FAQs

It is the failure to do something the reasonably careful person would do or the doing of something the reasonably careful person would not do under the same or similar circumstances.

It is negligence by a healthcare professional. In most cases the claim must be proven by expert testimony. The expert must establish that the standard of care was not met, meaning that the defendant did not do what the reasonably competent healthcare professional would have done under the same or similar circumstances.

Yes. Generally, persons or corporations are only liable for an injury or death if they are negligent. They are also liable if they have higher degree of fault called willful and wanton conduct, such as drunk driving or other high risk behavior.

Sellers of dangerous products can be strictly liable even if they acted in good faith. Those who intentionally cause harm are liable, but are probably not covered by insurance.

No. Actions must “proximately cause” the injury or damages. A negligent driver who almost hits you owes nothing. The surgeon who operates while under the influence of drugs owes nothing if he did a perfect job. Such hypotheticals aside, negligence usually causes harm.

Generally it is that cause which in natural or probable sequence produce the injury complained of. It need not be the only cause or last or nearest cause. An experienced lawyer can determine whether negligence proximately caused an injury.

Causation is often an issue in cases of medical malpractice, including birth injuries such as cerebral palsy.

It is a formal legal document filed with a court, setting forth the reasons whoever is sued owes money damages. The language has to meet all the requirements of law or the lawsuit will be dismissed. It must be formally served on the defendant, who then must answer, admitting or denying what is charged.

Yes. If your injury claim has merit, you’re entitled to compensation for the pain and suffering your injury caused you.

It is a legal deadline to file a lawsuit. It must be met or the injury claim is barred.

Generally, in Illinois, in a personal injury case, the statute of limitations is two years for adults. It is only one year for claims against a government agency or a tavern. It is a longer period for minors. There are special rules based on when misconduct is first discovered which could extend the deadline beyond two years. An experienced lawyer can determine what statute of limitations applies in any given case.

The injured person, known as the plaintiff, has the burden of proving his or her case by a preponderance of the evidence. It must be shown that the elements of a case are more probably true than not true. This is sometimes referred to as the 51% rule, i.e., there’s a 51% or better probability that something is true.

No. Work injuries are covered exclusively under workman’s compensation laws and generally cover work related injuries regardless of who is at fault. There’s a limit on the amount that can be awarded. A jury trial is not allowed. Awards are made by arbitrators who apply predetermined legal formulas to decide the amount of the award.

If an on the job injury was the fault of a third party, such as the manufacturer of a defective product, a lawsuit can still be filed against the third party with the right to a jury trial and damages beyond the limits set under the workman’s compensation act.

There are none in Illinois. Insurance companies and other corporate groups have tried to limit damage awards, but such laws have been repeatedly declared unconstitutional.

The next-of-kin can sue for wrongful death. In Illinois, the next-of-kin are the surviving spouse and any children. If there are none, then the parents and any siblings are the next-of-kin. In addition to any economic loss, the next-of-kin can sue for grief and/or the loss of society, love and companionship of the decedent.

Lawsuits can seek to recover the reasonable cost of medical care even if some or all of the bills are covered by health insurance, but there is usually an obligation to reimburse some or all of the amounts paid by insurance companies and/or Medicare.  Generally, insurance companies are not entitled to full reimbursement although they will claim that they are.  An experienced lawyer can make sure you don’t reimburse too much.