If you have been harmed by the negligence or recklessness of another party in Illinois, you may be able to file a personal injury claim. With the help of a Chicago personal injury lawyer, you can receive fair compensation for the expenses and losses you’ve incurred due to the injury. 

The steps you’ll have to take will be unique to your case. To give you an idea of how to file a personal injury claim, here’s a quick overview of what you have to do and what you can expect through the process. 

Get Checked by a Medical Professional

If you are interested in filing a personal injury claim, it’s crucial that you see a doctor as soon as possible – even if you think you may not be seriously injured. Seeking help from a medical professional not only ensures you receive the care you need but also helps you document your injuries properly. Filing a claim or lawsuit can be difficult without a professional assessment of your damages. 

Moreover, make sure to follow your doctor’s orders or treatment plan. Doing anything that can worsen your condition or hinder your recovery, like discontinuing care, can be used against your case. 

Gather Documents and Other Pieces of Evidence

In addition to getting the care you need, it’s time to gather evidence related to the injuries and damages you’ve suffered and how the accident affected your life and work. To help you get started, here are some essential documents to gather:

• Medical records 
• Bills of medical and other damage-related expenses
• Contact information from witnesses of the accident
• A written account of the events 
• Photos of the scene, if possible, and to you if you have markings of an injury

When it comes to maximizing compensation in an injury case, you have to demonstrate the degree to which you’ve been injured, how the accident may have created financial challenges, and how the resulting injuries impacted your life. 

Consult Personal Injury Lawyers

The state allows personal injury claimants to seek compensation for economic and non-economic damages, such as the following: 

• The costs associated with treating the injuries. 
• The costs associated with repairing property damage.
• Lost wages from the inability to work due to the injuries. 
• Loss of earning capacity due to permanent disabilities. 
• The physical pain and suffering you have experienced.
• The emotional distress that was caused by the accident. 
• The disability or loss of the enjoyment of life. 
• Any trauma and other psychological impacts caused by the accident or injury. 
• Grief and sorrow, as well as loss of consortium like companionship, in wrongful death cases

Considering this, valuing claims goes beyond simply adding bills. This is where consulting personal injury or medical malpractice attorneys becomes invaluable. 

While small personal injury claims can sometimes be settled without legal help, you’ll want to partner with the best Chicago personal injury lawyer if you have a serious injury case. With their expertise and guidance throughout the process, you increase your chances of getting the maximum recovery for your case. 

The good news is that most personal injury lawyers offer free initial consultations. You can leverage this to get expert advice on your case, the reimbursement you deserve, and the next steps you can take.  

Investigate the Accident and Injuries 

Once hired, your personal injury attorney starts looking into the accident by asking you about how it occurred, your injuries, and the treatment plan you’re undergoing. They may also work with accident reconstruction specialists and other experts to understand the factors that led up to the accident. 

Around this time, a personal injury or medical malpractice lawyer will also identify the individuals or organizations that may be responsible for the incident. This is especially crucial in complicated cases where two or more parties are at fault. Lawyers use their expertise and experience to find and review evidence to build a strong case against them. 

Initiate Negotiations and File a Personal Injury Lawsuit

Your attorney will then notify the party at fault and their insurance provider about their liability for the injuries and damages you sustained from an accident. This can open negotiations between you and the other party. If these talks are successful, you will receive compensation, and the case will end. 

However, if the at-fault party fails to fully compensate you for your claim through a settlement, the claim can be filed as a personal injury lawsuit in an Illinois civil court. 

In Illinois, claimants typically have two years from the accident to file a lawsuit. This is known as the statute of limitations. However, certain cases may have different deadlines depending upon the situation and/or exceptions to the general statute of limitations. Failing to pursue legal action within the statute of limitations for your case can cost you your right to use the court process to seek compensation for your injuries. 

Present Evidence to the Court 

During a personal injury trial, both parties can present information or evidence supporting their respective sides.

If you have been affected by a misdiagnosis or surgical error, a Chicago medical malpractice lawyer can argue on your behalf to establish the facts of the case, the applicable standards of care, and how one or more deviations from the standard of care caused harm. This may include presenting medical records and opinions of qualified medical professionals, along with presenting witness testimony. 

The trial could last from weeks to months, depending on the case’s complexity, the severity of your injuries, and the availability of evidence.

Make an Appeal

If your case goes to trial and you believe the verdict was reached unfairly, you have the legal right to appeal the ruling. With that said, you can’t appeal simply because you are unhappy with the outcome. Instead, there has to be some legal mistake that was made that was prejudicial against you. 

