As a suburb of Chicago, Tinley Park has its fair share of accidents. If someone else is responsible for your injuries, our attorneys can help you get justice by filing a lawsuit.
Our lawyers have a wealth of experience in a wide range of injury cases. Whether you were injured in a car accident, waiting for a train, or injured on the job, our team can get the evidence that will prove the elements of your claim. Even if your accident was relatively minor, you should still work with our team so that you are fairly compensated for your losses. However, our firm also has the resources to litigate extremely complex cases, like medical malpractice. If you are unsure if you have a valid legal claim, our team can review it and discuss what you can expect moving forward.
For a free case assessment with our Chicago personal injury attorneys, call Rhatigan Law Offices at (312) 578-8502.
How Much Time Do You Have to Prepare Your Personal Injury Case in Tinley Park, IL?
Contrary to what you might see on TV, preparing a civil lawsuit can take a very long time. To make things even more difficult, plaintiffs only have so much time to file their cases. If they do not, they may be time-barred from filing their case, and they may never receive fair financial compensation for their damages. The time limit, known as the limitation period, is set by the statute of limitations under 735 I.L.C.S. § 5/13-202. Plaintiffs have only 2 years to prepare and file their cases. The limitation period typically begins on the day of the accident, so time is truly of the essence.
If time is running short, your attorney can help you explore tolling options. Tolling allows our personal injury lawyers to pause the clock on your limitation period and extend the time we have to prepare. However, tolling is available only under specific conditions. Remember, forgetting about the deadline or not knowing about the limitation period is not a reason for tolling.
Under § 5/13-211(a), tolling may be available for plaintiffs who were minors or experiencing a “legal disability” at the time of the accident. Under these conditions, the statute of limitations may be tolled and the cause of action would not accrue until later.
For minors, the statute may be tolled until the plaintiff turns 18. This means the 2-year limitation period would last until the plaintiff is 20. A legal disability may be a condition that stops a person from understanding their rights or bringing legal action on their own. In such a case, the statute may be tolled until the disability is lifted. However, according to subsection (b) of the above statute, we cannot have the limitation period tolled for more than 10 years for legal disabilities.
Types of Accidents Our Personal Injury Attorneys File Lawsuits for in Tinley Park, IL
Personal injury claims allow victims to recover the compensation they need to recover. Fortunately, our personal injury attorneys can help you by assessing your claims and identifying the likely defendants, no matter how you were injured. The following are common lawsuits we file in Tinley Park:
Vehicle Accidents
Considering that Tinley Park sits just south of Chicago, nestled right next to I-57 and I-80, vehicle accidents are arguably the most common claims our team files. However, these cases can range from simple claims between two drivers to highly complex cases involving commercial vehicles. Fortunately, we have extensive experience handling virtually any type of vehicle accident claim.
The most straightforward accident claims are between the victim and the other driver. If multiple drivers are involved in the accident, though, we can gather evidence to determine the extent of each driver’s negligence and ensure they are part of your lawsuit.
Your case will typically be more complex when a commercial truck driver injures you. When our team reviews these cases, we will usually first determine whether the trucker is employed by a trucking company or is an independent contractor. If the trucker driver that hit you is a traditional employee of a trucking company, we can also sue the trucking company under the legal doctrine of respondeat superior. Also known as “vicarious liability,” this rule allows us to sue both parties for the truck driver’s negligence as long as they committed the accident while on the job and executing their duties.
If the commercial driver is an independent contractor, it could impact your ability to file a lawsuit against the business they are working with. Vicarious liability does not apply to independent contractors since the “employer” does not have direct control over them. For instance, if you were hit by an Amazon delivery truck or an Uber or Lyft car, you usually cannot sue those companies for the driver’s negligence. However, our lawyers can explore the insurance options offered by these companies while filing a lawsuit against the driver individually.
Train and Bus Accidents
Many residents of Tinley Park use buses and trains operated by Merta and the Chicago Transit Authority (CTA) for their daily commutes. As such, accidents on local trains and buses are common. However, filing a lawsuit can be confusing since these companies are actually owned and operated by the local and state governments.
In these cases, “sovereign immunity” will be an issue that protects government workers from lawsuits for negligence. Fortunately, you can sue the government agency for which they work. Our team can explain the special rules involved in these cases, including the shortened filing time to notify the agency of your intention to file a claim.
Pedestrian Accidents
In many cases, pedestrians are injured coming to or leaving a train or bus station. Other pedestrians are injured while strolling the many walkable areas around Tinley Park. Wherever your accident occurred, our team can help gather evidence to show the accident was the other person’s or company’s fault.
For example, a driver might have struck you while you were crossing the street to a bus stop. Depending on where the incident happened, it is possible that it was captured on surveillance cameras, especially if it happened near or at a Merta or CTA station.
Construction Accidents
One area of focus our firm prides itself on is representing victims of construction accidents. Construction sites are almost always dangerous simply by the nature of the work being done. Many of these accidents happen because of falling objects, poor scaffolding, toxic exposure, and defective equipment.
