Personal injury and wrongful death

Persons injured as a result of the negligent, reckless, or intentional acts of others are entitled to fair compensation for their monetary losses and suffering. Accidents resulting in death entitle spouses and family members to compensation for the loss of support and companionship. Cases in this area arise out of transportation accidents (e.g. motor vehicle, pedestrian, and railroad), medical and hospital negligence, and work accidents, among others. If you or someone you know has been injured, a Chicago personal injury attorney should be consulted to determine if legal action is appropriate.

Medical and hospital malpractice

Medical malpractice involves injury or death caused by a medical provider’s negligent care or treatment. Negligent care or treatment is typically described as the doing of something that should not have been done, or the failure to do something that ought to have been done. Doctors and other heath-care providers are required to adhere to the generally accepted standards of care in their field. Medical providers include doctors, hospitals, nurses, radiologists and technicians. There are many situations where malpractice may exist, some of which may include:

• Birth Injuries and Death
• Erb’s Palsey
• Cerebral Palsey
• Shoulder Dystocia
• Brain Injury / Damage
• Medication Errors
• Failure to Diagnose Cancer and other Diseases
• Misdiagnosis
• Surgical Errors
• Infections
• Choking / Asphyxiation

Workplace Injuries and Conditions

The Illinois Workers’ Compensation Act provides financial protection to employees injured in work accidents. Under the law, injured workers are entitled to medical treatment at the employer’s expense, temporary benefits when the employee is unable to work, and a lump sum payment for permanent partial disability or impairment. There are additional benefits for workers who can no longer return to gainful employment due to a disabling injury, or who can no longer return to the work force at their pre-accident earning capacity and must take a lesser paying job. All Workers’ Compensation claims are under the jurisdiction of the Illinois Workers’ Compensation Commission. Claims that arise under the Workers’ Compensation Act can include:

• Back Injuries (herniated discs, sprains )
• Knee Injuries (meniscus and ligament tears)
• Shoulder Injuries (rotator cuff tears and impingement syndrome)
• Heart Attacks
• Carpal Tunnel Syndrome
• DeQervain’s Syndrome
• Epicondylitis (tennis elbow)
• Fractures, Crush Injuries, and Amputations
• Foot and ankle Injuries
• Scarring and Disfigurement (Burns, Lacerations)
• Eye Injuries and Hearing Loss
• Psychological Traumas (Post-Traumatic Stress Syndrome)
• Assaults and Horseplay by co-workers

Motor vehicle

Every year thousands of people are injured or killed in motor vehicle accidents (e.g. car, truck, motorcycle, or pedestrian). The law requires every motorist to drive with reasonable care for the safety of other motorists and pedestrians. Negligent drivers are liable for medical bills, lost wages, property damage, pain and suffering, and loss of enjoyment of life. Illinois has mandatory liability insurance requirements to cover these losses. In the event that a negligent driver does not have adequate insurance, injured victims may bring uninsured or underinsured motorist claims against their own insurance carriers.

Premises liability

Premises liability cases arise out of injuries caused by unsafe conditions on property or inadequate security. Under some circumstances, young children may also be entitled to compensation even if they are injured while trespassing. Property owners have a duty to provide a safe place for those lawfully on the premises. These types of cases typically involve injuries stemming from slip and fall accidents in grocery stores, defective stairways and porches, insufficient lighting, and broken or cracked sidewalks and parking lots.

Product liability

This area of the law involves accidents caused by unsafe or defective products that were designed, manufactured, distributed, or sold by companies and retailers. These cases also involve unsafe medications manufactured by pharmaceutical companies.