Personal injury lawyers experienced in appellate work and/or appellate lawyers can review your case to determine if you have valid grounds to appeal a verdict.    

How To Know if You Have a Valid Claim

Knowing how to file a personal injury claim is only helpful if your case satisfies legal criteria. While the best way to know this is by consulting a Chicago personal injury attorney or medical malpractice lawyer for malpractice cases, here are some questions you can ask yourself to get started:  

• Did the injury result from someone else’s negligence or recklessness? 
• Will you need long-term care due to the injury? 
• Did the injury cause pain and suffering?
• Did the accident result in disability? 
• Are the medical treatments expensive? 
• Will you need a long time to recover?
• Did you have to miss work due to your injuries? 
• Has the accident caused financial strain? 
• Has the accident caused emotional or psychological distress? 

Anyone considering filing a claim should understand that they have the burden of proof. As you’re making allegations against an individual or party, you must prove that they are indeed liable for your injuries. Doing this requires evidence, but you cannot use anything you want. 

It’s best to work with personal injury or medical malpractice attorneys to find solid evidence and strengthen your claim. Proving another party’s liability for your damages takes work, but they know how to investigate your accident and gather the necessary documents to build a persuasive case. 

Pursue Full and Fair Compensation With the Best Chicago Personal Injury Lawyer

Despite the simplified process described above, the personal injury claims process is often complex and overwhelming. Fortunately, you won’t have to fight for the settlement or result you deserve on your own. Experienced personal injury lawyers can take care of all the legal matters concerning your case for you and secure the most favorable outcome possible.  

Kroot Law, LLC is a Chicago-based law firm with a strong record of success in complex cases, including medical malpractice, product liability, and wrongful death. We treat all clients with dignity and respect and strive to deliver unmatched personal service and exceptional results. 

You deserve to work with the best Chicago personal injury lawyer. Fill out this form for a free consultation, and let our client-centered team evaluate your claim; if we take your case, we can help you obtain the maximum compensation you deserve.

Many victims try to handle their personal injury claims themselves to avoid legal fees. However, not all personal injury cases are simple, and not all personal injury lawyers in Chicago ask for upfront fees. Moreover, they can handle the complexities of your case and fight for your rights so you can receive fair compensation. 

Knowing if you should hire a personal injury attorney might not be crystal clear when you’re going through a difficult time. Here are some considerations to help you decide.  

Proving Liability Can Be Tough 

When it comes to personal injury claims, the only way to recover compensation from the party at fault is by proving that they, indeed, negligently caused the injury. 

However, establishing liability can be challenging, as this involves obtaining and compiling evidence. This can include securing surveillance videos of the incident, statements by witnesses, medical records, photographs of the scene, photographs of the injuries, and more. The at-fault party can also deny the claim, file affirmative defenses, counter-claims, and employ a myriad other legal tactics to tip the scales in their favor. 

When recovering from an injury or dealing with a disability caused by the incident, gathering proof and protecting yourself from common defense maneuvers can be exhausting. Hiring an experienced Chicago personal injury lawyer can take this heavy weight off your shoulders so you can focus on your health. 

Personal Injury Lawyers Study the Value of Your Case

While attorneys cannot promise you a specific compensation award, they have the knowledge and experience to evaluate your case, including for settlement purposes, so you can obtain the recovery you deserve for the injuries and other damages you suffered. They do this by calculating all economic and non-economic losses, often through medical and other experts, while also factoring the likelihood of recovery at trial compared to settling before trial. 

This is crucial when pursuing personal injury claims, as insurance companies will try to devalue claims and offer the lowest possible settlement offers. Understanding the value of your case with the help of a personal injury attorney can protect you from unreasonably low offers. 

They Level the Playing Field 

At-fault individuals or parties will likely have an attorney representing them, especially if they were covered by insurance at the time of the incident. This means that pursuing your personal injury case yourself may not only be intimidating but also put you at an unnecessary disadvantage. 

Getting the best Chicago personal injury lawyer advocating for you means having a proven litigator fighting for your case and pursuing the maximum compensation for your losses.

They Help You Avoid Legal Pitfalls 

Navigating the personal injury claims process can be tricky, as it involves understanding how the law works. This can vary from state to state. Missing an important detail or even committing an honest mistake can derail your claim and, worse, cost you your right to pursue legal action. 

One of the most common pitfalls in personal injury cases involves the statute of limitations – the maximum time you are allowed to file a lawsuit. In Illinois, the statute of limitations on personal injury is generally two years from the time of the incident. If you wait too long or fail to take the necessary steps and this prescriptive period expires, you may permanently lose your right to prosecute the party at fault. 

