lawyer does not bill you for legal services unless he or she recovers financial compensation on your behalf. You still may be responsible for ancillary expenses, such as filing fees or investigative costs.

You do not want to be surprised when your legal bill arrives. By understanding the fee agreement before retaining a personal injury attorney, you know precisely what to expect.

Avoid Saying Sorry After an Accident

Wed, 09 Dec 2020 09:05:25 GMT

Experiencing any type of accident is scary. As your first instinct in an overwhelming situation, you may try to apologize to the others involved. In this act of kindness and politeness, you could actually damage your future personal injury case without even realizing it.

However, you can make a big mistake by saying sorry. Your apology after an accident complicates the pursuit of reasonable compensation from the responsible party.

Inadvertently admitting guilt

In the midst of the chaos following the accident, you may think that you caused the accident. However, at this point you do not have enough information to know the complete story to fully take blame. If you apologize to anyone, it could seem as if you admit your guilt.

In the aftermath of the accident, you could have to deal with emergency services personnel so taking the time to apologize could detract from more pressing matters.

Accidentally Accepting Responsibility

The Illinois Code recognizes contributory negligence. This defense to personal injury cases refers to claims where your actions or conduct partially contributed to the damages in the lawsuit. This means that if you were also partially to blame, a judge may reduce the money you recover from the lawsuit in proportion to your contribution of fault in the accident.

Therefore, an apology might seem like you take responsibility for part of the accident and therefore a portion of some of the injuries sustained.

Overall, carefully censoring what you say to others after your accident, including on social media, may help you maximize your chances of getting fair compensation for the accident damages.

What Happens After a Personal Injury Claim Is Over?

Tue, 20 Oct 2020 09:03:27 GMT

If a person, product or business causes you to become injured, you may find yourself struggling to move forward in life. Issues other than medical bills and time lost from work could lie ahead, even after accepting a settlement.

An injury may change your life and prohibit your return to the way things were prior to the accident. In deciding what is just and fair, however, a court’s response to a legal action may consider the full extent of a preventable accident’s continuing effects after the case ends.

Insurance Claim Limitations

Although a commercial, vehicle or workers’ comp insurance carrier may cover medical expenses and lost income, the injury could cause you to give up a meaningful activity, profession or hobby. An injury could also cause harm to your marriage or family life. An insurance company or a workers’ comp claim may not consider these long-term issues.

Obtaining financial compensation for your full extent of damages through a successful personal injury suit may help you adjust to an altered life. This typically requires extended monetary relief and a strong sense of achieving justice regarding the other party’s fault.

Justifiable Punitive Damages

Punitive damages are how courts punish liable parties for causing preventable harm . The mandate to pay a monetary award substantially greater than the actual financial losses sends a message: There exists a duty of care to avoid causing harm to others. This is a primary factor in how courts award damages and assign liability.

Receiving a significantly large settlement may provide a sense of vindication allowing you to achieve closure and move on. While a personal injury claim cannot undo an accident, once the process is over, you can gain the financial and emotional relief of compensation.

Teach Your Kids to Avoid Dog Bites

Fri, 18 Sep 2020 09:00:42 GMT

The likelihood of your child receiving a bite from a dog is much higher than it is for you. This is true for a number of reasons. Children are more likely to misinterpret signs of a dog’s aggression as friendly overtures. They may panic in the face of an imminent threat, which may trigger a dog’s defensive or predatory instincts .

While strange dogs may pose a threat , statistics show that most bites come from an animal the victim is familiar with. You can help prevent your kids from sustaining a bite by teaching them etiquette for interacting with dogs.

How to Play

If you have a dog in your home, you must never roughhouse with it or allow your children to play with the dog too aggressively. Some dogs do not understand you are playing and become scared, while others can become overexcited and carry the game too far. Never allow young children to play unsupervised with a dog, whether it is your own or someone else’s.

When to keep your distance

Some dogs are resource guarders, meaning that they are willing to fight to defend anything that they value highly. Tell your children to leave dogs alone when they are sleeping, eating or caring for puppies. Teach your children to recognize signs of anger or fear in a dog. Explain how these are different from friendly behaviors.

