personalinjury

How the Coronavirus Pandemic May Affect Personal Injury Cases

Published on: April 17, 2020 | By Hart David Carson LLP

The disruptions brought on by the corona virus pandemic have impacted the lives of everyone, including Illinois residents. Among the difficulties current conditions present are those revolving around personal injury cases. There are a number of ways your case could be affected, and it’s important to know how to move forward from this point.

Seeking Medical Treatment during the Pandemic

One major difficulty is limited access to medical treatment. If you have been injured, you need to seek medical care as promptly as possible. However, with many healthcare facilities treating far larger numbers of patients than ever before, non-emergency care is often postponed.

What Cases Qualify for Punitive Damages?

Published on: April 13, 2020 | By Hart David Carson LLP

If you have been injured as a result of another person’s negligence, it’s natural to want to see that person punished. However, the primary purpose of personal injury damages is to compensate you for your injury, not necessarily to punish those responsible.

That said, punitive damages are occasionally assessed in order to directly penalize those responsible for an accident or injury. That said, they don’t apply in most cases, so they’re fairly rare.

Understanding Punitive Damages

Can I Sue My Employer if I Get Sick at Work?

Published on: March 23, 2020 | By Hart David Carson LLP

Illinois workers’ compensation law prevents employees from suing their employers in the event of a workplace injury, including illnesses contracted on the job.

However, employees may be able to recover benefits if they become ill as a result of performing workplace duties.

Workers’ Compensation and Employer Liability

Can Nurses Get Workers’ Compensation in Illinois?

Published on: March 18, 2020 | By Hart David Carson LLP

Hospital workers, including RNs, CNAs, and LPNs, face numerous challenges in their fast-paced line of work. These challenges often lead to injury, and it’s important for nurses to know that they are entitled to workers’ compensation if that happens.

Workers’ Compensation Laws for Hospital Workers

Illinois workers’ compensation laws cover the vast majority of employees in the state, including nurses. The law is a no-fault system, meaning you don’t have to prove fault in order to collect compensation for your injury.

Ridesharing Vehicle Accidents in Illinois – What You Need to Know

Published on: March 6, 2020 | By Hart David Carson LLP

Rideshare companies such as Uber and Lyft have become vastly popular throughout the nation, including in the state of Illinois. Along with that increased popularity is an increased incidence of accidents involving rideshare company drivers.

Given the parties involved in these accidents, it may be difficult to collect damages. Doing so depends on who is at fault and the role you played at the time.

Lawsuits Depend on Your Role

Illinois Statute of Limitations – Rules and Exceptions

Published on: February 7, 2020 | By Hart David Carson LLP

Personal injury cases have a time limit in which you can file a claim. Once that time limit expires, you’re no longer able to file a lawsuit. The reason for this is to make sure lawsuits are handled in a timely manner before supporting evidence deteriorates, but it can mean the difference between receiving adequate compensation and not.

Two-Year Statute of Limitations

Most personal injury cases in the state have a two-year statute of limitations. That means you must pursue a lawsuit within two years of the incident that caused your injury.

Types of Product Liability Claims

Published on: February 6, 2020 | By Hart David Carson LLP

Often, injuries result from a faulty product. A case involving this type of injury falls under product liability, in which either the manufacturer, the party who designed the product, or those in charge of marketing and labeling are held responsible for any damages that may result.

These types of claims are further divided into different categories depending on which party is responsible.

Main Types of Product Liability

Appealing a Decision from the IWCC

Published on: January 27, 2020 | By Hart David Carson LLP

The Illinois Workers’ Compensation Commission (IWCC) handles workers’ comp claim denials, typically through an arbitrator. Those who appeal the arbitrator’s decision must appeal to the IWCC directly. After the IWCC, the only option is to go to court.

The process can be difficult, but it may be possible in some situations. Here, we’ll discuss the appeals process and how to best appeal an IWCC decision.

The Appeals Process

Liability in Car Accidents with Multiple Drivers

Published on: December 27, 2019 | By Hart David Carson LLP

A car accident case can be challenging enough when you have just one other driver involved. When there are two, three, four, or more drivers involved in a wreck, it can complicate things even further. In some cases, liability may not be completely clear, and there may be mitigating factors involved as well.

The end result is a much more challenging personal injury case. Following are some of the challenges of multi-car accidents when it comes to personal injury claims.

Multiple Possible Defendants

Challenges of Commercial Truck Accident Cases

Published on: November 19, 2019 | By Hart David Carson LLP

Accidents involving tractor trailers and other large commercial vehicles can be devastating. Recovering enough to pay for your injuries can be a challenge in these cases, partly due to how these types of lawsuits work.

While it may be simple enough to prove that the truck driver was indeed at fault for your injuries, actually recovering damages may prove a challenge.

Complications and Challenges with Truck Accident Cases