Victims may also be led to say things that can hurt their claims. Insurance claim adjusters are experienced in getting victims who speak up on their own behalf to make statements that can be used against their case. 

However, when a Chicago personal injury lawyer is involved, they will be the one to handle all the intricacies of your case, including communication with all the other parties involved. Most importantly, they can help ensure that you are meeting all deadlines that apply to your case to preserve your rights. 

Most Attorneys Work on a “Contingency Fee” Basis

If your financial situation is keeping you from pursuing a personal injury lawsuit and hiring an attorney, the good news is that most personal injury lawyers operate on a contingency fee basis. This usually means you don’t need to pay any upfront costs related to your case. Instead, they collect fees for their services only if they obtain a favorable outcome on your behalf. 

If you or a loved one has a potential personal injury case, it’s possible to pursue your claim risk-free. And with the right personal injury or medical malpractice lawyer, you can get the compensation you deserve while avoiding costly legal fees. 

How to Know If You Need a Personal Injury Lawyer

Now that we’ve established the importance of hiring personal injury lawyers, it helps to discuss another question that gets thrown around often: how do you know if you need a personal injury attorney? 

If you have been affected by a motor vehicle accident, slip and fall accident, medical malpractice, or a similar incident, here are some key signs you have a potential case and can benefit from getting an attorney involved. 

The Incident and Resulting Injury Were Not Your Fault Or Not Primarily Your Fault

Personal injury cases generally involve accidents and injuries that are not the victim’s fault; in some instances, the victim is only partially at fault and can still recover. Some examples of such incidents include: 

• Car accidents 
• Motorcycle accidents 
• Pedestrian accidents 
• Slip and fall accidents on someone else’s property 
• Injuries from product defects 
• Medical Malpractice
• Nursing home negligence 

You Sustained Serious Injuries or a Permanent Disability as a Result

Some accidents tend to end with minor injuries like cuts, bumps, and bruises — conditions that can be easily treated after a couple of days. But if you’re looking at serious injuries that require weeks, months, or even years of treatment, or are causing chronic pain, brain damage, or permanent paralysis, it’s best to discuss your situation with a Chicago personal injury lawyer. 

You should never have to shoulder the overwhelming costs of your medical care if you sustained the injury because of another party’s fault. A personal injury attorney will evaluate your case and fight for the compensation you deserve. 

You’re Not Receiving Fair Compensation 

Recovering monetary damages for your losses is crucial in helping you cover your medical bills as you recover. 

Recovering from serious injuries often entails paying for a lengthy hospital stay, expensive medications, and even rehabilitation therapies. Of course, this is not to mention the other costs you incurred due to the incident. So when the party at fault provides or insists on a settlement that doesn’t adequately meet these expenses, this is a telltale sign of when to hire a personal injury lawyer. 

You Find Yourself Being Accused of the Incident 

In some cases, individuals or parties that want to avoid liability go as far as accusing you of fault or wrongdoing. 

Illinois is a modified comparative negligence state. This means that the victim can only recover damages if they are 50 percent or less responsible for the accident. Even then, the amount to be recovered can be reduced in proportion to the responsibility of the at-fault party. 

It’s also possible that individuals and parties at fault may counter-sue victims for any number of things. When this happens, they can seek attorney fees and other damages which can ultimately jeopardize your financial recovery. 

If you are facing or anticipating this situation, it’s best not to delay hiring a Chicago medical malpractice lawyer or a personal injury attorney. They can gather evidence to reinforce your claims and, most importantly, defend you from these pressuring tactics. 

Understand the True Value of Your Claim With the Help of the Best Chicago Personal Injury Lawyer

From proving the other party’s liability to avoiding common legal pitfalls, pursuing a personal injury claim can be challenging. Insurance companies will also try different ways to devalue your claims and pay you less. With that said, an experienced and diligent attorney can help you understand your rights and, ultimately, obtain the best possible settlement for you.  

If you have suffered serious injuries from the negligence of an individual or an organization, you are not alone, and Kroot Law, LLC is here to help. We treat all clients with consideration and vigorously prosecute injury cases to ensure victims receive maximum compensation for their case.  

Whether you’re up against negligent individuals or large corporations, we invite you to contact us for a free consultation with Jason M. Kroot. 