How to Greet a New Dog

Teach your kids to let a dog make the first move rather than approaching it on sight. Dogs gather information about new situations through smell, so tell your children to stay still and allow the dog to sniff. If the dog has had the opportunity to smell and seems comfortable and relaxed, then it should be safe to pet it.

Personal Injury Exceptions to The Statute of Limitations

Sat, 15 Aug 2020 08:38:41 GMT

In legal practice, a “fact pattern” describes a summary of basic facts about a case. When a claim is straightforward, it may be relatively easy to identify the underlying issues and apply relevant legal principles. However, in many cases, extraordinary circumstances exist that may make the case less cut and dried.

This is especially true of the statute of limitations on personal injury claims. While Illinois law imposes a strict general limit of two years from the date of injury to file a claim, there are several important exceptions.

The Claimant Is a Minor

If an individual is under the age of 18 when the injury occurred, the two-year limit does not begin to accrue until he or she reaches majority age. In other words, the law allows those injured as minors to file a claim within two years of their 18th birthday, extending the typical statute of limitations.

The Claimant Suffers from A Legal Disability

The law may also grant a filing extension if the individual suffered from a legal disability at the time of injury, either mental or physical, that prevents him or her from independently handling his or her person and/or estate. In this case, the two-year limit may not begin to accrue until the claimant recovers mental or physical capacity.

The Claimant Discovers the Injury Later

In some cases, individuals may not be aware of the existence or extent of their injuries until weeks, months or even years after the event(s) that caused them. When an injured person discovers the harm done at a later date through no personal oversight, the law may allow them to file a claim within two years of this “date of discovery.”

What Is Fault?

Fri, 26 Jun 2020 08:18:48 GMT

When an accident causes you harm, your thoughts may eventually turn to the issue of recovering for your losses. The question that requires answering is “Who is at fault?” A court’s determination regarding which party has responsibility for causing the harm can affect the outcome when filing a legal action for relief.

The Illinois General Assembly website describes “fault” as an act or a lack of action that is a “proximate cause” of harm to another person or property . If your lawsuit can show how another party caused you harm, your circumstances could meet the standard required for a jury award.

How Do Courts Determine Fault in An Actionable Lawsuit?

The Cornell Law School defines “actionable” as a situation in which the circumstances or facts fulfill the requirements of a legal action to recover damages. This may not always translate into a straightforward process.

The court carefully reviews the facts and evidence to determine the factors that contributed to the accident. The jury also looks to assess the degree of fault contributed by each party. The evidence presented by both sides plus accident reports, video footage and witness testimony may all serve to help the jury decide.

Is an On-The-Job Accident a Workers’ Compensation Case or An Actionable Claim?

Workers’ compensation reflects a “no-fault” recovery method for medical expenses and lost wages. An employee injured on the job does not need to prove the harm resulted from workplace negligence or faulty equipment . Employees injured at work may apply for workers’ compensation benefits even if they were 100% responsible for causing their own injuries.

When gross or willful negligence causes harm to an employee, a worker may have an actionable claim against his or her employer. The fault could also reflect the negligence or carelessness of a third party, such as a truck driver making a delivery to a workplace. Product liability may also play a role in a worker’s injury, such as a defective machine injuring its operator.

Because of the many factors involved in assigning fault, careful consideration of the facts can help to determine whether the harm caused represents an actionable lawsuit.

How Can Personal Injury Damages Help Victims?

Tue, 16 Jun 2020 08:15:08 GMT

Personal injury damages are an important protection for victims of car accidents to be familiar with. They can help with the victim’s physical, financial and emotional damages which is why car accident victims should be familiar with the different types of damages and how they can help them.

Personal injury damages that may be able to help car accident victims include:

Medical expenses – personal injury damages can include compensation for medical care and treatment the victim needs to treat their injuries. Medical expenses, costs and bills can pile up that personal injury damages may be able to help with.
Future medical care costs – personal injury damages can include compensation for future medical costs that are needed because of the nature and extent of the car accident victim’s injuries.
Lost wages – personal injury damages can include compensation for lost wages the victim suffers while they are unable to work as they recover from their injuries suffered in the car accident.
Lost-earning capacity – personal injury damages can include compensation for lost-earning capacity depending on the nature and extent of the car accident victim’s injuries.
Pain and suffering damages – personal injury damages can include compensation for the emotional toll of an unexpected car accident and the injuries the victim suffered.

