Have you suffered a personal injury that wasn’t your fault? The trauma and pain involved is devastating and the impact on your life and finances is huge, from medical expenses and regular physiotherapy and time off work to pain and suffering and punitive damages.
At the Law Firm of Costa Ivone, LLC, our team of enthusiastic and sympathetic personal injury and workers’ compensation lawyers is dedicated to justice for our clients and we have an excellent record of getting clients the settlements they deserve for their claims and lawsuits.
We recovered $6,500,000 for our clients in 2016.
Discover how we can recover money for you, too. Give our office a call at (708) 400-0000 for your free, no-obligation evaluation of your claim.
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What happens when you work with us?
We negotiate with employers on workers’ compensation claims. We argue persuasively with insurers when it comes to reaching a fair settlement for a client who was injured in an accident that was not his or her fault. We keep our clients informed as we progress on a settlement. When your claim is still active, this will always be clear to you.
In Illinois, personal injury law covers you when the accident that caused your injury was not your fault.
Our diverse areas of practice include:
What we can claim for you for a personal injury:
There are several parts of a personal injury claim we can negotiate for you. These include:
When our attorneys negotiate the cost of your medical treatment, they ensure the insurance company responsible for paying the claim receives a detailed report of your injuries, the medical treatment and costs. We ensure a doctor’s report of your medical condition and estimated recovery time is covered, as well as the medications and ongoing treatment you require.
Whether you are losing wages for a short time or an extended period of time, it is devastating for your family and your financial planning. We get this. When we work on a claim, we evaluate the full scope of the impact of your lost wages and the finer details involved and we include this information when we present your claim.
Pain and Suffering
Damages calculated for pain and suffering are hard to quantify because pain and suffering are subjective. Our attorneys look at several factors to calculate a financial value for pain and suffering, including the type of injuries and the degree of physical and mental suffering involved. This could include the impact of disfigurement, inability to take part in everyday activities and chores and the effect the injury has on any pre-existing condition.
Where applicable, we use the multiplier method after calculating the loss in wages first and multiplying the figure by a chosen number. For example, if the loss of earnings overall was calculated to be $100,000 and this figures is multiplied by 3 to reach the non-economic damages for pain and suffering, this amount would end up as $300,000.
These are sometimes permissible in a settlement if the person who caused the accident was deliberately negligent.
Modified Comparative Negligence
We work tirelessly and aggressively to ensure the victim of an injury is not unfairly penalized by Illinois’ modified comparative negligence ruling, which can bar any recovery by the plaintiff if he or she found to be more than 50 percent responsible for the injury. Sometimes, this is an insurer’s excuse to reduce the payment. We make sure that none of our clients suffer as a result of unsubstantiated evidence and we find all the required proof to win a just settlement for our clients.
What is personal injury law?
When an accident takes place, personal injury law determines who is liable for any injuries and how compensation is paid. Tort law is the legal term that we follow in personal injury law. It covers all of the different types of injuries to both property and people.
The main principle at stake in this area of law is recognizing the degree of fault placed on the person who allegedly caused the injury. There are 3 main degrees of fault, which are:
What is negligence and why is it an important factor in a personal injury case?
Negligence is important in tort law. The assumption is that everyone is expected to act in a way that ensures others are not injured from their actions. If property belonging to a person is damaged, or a person is injured, the individual at fault is held responsible.
Negligence doesn’t mean that this person intended to cause injury, but that reasonable care was not taken to prevent the injury. Each personal injury case is evaluated by the degree of care that was taken by the person found to be at-fault.
What are intentional torts?
This is a tort that refers to an injury someone intended to cause. This includes libel, slander, assault and inflicting emotional stress on another person.
What is strict liability and does it apply to product defects?
Yes. If someone is injured when using a faulty product and wasn’t aware of its flaws, under strict liability law the victim doesn’t need to prove the manufacturer was negligent, just that the product caused the injury. It is possible to file a lawsuit against any party who was involved in the product in some way including the designer, the manufacturer or the retailer selling the product.
I was injured at work. Now what?