Determining how your construction accident occurred will typically tell us who should be held accountable for it. If you fell, were exposed to toxins, or were hit by a falling object, we might file your claim against the property owner and general contractor for not making the site safe or providing substandard equipment. In other cases, we might file a lawsuit against a third-party worker contracted to work on the construction site because they created the dangerous conditions that caused the accident. In rarer cases, we will sue the manufacturer or designer of a piece of equipment, like a faulty ladder.
Medical Malpractice
Medical malpractice claims are often the most challenging and time-consuming. Much of the work in these cases revolves around determining how your healthcare provider deviated from the standard of care another similar provider would have given you. In many cases, doctors are sued for misdiagnosing a serious condition or completely missing a diagnosis. If another doctor had not missed your diagnosis, we could have shown that you were the victim of malpractice.
In other cases, your doctor might not have obtained your informed consent to a procedure or treatment plan. Healthcare providers are required to inform you of all the potential side effects and risks associated with the particular recommendation, not just its benefits. For example, if a doctor was performing surgery on your stomach, which you consented to, but decided to do a little work on another area you did not discuss, it could be malpractice if the additional treatment was unnecessary or could be performed after getting informed consent for that operation.
Some instances of medical malpractice are obvious. For example, if a surgeon left a piece of equipment inside you after surgery, it is clearly gross negligence and medical malpractice. However, you might not notice a foreign object until it starts causing problems. In these situations, you will usually have more time to file your lawsuit if you cannot reasonably discover the malpractice within the “statute of limitations.”
Evidence to Support Your Personal Injury Case in Tinley Park, IL
Witnesses may provide incredibly valuable testimony. Think back to the day of the accident. Were there other people around? Maybe someone stopped to help you. People who were at the accident scene might have seen something important. They can testify about their first-hand knowledge of the accident in court. The more witnesses who can testify and provide information about the accident, the stronger your case may be.
Your testimony may also be critical to your case. There may be certain facts or details that only you can talk about. For example, only you can testify about the pain and suffering you went through because of the accident. Only you can attest to how your life has changed because of how you were injured. While reliving the accident on the witness stand can be emotionally difficult, it might be necessary.
We should also look for videos or photos recorded when the accident occurred. It is normal for accident victims to take photos, especially after car accidents. If you or someone with you took any photos, we should review them to see if they contain any important details. We should also check for cameras. A Nearby security camera might have recorded the accident and may be some of the strongest evidence in your case.
One of the most important parts of the case is your injuries. We need to prove to a jury how badly you were hurt. Your medical records about your injuries can help us. We do not need your entire medical history, just records from when you were treated after the accident.
Why You Need to Hire a Lawyer in Tinley Park, IL for Your Personal Injury Case
Even routine personal injury claims can be complicated, and you need a lawyer who knows how to navigate the court system and fight for your rights. Your attorney can help you get started by identifying effective legal strategies. If you have strong evidence, taking things to court might go well for you. If you do not, negotiating a settlement might be a better idea.
You also need a lawyer to assist you with drafting and filing paperwork. While it might sound boring and mundane, paperwork is an important part of the court system. Everything about your case needs to be properly documented and filed with the court. This helps the court create a thorough and accurate record of the entire case. If you make a mistake and forget to submit certain paperwork, your case might come to a screeching halt.
One of the most important services your attorney provides is steering your claim through the legal system for the entire duration of your case. The legal system is complicated and frustrating. There are numerous hearings, meetings, and court appearances to schedule. We must communicate with court staff and the defendant’s legal counsel. Your attorney’s strategy for your case may also influence how the case proceeds. Trying to manage all this alone might be impossible for someone with no legal background.
Damages Available in a Personal Injury Case in Tinley Park, IL
Accurately assessing your damages is a critical step in your case. If damages are unaccounted for, or if we accidentally underestimate their worth, you risk losing valuable financial compensation. Generally, damages fall into two categories: economic and non-economic damages.
Economic Damages
Many aspects of an accident take a significant financial toll on plaintiffs. You might spend hundreds, thousands, or more on the numerous costs that result from being injured. To prove these damages, we likely need evidence of these costs. Be sure to maintain accurate records of spending after your accident.
Your medical costs might be a major factor in your economic damages. Even just one visit to the hospital might be very expensive. If you needed more extensive care, or if your care is still ongoing, your hospital bills might be incredibly high.
We should also think about whether you are still able to work. After a bad accident, many people step away from their jobs for a while. Some must quit because they cannot work for the foreseeable future. This might mean you lose income at a time you really need it. Your lost income should be estimated and added to your claims.
Non-Economic Damages
Your non-economic damages may represent your personal experiences with the accident and your injuries. Non-economic damages often do not involve monetary costs and usually cannot be established with records of cost alone. You may need to testify about how the accident has impacted your life and ability to enjoy your life. Common non-economic damages include emotional distress, psychological injuries (e.g., PTSD, depression, anxiety), disfigurement or scarring, and more.
Our Tinley Park, IL Personal Injury Lawyers Can Help
Our personal injury lawyers at Rhatigan Law Offices can provide you with a free case review by contacting us at (312) 578-8502.
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