No one plans on getting injured. However, negligence by other people cannot always be avoided.
If you have been injured by another person’s carelessness, our team can help you get justice for your losses. You will likely have several options to recover compensation, which our team can help you explore. When it is clear that insurance will not be enough, our lawyers can prepare a lawsuit so you get coverage for the damages you suffered. With our team’s considerable experience, there is virtually no claim that we cannot help you with. We will quickly know who to sue and for what damages after reviewing your claim.
For a free case assessment with our personal injury attorneys, call Rhatigan Law Offices at (312) 578-8502.
Personal Injury Practice Areas Our Attorneys Commonly Handle in Berwyn, IL
Our experienced firm has spent decades helping victims recover compensation in numerous types of personal injury claims. Perhaps you need help filing a claim after a car accident or are having trouble with a much more complicated case, like after being injured at work or on the train. Either way, our personal injury attorneys can identify those responsible for your injuries and calculate the damages they owe you. The following are the most common accident claims we handle in Berwyn:
Standard Vehicle Accidents
Lawsuits for car accidents are arguably the most common types our team handles. The majority of them are straightforward, with our lawyers gathering and exchanging some evidence before negotiating a settlement. In fact, most of these lawsuits settle before a trial is necessary. However, our attorneys will be prepared to fight your case in court if the other driver’s insurance company refuses to pay what you deserve. We might also need to go to trial to determine fault in more complex cases involving multiple drivers.
Commercial Vehicle Accidents
Our team can also help you if a commercial driver injured you. These cases are typically more challenging than regular car collision claims but offer more chances to recover compensation. This is because we can usually sue the driver who hit you and their employer under the legal principle of “vicarious liability.” Suppose the driver is considered a standard employee and was executing their job duties when they caused the accident. In that case, the employer can be held liable even if they were not directly negligent.
However, you might have trouble if you need to file a lawsuit against a commercial driver who is classified as an independent contractor. Vicarious liability will not apply if the driver is an independent contractor, so the employer will likely be shielded from a lawsuit. Uber rideshare and Amazon truck drivers are common examples of independent contractors. While you might not be able to sue these companies, our team can help you explore potential insurance options and who we can file your lawsuit against.
Train and Bus Accidents
Berwyn is a suburb of Chicago, so countless residents here rely on Chicago Transit Authority (CTA) trains and buses every day. As such, accidents on CTA vehicles and facilities are common.
However, the CTA is a publicly-operated company, so there are additional rules when suing a government agency. You typically have less time to file a claim against the CTA, as short as a year. You also need to give them notice before filing a claim, which will need to detail the accident you are suing for and the compensation you will be seeking.
Slip and Fall Accidents
If you were injured on another person’s property in a slip and fall accident, we can help you sue the property owner. Property owners have a duty to keep their premises safe. This includes acknowledging known dangers and making routine inspections for unknown ones.
Slip and fall accidents are common in businesses like convenience stores and restaurants. They can also result in injuries far worse than people think, including traumatic head injuries and devastating knee injuries. We can sue either the business owner or the property manager, depending on who had a duty to keep the location safe. We can also file a claim against an individual if you were injured in someone’s home.
Workplace and Construction Accidents
Workplace accidents are common, but recovering compensation for them is often confusing. Our team can help determine if Workers’ Compensation is the best route to get your damages covered or if filing a lawsuit is a better option. It will depend on who is responsible for your injuries. Fortunately, you can usually claim Workers’ Compensation benefits regardless of who caused the accident since it is a type of “no-fault” insurance. So, if you caused your workplace accident or a coworker, you can get compensation without having to prove fault.
However, you might need to file a lawsuit if you want to recover compensation for damages that Workers’ Compensation does not cover. You can only go around Workers’ Compensation in a few situations to file a lawsuit, such as when your employer intentionally causes your accident or when an independent third party injures you.
This is a common issue in construction accidents, where numerous parties operate on one site. Our team understands the intricate nature of these cases and can help you determine who to sue for your injuries. Depending on the accident, we might file a claim against a subcontractor, general contractor, or construction equipment manufacturer.
Nursing Home Abuse
Our team takes immense pride in fighting for our most vulnerable individuals living in nursing homes. Unfortunately, nursing home abuse is common, as many of these residents have little protection from predatory practices.
In some cases, they are physically abused by nursing home staff or other residents. Other times, residents are emotionally abused, such as being bullied or deprived of privacy.
Nursing home residents are also prime targets for financial abuse. Financial abuse could come from within the home, such as if staff are directly stealing from them or having funds sent to their bank accounts. Other financial predators will make contact with residents through phony emails and phone calls. If you suspect you or a family member is a victim of nursing home abuse, our team can help you get justice.
Medical Malpractice
Medical malpractice occurs in countless ways and can cause immense damage. Perhaps your doctor failed to diagnose you properly, causing you to have to undergo a new series of examinations and testing to discover the actual problem. In other cases, your doctor might have prescribed a medication known to cause adverse reactions or did not inform you fully of the treatment to get your informed consent. We can help prove where the malpractice occurred.