A personal injury claim for damages is a legal remedy that allows a car accident victim to bring a claim for damages against a negligent driver who caused their car accident. A personal injury claim for damages provides important protections for victims and holds negligent drivers accountable for the harm they cause.

4 Types of Distracted Driving that May Endanger Your Life

Wed, 06 May 2020 08:12:01 GMT

According to the Centers for Disease Control and Prevention, distracted driving kills nine individuals every single day. Another 1,000 individuals per day sustain some type of injury in an incident involving a distracted motorist. As such, whether you drive for work or personal reasons, you may eventually find yourself in the middle of a crash with a distracted driver.

To boost your odds of staying safe on the road, commit to rejecting common driving distractions. Realize that distracted driving may involve more than reaching for your smartphone. Here are four types of distracted driving that may endanger your life :

1. Manual Distractions

When you drive, you must keep your hands on the wheel. If you hold an item, such as a smartphone, coffee cup or cheeseburger, you may not be able to make turns, dodge road debris or otherwise control your vehicle. To avoid manual distractions, keep your hands free until you reach your destination.

Making the Right Choice

There is a lot to see on your daily commute. If you are paying more attention to the passing scenery than you are to the road in front of you, however, you may have an accident. The same is true for visual stimuli inside your vehicle, such as a book, newspaper or text message.

3. Auditory Distractions

While there is nothing inherently wrong with listening to music while you drive, some sounds may divert your attention from the road. Accordingly, keep your driving soundtrack at a reasonable volume. Remember, you should be able to hear the sirens of approaching emergency vehicles.

4. Mental Distractions

If you have too much on your mind, you may not be able to focus effectively on driving. Therefore, try to clear your head before climbing behind the wheel. If you must have an in-depth conversation or otherwise use brainpower, consider waiting until you are in a safe place.

When you drive or ride in a vehicle, you always want to reach your destination safely. Unfortunately, though, distracted driving may put your life in danger. As such, commit to maintaining focus every time you drive.

Parents Injured at Work Can Still Support Their Families

Thu, 19 Mar 2020 08:07:31 GMT

Parents in Chicago who work hard every day to provide for their families teach their children the important lesson of a job well done as well as fiscal responsibility. So, when these parents are injured in a workplace accident, not only is their health on the line, but they may struggle to get help financially.

Fortunately, situations such as this are not hopeless. While it is understandable that being injured at work can be frustrating and worrying, workers should know that in certain circumstances they may be able to pursue workers’ compensation benefits . The following is a brief list of the types of benefits that may be sought according to the Illinois Workers’ Compensation Commission .

Medical care benefits: these are payments that cover reasonable medical care or relieve the worker of the effects they suffered from being injured
Temporary partial disability: these are payments that are issued to those who were injured on or after February 1, 2006, and are working on light duty for less compensation
Vocational rehabilitation/maintenance benefits: these are payments that are issued to those workers who are taking part in a state approved vocational rehabilitation program
Temporary total disability: these are payments that are issued to workers who cannot perform their job duties because they are recovering from their on-the-job injury
Permanent partial disability: these are payments that are issued to workers who suffered some permanent disability or disfigurement but still retain the ability to work
Permanent total disability: these are payments that are issued to workers who are injured to the point that they are permanently unable to perform any job duties
Death benefits: these are payments issued to the workers’ family if the worker passes away from his or her injuries

Keep in mind that the types of benefits available to you will be based on your unique circumstances, and no two situations are the same. Attorneys in Chicago understand that parents who are injured at work have many concerns about how they will provide for their families while they recover from their injuries. While this post cannot promise any specific result in your case, it is important for readers to know that they have the power and right to seek the workers’ compensation benefits that are appropriate in their situation.

Overexertion Leading Cause of Workers Compensation Claims

Fri, 20 Dec 2019 07:24:54 GMT

Each year, the Illinois Worker’s Compensation Commission tracks worker’s compensation claims throughout the state. This agency helps Illinois workers receive the benefits they deserve, especially if an employee and an employer cannot reach a resolution on the case.

The 2018 annual report shows that the Elgin area typically sees between 500 and 550 new worker’s compensation claims each year. Many of those are likely due to construction site injuries , given the large number of people involved in that sometimes-risky industry in the Chicagoland area. But it is safe to say that the majority of them also handle overexertion injuries. For the past five years, overexertion has been the leading cause of Illinois worker’s compensation claims. More than 14,000 Illinois residents suffer from some form of overexertion in the workplace each year.

