Salvilaw

What if I miss time off of work, but I use my sick days, can I still recover for lost wages?

Yes, you can still recover your lost wages, even if you didn’t miss out on any money because you used sick or vacation time. Those sick and vacation days were earned by you, and you still deserve compensation. It is irrelevant and inadmissible under the collateral source rule in Illinois to admit into evidence the fact that you used sick, personal or vacation days when you were off work due to an injury.

What are my legal rights if I was injured in an accident or because of someone else’s actions?

You have the right to file a personal injury lawsuit against anyone who hurt you intentionally or because of negligence. However, you only have a limited period of time in which to pursue a claim. Illinois law requires most injury claims to be filed within two years from the time the incident occurred. You must also prove the required elements of an injury case, including that the defendant was unreasonably careless, broke safety rules or otherwise behaved wrongfully. If you prove your case, you have the right to be compensated for economic and non-economic damages resulting from your injury.

What does it mean to file a personal injury claim?

Filing a personal injury claim means filing a lawsuit, or complaint, that is aimed at securing full and fair compensation for your losses caused by another’s misconduct. Treating certain injuries such as brain damage or a spinal cord injury can cost millions of dollars. Your quality of your life can also change in many ways. Filing a personal injury lawsuit ensures that the party (or parties) responsible for your injury compensate you fully for all of your costs and losses. You must comply with all requirements set forth in the Illinois Code of Civil Procedure to file a personal injury claim.

How do I prove negligence in a personal injury case?

Proving negligence essentially involves establishing how a person’s careless conduct caused you to suffer injuries. Different standards will apply in different situations. Typically, the behavior of a defendant is compared with what an average hypothetical reasonable person would have done in the same situation. For example: Would a reasonable person send a text message while driving a car? In specific types of personal injury claims, such as medical malpractice cases, there is a different standard used to judge negligence. The doctor’s behavior is compared not just to that of a hypothetical r

How do I take legal action after I was injured?

You must file a claim with the appropriate court and state legal grounds for a lawsuit to make a claim after an injury. You have a limited period of time in which to take legal action and must comply with all court rules. Under Illinois law, most claims for personal injury must be filed within two years of the time when the injury occurs. When filing a claim, you must provide information on the actions of the defendant and explain why you believe the defendant is liable. Your position must be supported with court rules, laws and information about the accident. After your claim is filed, the de

What are some things I need to do to protect my legal rights?

To protect your legal rights, you must document all injuries and losses. You must also gather evidence to prove that the defendant’s actions caused your harm. Calling the police right after an accident and taking pictures at the scene are good steps to take to provide invaluable information on the cause of your injury. Detailed medical records and information on missed work are also important evidence. Finally, hiring an attorney is one of the most important things to do to protect your rights. For instance, at Salvi, Schostok & Pritchard P.C., we provide free initial consultations. You can sc

Who can be held responsible for causing my injuries?

Anyone who owed you a legal duty and fell short of fulfilling that obligation can be held responsible for your resulting injuries. For example: - A driver can be held responsible for causing an accident because he or she was drunk or distracted while driving. - A manufacturer can be held responsible for producing a dangerous product. - A doctor is liable if the physician made a mistake no reasonable professional would have made, or medical malpractice. If you are harmed by an individual who is working at the time, that person’s employer may also be held responsible for causing your injuries. E

What if I was partly to blame for my own injuries?

In many cases, it is still possible to obtain compensation even if your own actions contributed to causing your accident. Do not give up on your case without seeking legal assistance. Illinois follows a “modified comparative fault” rule. This means you may file a personal injury claim and obtain compensation as long as the defendant was 51 percent or more responsible for your injuries. Your compensation is reduced based on the percentage of fault attributed to you. For example: - If you were 55 percent responsible for your accident, you may not recover compensation. - If you were 40 percent re