How to Recover Damages in a Berwyn, IL Personal Injury Case
Damages are based on what you lost, injuries you endured, and trauma you experienced as a direct result of the accident. Accounting for all your damages is a big job, and it is easy to overlook or undervalue damages, thus reducing your financial compensation. Your attorney can work with you to make sure nothing is left out and you get all the compensation you rightly deserve.
Non-Economic Damages
Many of the injuries a plaintiff experiences might not take an economic toll. Put another way, things like pain and suffering do not always cost money. However, they are still very difficult to endure, and they deserve fair compensation.
Your physical pain may be a big factor in your non-economic damages, especially if your injuries are severe. Many accident victims must live with serious pain while they recover, which can take a long time. Others might experience medical complications that lead to long-term or chronic pain, which may warrant substantial compensation.
You can also claim non-economic damages for mental, emotional, and psychological distress or turmoil. People who are seriously disfigured or scarred because of an accident may experience deep emotional distress, and they deserve fair compensation. Even if you do not suffer permanent injuries, the accident itself might have been so traumatic that the victim lives with psychological injuries for years.
Economic Damages
Other damages are based on how much money the plaintiff had to spend to recover. Anyone who has been injured in an accident can probably tell you that it is a costly experience. As such, we may need evidence of your costs, like receipts or bills, to prove these damages.
One of the most significant factors in your economic damages is your hospital bills. Maybe you were rushed to the emergency room in an ambulance. Maybe you required extensive medical treatment, like emergency surgery. Maybe you are still going to the doctor for follow-up care. Medical bills in this situation may be incredibly high.
If your injuries are serious enough, you might find yourself unable to continue working, at least for a while. As a result, you might lose income while you recover. The longer you cannot work, the more income you lose. Your lost wages and income should be accurately assessed and added to your overall claim for damages.
Do not forget about the cost of property damage. You might have lost big property like a vehicle or smaller personal items. Either way, these costs must not be overlooked.
Evidence to Support Your Personal Injury Case in Berwyn, IL
We must have evidence in order for your case to succeed. Not only do we need evidence when your case goes to trial, but we also need it at the very beginning of the case when we file the initial complaint. Put another way, we must start gathering evidence as soon as possible.
Physical Evidence
Evidence often consists of physical items and objects that may help prove how the defendant is responsible for your injuries. Physical evidence is especially important if the victim was injured by an object, instrument, or weapon. For example, suppose you used a new toaster only for it to suddenly catch fire due to faulty wiring, and you got badly burned. In that case, we need the faulty toaster itself as evidence.
Some physical evidence is too large to transport to a courtroom. The vehicles involved in a car accident may be extremely important pieces of physical evidence, but they cannot be moved to a courtroom. Instead, we may rely on photos and videos of the vehicles to show a jury how they were damaged. The damage to a vehicle often sheds light on how the accident happened and who is to blame.
Testimony
Testimony may also make for strong evidence. In many cases, witnesses who have some personal or first-hand knowledge of facts relevant to the case may explain what they know on the witness stand. Remember, witness testimony should be first-hand. A witness is not allowed to testify about something they heard from someone else.
An eyewitness might testify about what they saw when the accident happened. For example, if you were injured in a car accident, the driver of the vehicle behind you who was not involved in the accident might have seen everything. They can explain what they saw and possibly highlight how the defendant is responsible.
Your testimony may also be important. Only you can talk about certain aspects of the case, like your pain, suffering, and injuries. Your testimony may be necessary to help us establish various non-economic damages. If there are few other eyewitnesses, you may testify about what you saw and experienced during the accident.
Documentation and Records
Some evidence consists of records. Suppose you slipped and fell in a puddle inside a grocery store because a pipe was leaking. We might need business records from the store to establish whether the owner knew or should have known about the leaking pipe and whether they were practicing regular maintenance. We might also need your medical records from when you were treated for your injuries. These records may help us prove the extent, severity, and cost of your injuries.
How Soon Should You Talk to a Lawyer About Your Personal Injury Case in Berwyn, IL?
You might want to take time to recover from your injuries and consider your numerous legal options. This is fair, but do not take too much time. The statute of limitations under 735 I.L.C.S. § 5/13-202 states that a personal injury plaintiff in Illinois has only 2 years to file their case in court. The limitation period typically begins on the day of the accident, and the clock on your case might already be ticking. However, plaintiffs might have the statute of limitations tolled, which essentially pauses the clock, under certain circumstances.
According to § 5/13-211(a), plaintiffs who were younger than 18 or under a “legal disability” at the time of the accident may have the statute of limitations tolled. Often, a minor plaintiff may have the statute tolled until they turn 18, giving them 2 years from the date of their 18th birthday rather than the day of the accident to file a case.
A legal disability may be a condition, often a mental one, that prevents the plaintiff from asserting their rights, understanding their rights, or otherwise taking legal action independently. The statute of limitations may be tolled until the legal disability is removed. However, under subsection (b) of the statute, a plaintiff may not have it tolled for more than 10 years for a legal disability.
Our Berwyn, IL Personal Injury Attorneys Are Here to Help You
Our personal injury lawyers at Rhatigan Law Offices can provide you with a free case review when you call (312) 578-8502.
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