Overexertion Injuries

Overexertion refers to many different workplace injuries, including:

Repetitive motion injuries like carpal tunnel syndrome
Muscle strains
Sprains
Back injuries

For many employees, the pain from this type of injury can make simple tasks like typing or picking up a package unbearable.

Causes of Overexertion

Almost every employee has some risk of an overexertion injury. Most commonly, these issues stem from moving heavy items (over 50 pounds), prolonged repetitive motion such as typing, sitting with poor posture, using work or broken office furniture or even absorbing vibration from heavy machinery over a long period.

Help Prevent Overexertion

Overexertion injuries do not just have to be a part of life for Illinois workers.

Some measures that can help protect employees from overexertion are:

Using appropriate lifting techniques
Ensuring adequate breaks for difficult physical tasks
Updating office furniture and supplies with more ergonomic items
Practicing good posture while sitting and standing

If an injury does occur, Illinois employees have options. While overexertion injuries typically do not cause employees to miss multiple days of work, worker’s compensation can still cover the cost of medical care related to the injury.

Put Your Care in A Physicians’ Hands, Not an Insurance Company’s

Wed, 06 Nov 2019 06:52:02 GMT

When you are working and become injured, getting better should be your only concern. All too often, employees must deal with insurance companies instead of taking time to get well.

It can be difficult to sit idly by and suffer while an unqualified professional makes decisions regarding your health. Knowing your rights is the first step to moving your workers’ compensation claim forward.

Uneducated Guessing

In the past, Illinois lawmakers have made great strides in health care . A study illustrates that the state legislature reduced the overall cost of medical fees by 30% in 2011 , but has done little to help its citizens in that regard since. In addition, research shows that specific care costs such as physical therapy and radiology are 30% higher than the average of the 18 states involved in the study.

Costs are not the only factor that is relatively high. Injured employees also have a greater rate of doctor visits than any other state examined, and while there are no regulations that put a cap on the number of visits allowed, companies still deny patients’ claims based on those grounds. In other words, it is the insurance company that determines how often you can receive care for your injury, not your physician.

Making the Right Choice

Treatment might be expensive, but businesses have workers’ compensation insurance specifically to handle those costs. Your health care should not be contingent on a business’s bottom line. Your physician is the only one qualified to make those decisions. For example, physical therapy may be the more costly option but may help you to avoid surgery and even more missed work down the road.

When insurance companies make decisions that are not in your best interests, you need to know that there are options. Taking control of your health when injured on the job is every employee’s right, and letting physicians determine the best course of action can only lead down the road to a better you.

Understanding how Workers’ Compensation Works

Thu, 11 Jul 2019 06:47:17 GMT

As an Illinois worker, you likely already know that your employer’s workers’ compensation insurance covers you in the event you suffer a work-related injury or develop a work-related illness. But what you likely fail to realize is that getting the benefits you deserve can often become a complicated and time-consuming process , requiring the assistance of a knowledgeable attorney.

One of the things you need to be aware of is that you have only a limited amount of time within which to get your workers’ compensation process started. For instance, you must inform your employer of your injury or illness within 45 days of its occurrence. Then you have three years within which to file your claim with the Illinois Workers’ Compensation Commission. However, the sooner you file, the better your chances of obtaining maximum benefits.

Types of benefits

Your workers’ compensation benefits include the following:

Medical care: money to pay for the medical treatment you require to relieve or cure your injury or illness
Temporary partial disability: money to temporarily sustain you during your initial recovery, but while you work lighter duties for less compensation than usual
Temporary total disability: money to temporarily sustain you during your initial recovery while you cannot work
Permanent partial disability: money to sustain you if you suffer permanent damage, even if your disability allows you to do some type of work
Permanent total disability: money to sustain you if you suffer permanent damage and your disability prevents you from doing any type of work

In addition to these benefits you can receive yourself, your family can receive workers’ compensation death benefits if your work-related injury or illness results in your death.

Remember, the most important thing you can do for yourself if you sustain a work-related injury or develop a work-related illness is to get the workers’ compensation process started as quickly as possible.