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Articles Posted in Personal Injury

Can Subcontractor Employee File a Personal Injury LawsuitThe general rule in Illinois is that workers’ compensation is an injured employee’s sole remedy for workplace injuries unless certain very limited exceptions apply. 820 ILCS 305/5 states that there is no right to recover for these injuries or death “other than the compensation herein provided.” Of course, the compensation that the statute is referring to is workers’ compensation. However, there may be some scenarios under which an injured employee can file a negligence lawsuit, namely when someone else is responsible for their injury.

It is common in the construction industry for there to be a general contractor and multiple subcontractors on a worksite. It is a standard business practice. Each entity is responsible for different parts of the job. As a result, there are hundreds of construction workers on a site answering to different people. However, they only answer to their direct employer.

In Illinois, the laws are very strict about workers being required to stay within the workers’ compensation system. There are very limited exceptions to the rule that workers’ compensation benefits are the sole remedy for injured workers. In Illinois, there is not even an exception for gross negligence as there is in some states. Essentially, the employer has to act intentionally to be liable in a lawsuit. Otherwise, workers’ compensation benefits are the exclusive remedy for a worker’s injury.

future medical expensesWhen you file a personal injury lawsuit, you are paid for damages that you have suffered in the past and present.Many plaintiffs do not realize that the damages award also covers harm that they will suffer in the future.

This includes economic damages such as lost wages and future medical expenses. When you file an Illinois personal injury lawsuit and do not request future medical costs, you are leaving money on the table.

While you may not want to think about the future when you have suffered serious injuries now and trying to recover the money that you need to make yourself whole after the accident, you must think ahead and plan how you will show the court that you are entitled to damages later in time. This is even more important when you have suffered catastrophic injury.

lawsuit loss of earningsIn a personal injury case for something such as a car accident or other mishap, the plaintiff is entitled to collect both non-economic and economic damages. Non-economic damages measure things such as pain and suffering and emotional trauma.

Economic damages are intended to compensate a plaintiff for actual losses that they have suffered. This can include lost wages, medical bills and other medical expenses. When it comes to a wage loss claim, this amount can end up increasing dramatically.

In Illinois, the standard for injured workers is that you are able to show that your injury is permanent and that is prevents you from continuing employment. Antol v. Chavez-Pereda, 284 Ill. App. 3d 561, 573, 672 N.E.2d 320, 329 (1st Dist. 1996).

personal injury venue selectionWhen you file a personal injury lawsuit, the venue for your trial matters. It can make the difference in whether you are able to recover for your injury and the amount of your financial compensation. You want to choose the right venue for your case, even though there are rules that govern where you can file your lawsuit. Within those laws, you want to increase the chances that you will end up in front of a sympathetic jury that will award you the financial compensation that you deserve.

When you have been injured in an accident, you will need to be compensated for the damages that you have suffered from your serious injury. This includes lost wages, costs of medical treatment and physical therapy and pain and suffering. You would need an adequate jury award to cover all of these.

Venue Rule in Illinois

Understand the Types of Recovery AvailableWhen you have been injured in an accident, the ramifications can impact all aspects of your livelihood. You may be unable to return to work, and this may prevent you from contributing as a main source of income for your family. Perhaps you are concerned about being able to make payments for your mortgage, medical bills, groceries, utility bills and other expenses that you face in your daily life. Whatever the case may be, it may be possible for you to recover lost wages with the help of a personal injury attorney. Learning about your rights to compensation is essential if you wish to get started in this process. Here, you can find the information that you need to empower you to pursue your legal right to compensation after being involved in an accident.

Step One: Assess Your Situation

You should first take the time to assess the amount of time in which you have foregone your right to compensation after an accident. If you have only missed a few weeks of work and have already returned to work, then you situation will likely be relatively straightforward. It will be easy for you to assert your right to compensation in this case. Cases become more complicated when you have been unable to return to work for many months or realize that you wish to file a claim for compensation a year or more after your accident. It is in your best interest to get in touch with a personal injury lawyer who will assess whether you still may file a legal claim under the Statute of Limitations for your case. It may also be possible for a personal injury lawyer to negotiate and settle your case with an employer or insurance company outside of court.

Oddest Personal Injury LawsuitsMost personal injury lawsuits involve damages you might expect – broken bones, lost or damaged property, loss of income, or medical bills. However, some courts see personal injury lawsuits that are a little bit, well, odd.

From poor weather predictions to surprise knives in your sub, here are eight of the weirdest personal injury lawsuits that actually held up in court.

1. Bad Forecasting

Odd Common Personal Injury CausesLife is full of risk. While there may be a grain of truth to the cliche ‘ignorance is bliss,’ sometimes it’s better to be fully aware of the risks you face on a daily basis — and how they can be mitigated. Below, we offer insight into some of the most common — and unexpected — sources of injury.

Car Accident

If you drive, you will almost assuredly be involved in a car accident at some point. Estimates from the car insurance industry suggest that the average driver files a claim at least once every 17.9 years. This statistic doesn’t take into account the many drivers who fail to file after being involved in accidents. The good news? Data from the National Safety Council indicates that just one of every 1,000 accidents involve fatalities. Still, the cost of even minor accidents can be prohibitive, with many victims suffering lasting physical and mental damage.

workplace accidentInjuries can happen anywhere, at any time, to anyone. In fact, some of your favorite actors sustained serious injuries while shooting major blockbuster films. These injuries range from minor fractures and lacerations to serious, life-threatening conditions that required hospitalization.

Here are nine actors who sustained injuries during filming:

1. Viggo Mortensen in Lord of the Rings: The Two Towers (2002)

United States Expungement LawsDo you want to seal your criminal record from certain databases? Record expungement can help open doors to employment, housing, voting rights, and more. Here are the applicable expungement laws for all 50 states.

*** Note: This webpage is for informational purposes only. Rosenfeld Injury Lawyers LLC does not handle expungement or criminal law cases. We do handle serious accident cases involving: car accidents, nursing home abuse, medical malpractice & wrongful death

Alabama

Gun Violence in ChicagoChicago has an unfortunate history of gun violence, stemming from the rise of gangs in the 1920s and continuing on to the present day. Despite its merits, the city cannot seem to break away from its dark past. While Chicago is relatively safe for most residents, gun violence is still a significant issue.

The Origins of Chicago Gun Violence

Chicago’s history of gang violence began with ethnic divisions between Polish, Irish, and Italian immigrant populations in the late 19th century. Consistent violence led to the rise of Chicago as one of America’s largest gang cities. The original gangs may no longer have a large presence on Chicago streets, but they do provide the background for Chicago’s gun violence problem.