You may have heard or read the front-page news about Sterigenics recently. There is evidence that this Chicago-area business has for decades been releasing toxic, cancer-causing fumes into the Willowbrook community. There is further evidence that some government entities knew about the great public risk this entailed, but did not alert the public.   As the evidence against Sterigenics continues to rise, so too do the number of personal injury and wrongful death lawsuits against the company.

Sterigenics

Sterigenics is a plant in Willowbrook, located in DuPage County, west of Chicago. As part of its operations, Sterigenics routinely emits the gas ethylene oxide. Ethylene oxide is used to sterilize medical equipment, such as surgical trays.  Sterigenics operates over 40 facilities in 13 countries.

Cancer Clusters

According to the CDC (Centers for Disease Control), when a greater-than-expected number of cancer cases within a group of people in a certain area over a certain amount of time appears, it may be a cancer cluster. Could there be a cancer cluster in Willowbrook?

The EPA (Environmental Protection Agency) seems to indicate yes. The agency examined findings from a recent federal NATA (National Air Toxics Assessment) report showing that ethylene oxide is a significant cause of cancer risk. Preliminary findings show that the Willowbrook area is experiencing an exceptionally high rate of cancer, and links it to the gas emissions from Sterigenics.

Ethylene Oxide and Cancer

Ethylene oxide is a known human carcinogen, per the EPA. Over time, exposure to the gas leads to an increased risk of cancer. Many types of cancer are associated with ethylene oxide. These include breast cancer, non-Hodgkin lymphoma, myeloma, and lymphocytic leukemia.

Use and emission of ethylene oxide is a major part of Sterigenics’ operations.

Possible Cover-up

The EPA concluded that even low levels of ethylene oxide cause increased risk of cancer. According to reporting by the Chicago Tribune, state and federal officials were aware of, but did not disclose in a timely manner, the risks that Sterigenics posed to the Willowbrook community. Although some officials knew of the risks as early as December 2017, the information was not released to the public until August 2018.

Illinois Governor Bruce Rauner himself owned stock in the company. After first stating that Sterigenics had followed the rules and that there was no emergency, Rauner has since joined calls for Sterigenics to be closed until it is proven safe.

All individuals are susceptible to harm from exposure to ethylene oxide, but children are at increased risk from the chemical air pollution. Thousands of people live within a one-mile radius of the Sterigenics plant, and there are several schools and daycare centers nearby.

Lawsuits Against Sterigenics

A number of Chicago’s top personal injury lawyers have or will be filing lawsuits against Sterigenics on behalf of families whose loved ones lived, worked, or attended school near the Willowbrook facility. These lawsuits allege multiple theories of liability, including negligence, strict liability, and willful and wanton misconduct. Each claim is based on the general contention Sterigenic emission of ethelyne oxide caused serious injury to, and at times the death, of people in close proximity to the plant. At this time, all the lawsuits are in the early phase of litigation. Although it is too early to determine the ultimate outcome of these lawsuits, what is clear is that Sterigenics will attempt to mount a vigorous defense against the serious allegations by those who maintain the company is responsible for the preventable injury and death of many people in the community.

Community Meetings

Town hall meetings in Willowbrook and nearby Darien are scheduled in the coming weeks. Many members of the community are expected to voice concerns not only about the harm Sterigenics may have caused over the last several decades, but also concern over whether the facility continues to pose a danger. A number of state and federal officials are expected to attend these meeting and may or may not provide answers to many of these pressing questions.  Thus far, there is no indication whether Governor Rauner will send a representative.

State Lawsuit Against Sterigenics

In the latest development against Sterigenics, the Illinois Attorney General’s Office and DuPage County State’s Attorneys Office have filed a complaint Sterigenics.  The complaint alleges, among other things, that Sterigenics has emitted over 254,000 pounds of cancer-causing ethylene oxide into the facility’s surrounding neighborhood from 1993 to 2017. The complaint requests the state court to either shut down Sterigenics or enforce stricter limitations on the emission of ethylene oxide based on the cancer risks. According to Attorney General Lisa Madigan, it took longer than necessary to built the case against Sterigenics because Governor Rauner’s Illinois led-EPA office delayed providing key records and struggled to find an expert witness to testify in court. She further asserts the Rauner administration “hid information on the increased risks from the Sterigenics plant for over eight months.”

Sources Used:

Chicago Tribune: Trump and Rauner administrations knew about Sterigenics cancer risks months before telling public, by Michael Hawthorne, 10-26-18

Chicago Tribune: Citing cancer risks, Lisa Madigan, DuPage prosecutor urge court to shut down Sterigenics in Willowbrook, by Michael Hawthorne, 10-30-18

Sterigenics.com