Articles Tagged with personalinjury

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Whether you have an injury from a previous accident, an ongoing illness, or a condition from birth that makes you more susceptible to injury, pre-existing conditions can impact your personal injury case in a number of ways. The defendant may try to use your condition to justify paying less for your injury, so it’s important to have expert help on your side.

How a Pre-Existing Condition Could Compromise Your Case

Regardless of your pre-existing condition, the defendant (i.e. the person or party responsible for your injury) is legally obligated to pay compensation for any harm they cause to you. As such, they do not need to pay damages for your pre-existing condition.

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The more evidence you have to support your personal injury claim, the better your odds of recovering damages for your accident. There are many documents that are needed in the course of your claim, including those used as proof of the accident, proof of fault, and proof of losses.

Evidence of the Accident

These documents will help your attorney demonstrate what happened at the scene of the accident and determine who may be at fault.

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In personal injury cases where both parties—the plaintiff and the defendant—are partially at fault, there are laws in place that may limit the damages the plaintiff is entitled to recover. In most states, comparative fault is the legal doctrine that is used, but there are states that use contributory negligence instead.

Comparative Fault Vs. Contributory Negligence

Comparative fault is a more recent legal doctrine than contributory negligence, and many states have adopted it since it’s much less harsh on the plaintiff (i.e. the party who was injured and is filing the lawsuit). Put simply:

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In the event of a work injury, workers’ compensation is intended to be the primary means of financial relief. However, it may be tempting to have your personal health insurance cover your medical expenses, particularly if your employer is showing some resistance to providing coverage.

It’s important to know how workers’ compensation differs from your personal health insurance, particularly when it comes to work injuries.

Injuries Covered by Workers’ Compensation

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In the event of a personal injury, it is best to take action promptly. The longer you delay filing a lawsuit, the lower your odds will be of recovering sufficient damages. As such, it’s best to file ASAP.

Statute of Limitations

First of all, virtually all personal injury lawsuits are subject to a time limit known as their statute of limitations. For Illinois lawsuits, this time limit is usually two years, meaning you have two years from the time of your accident to file a claim.

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In some Illinois workers’ compensation cases, the insurance company may ask for an independent medical examination (IME). They’ll send a doctor to examine you and either confirm or deny the nature of your work injury.

Given that IME doctors are hired by the insurance company, there’s a fairly good chance that they’ll try to give a report that either minimizes your injury or else claims that it wasn’t related to your employment. In these cases, it’s important to know what to do.

Ways an IME Doctor May Try to Limit Coverage

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Getting injured in an accident is a harsh, traumatic experience. There’s a lot going on—doctor’s visits, calls from insurance companies, and excruciating pain and suffering. If your injury resulted from another party’s negligent actions, you have the opportunity to recover damages from them, but that will mean finding a lawyer.

It’s normal to be apprehensive before your initial consultation with a personal injury lawyer. Knowing what to expect can help you move forward with the process.

What Happens During the Initial Consultation?

Often, severe accidents warrant filing a lawsuit. However, it’s important to recognize when legal action is appropriate. Attorneys evaluate cases based on their viability, meaning your case has to be worth pursuing before they take it on. They’ll do so by looking at a number of factors.

Factors to Consider Before Suing

Lawsuits can be expensive to pursue, so your attorney will need to determine whether your case is worthwhile. The factors that need to be considered before filing a personal injury lawsuit include the following.

If you work remotely, you may be covered by workers’ compensation, even though your job duties don’t take you onto your employer’s premises. However, there are a number of factors that could impact your claim should you be injured on the job while working from home.

Remote Employee Vs. Independent Contractor

First of all, it’s important to distinguish whether you’re actually an employee. If you’re a freelancer or independent contractor, then you don’t qualify for workers’ compensation coverage.

Spinal cord injuries can be catastrophic, often resulting in severe lifelong disability. If one of these injuries results from negligence on the part of another party, it may be worth a significant amount in damages.

Typical Damages for Spinal Cord Injuries

For extreme spinal cord injuries resulting in lifetime tetraplegia (loss of use of all four limbs), the average lifetime medical costs are estimated to be over $5 million by The National Spinal Cord Injury Statistical Center. However, many spinal cord injuries only result in a partial loss of mobility, such as paraplegia (lost use of the legs and lower body).

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