When you are injured at work you should ensure a report is filed to your employer, informing him or her of your situation. Sometimes employers try to ignore their injured employees when they ask them for workers’ compensation. In some cases an employer hasn’t taken out the relevant workers’ insurance to cover employees.
Whatever the reason for not receiving the compensation that you deserve, the attorneys at Costa Ivone, LLC in Elgin, Illinois work tirelessly to help their clients get the workers’ compensation they are legally entitled to receive.
How do work Injuries take place?
Work injuries are caused in a variety of ways, including: slips and falls on unseen hazards, using defective or dangerous equipment, repetitive motions, unsafe workplaces, vehicle accidents, being exposed to dangerous substances, fires and explosions and even workplace violence.
How does comparative negligence work in Illinois?
Many U.S. states, including Illinois, have adopted laws in relation to comparative negligence when an accident happens and there is damage to property and injuries to victims. The law determines how the responsibility for an accident should be shared between the parties that are directly involved in it.
In a situation where two parties are involved, one is referred to as the 1st party while the claimant is the 3rd party. Comparative negligence law decides who out of the two parties who will be the recipient for compensation for any losses and the amount that should be received, depending on who caused the accident and to what extent that person was at fault.
Comparative negligence is best explained with an example. Suppose John is breaking the speed limit on a high street and Janet makes a left turn in front of John causing her to hit his car. Both drivers have contributed in some way to this accident so the insurance company will apply comparative negligence laws to determine who is liable to pay for damages.
Illinois uses modified comparative negligence as a method of recovering damages. Under this law an injured person may be able to recover damages if he or she is less than 50 percent at fault for the damages or injury. The amount recovered can be reduced proportionally to the extent that the injured party is found to be at fault.
For example, if the other driver’s action determines that he is 80 percent at fault and you are found to be 20 percent, you will be eligible to collect damages because the percentage that you were to blame is less than 50 percent. However, you may only be offered 80 percent of the cost of damage and the treatment for your injuries by the insurer of the other driver.
How Is Comparative Negligence Resolved?
Insurance companies are never eager to pay damages to any party when an accident takes place. It’s in your interest to contact the attorneys at Costa Ivone, LLC which is a personal injury and workers’ compensation law firm that works tirelessly on behalf of injured clients throughout Illinois.
The insurance firm responsible for funding the damages claim will normally make an offer, but this is often a minimum amount and may only be based on an estimate of the percentage of blame accorded to the parties involved. An attorney will ensure the facts are correct and you get the compensation you deserve. You can try to negotiate on your own but you will usually get fairer compensation if an attorney works on your behalf. If it’s impossible to reach a settlement when determining comparative negligence the court has the final say in the matter.
What are the most common injuries at work that entitle workers to compensation?
What am I entitled to under Illinois Workers’ Compensation Act?
Say, for example, Maria is moving houses, so she is driving her car with items piled to the ceiling, which are obstructing her view. Jessica is driving too fast along the street that Maria’s street crosses.
Maria doesn’t see Jessica’s car and pulls out in front of her and hits her car, causing an automobile accident. Jessica may have had more time to swerve or stop had she not been speeding. Since both drivers have contributed in some way to this car accident, the insurance company will apply comparative negligence laws to determine who is liable to pay for damages for the car wreck.
To recover damages, Illinois uses modified comparative negligence. This law states that an injured person may be able to recover damages if he or she is less than 50 percent at fault. The amount recovered can be reduced in proportion to the amount of fault of each party in the car accident.
In the example above, a judge may find one person in the automobile accident 75% at fault, and the driver who is 25% at fault would be able to collect damages, as their portion of blame is less than 50%. However, he or she may only be awarded 75% of the cost of damages and medical costs by the other driver’s insurance company.
Get the Auto Accident and Workers’ Compensation you deserve: Talk to an Attorney
When you are injured via a car accident, you should ensure a police report is filed. If you are injured at work you should ensure a report is filed to your employer, informing him or her of your situation. Sometimes employers try to ignore their injured employees when they ask them for workers’ compensation. In some cases an employer hasn’t taken out the relevant workers’ insurance to cover employees.
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