Personal injuries can change your life. The cost of hospital bills can send a faultless victim into financial ruin. Beyond the medical expenses, punitive damages, and lost wages, the mental and physical trauma, pain, and suffering can impact or even devastate someone’s daily life permanently.
At the Law Firm of Costa Ivone, LLC, we know what our clients deserve, a fair settlement for their claim and justice for their lawsuits. Our personal injury team knows the suffering your injury has caused. Along with our workers’ compensation lawyers, we are eager to add your case to our long list of success stories.
When you are ready to put us to work on your case, call our office at (708) 000-0000. It’s a free call and it puts you under no obligation to use our services. However, our clients in 2016 were relieved to get back $6,500,000, and we want to do more in 2017.
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If you hire us, what happens next?
When you chose to work with our firm, we will keep you involved and notified every step of the way until we reach a settlement. You will no longer have to fight with employers for your workers’ compensation, because we will do it for you. A client who was injured in an accident that was not his or her fault, should not have to argue with the insurance company, further adding to an already stressful situation. Instead, put the experts in charge and your mind at ease.
If you are involved in an accident, personal injury laws in Illinois cover you when you become injured and your injury was not your fault.
Our practice offers a wide range of expertise:
Workers’ Compensation for workplace injuries: including repetitive strain injuries, traumas
Motor Vehicle Accidents
Bus & Train Accidents
Malnutrition & Dehydration
Premises Liability (Break-Ins…
Nursing Home Abuse
We can negotiate various parts of a personal injury claim, including:
Pain and Suffering
Costs of Medical Treatment
Modified Comparative Negligence
Loss of Consortium to your Family
Pain and Suffering
How does one put a price on your pain? It is difficult to measure the damage and suffering an injury causes. Our attorneys are experienced in calculating a financial value for pain and suffering. One factor is the type of injury, along with the physical and mental suffering and to what degree. An injury can affect or worsen a pre-existing condition, cause disfigurement, alter your daily routine and mobility, and keep you from participating in and enjoying an everyday, normal life.
We do have a method we use when applicable, in which we first calculate the lost income, and then multiply that amount by a chosen number.
Let’s say a client missed out on $50,000 of income. It may be multiplied by 4 to find the amount owed for non-economic damage, which would be pain and suffering. The client would be owed $200,000.
Cost of Medical Treatment
The cost of your medical treatment will be negotiated among the insurance company responsible for the cost of the claim, the facility providing treatment, and the attorneys you put on your side. We will ensure that the insurance company has a full report of the details of your injuries, the patient cost, and the treatment. We won’t settle for anything less than coverage of all medications and ongoing treatment. We also make sure that a doctor’s report of your condition and time needed for recovery are covered.
We know that almost all families rely on their expected pay. When you are injured, you might miss a couple days or you might miss and extensive amount of work, such as a few months. No matter the amount of time lost, your financial well-being will be affected, and quite possibly destroyed. This is why we work as quickly as possible to present your claim, while accounting for all aspects of how the loss of wages has impacted your life and livelihood.
If the accident was caused by a party who was deliberately negligent, meaning they hurt you on purpose, you may be entitled to collect punitive damages in your settlement.
Modified Comparative Negligence
In the state of Illinois, one can be penalized by a modified comparative negligence ruling, which means the insurer will try to prove that the plaintiff is at least 50 % to blame for the injury, therefore barring any recovery. It lessens the amount for which the insurer is responsible, so we are extremely aggressive in making sure our clients do not fall victim to this unfair loophole. We will not stop until we have done all we can to prove that our clients did not cause the accident and should be awarded a fair settlement.
Personal injury law decides who is at fault in an injury, and how the injured party should be compensated. It refers to the legal help and defenses in civil lawsuits prompted by wrongful conduct. In fact, the word “tort” is from a Latin term meaning twist, wrong, or harm. A tort action won’t involve government prosecution, but it does cover damages to property and/or people.
Mainly, there are three degrees of fault, and personal injury law was created to recognize the degree of fault by those who allegedly caused an injury. They are:
Negligence (Anchor to “Negligence…” below)
Intentional Fault (Anchor, as above)
Strict Liability (Anchor, as above)
What is negligence and why does it affect my personal injury case?
Negligence simply means that there is a standard of behavior that the law recognizes as the level at which you are not putting others at risk of harm. It’s important in tort law. When a person’s actions or lack of action leads to an injury or damage of property, that individual is responsible and considered at fault.
Negligence doesn’t mean that the injury was intentional. It means that it could have been prevented, but the person responsible failed to do so. This person is then found to be at-fault.
What are intentional torts?
Intentional torts refer to injuries like assault, libel, slander, and causing someone emotional stress. The person accused was intentional and meant to cause harm.
What is strict liability?
This refers to defective products that cause an injury. The distributor of the faulty product wasn’t necessarily aware of its flaws, but under a strict liability law, the victim doesn’t need to prove the manufacturer was negligent, just that the product caused the injury. A lawsuit can be against any or all who were involved in the product. For example, the plaintiff might sue the inventor, the manufacturer, the designer, or the store from which it was purchased.
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.
How can you help me with a work injury?
Normally, when one is injured in the workplace, there are strict guidelines that must be followed. Be sure to file a report about the incident with your employer. You might need an experienced attorney to help you recover wages if the employer doesn’t comply with a request for workers’ compensation. Companies have been known to fail to acquire the necessary insurance that would cover all the parties involved.
The attorneys at Costa Ivone, LLC in Waukegan, Illinois will fight for what you deserve from your employer, no matter the reason.
What constitutes a work injury?
Most people think of tripping, slipping, or falling, but a work injury can be caused over time from repetitive motions, exposure to hazardous materials, or heavy lifting. Other injuries could be falling objects, getting hurt while using defective, dangerous equipment, a fire or explosion, a vehicle accident, or being assaulted by another employee.
How does Illinois handle comparative negligence?
The laws that determine comparative negligence are confusing and require an attorney who knows how to make the law work to protect our clients. Illinois has adopted these types of laws to deal with injuries to people and damaged property from an accident. We can make sure the law is working for you to determine responsibility of both or all parties involved.
When two parties are involved, one is referred to as the 1st party and the claimant is the 3rd party. Comparative negligence law allows compensation for each party and determines the amount paid or awarded based upon the extent to which each party was at fault.
One example of comparative negligence is if a person entered a store in which shelves were unsafely stacked with boxes on the top shelves. The person ignores the “No Running” signs, and bumps the shelf, causing the box to fall on him. The store and the shopper were at fault for this accident, so the insurance company will apply comparative negligence laws to determine who is liable to pay for the medical costs.
Modified comparative negligence is how our state determines the fairest way to assign blame for damages and responsibility for restitution. This Illinois law says an injured person may be able to recover damages if he or she is less than half at fault. However, this amount recovered can be reduced based upon the degree to which each party is responsible.
In the store example, since the store posted caution signs about not running, this action can lessen the percentage of fault from maybe 50% to 30% making the gentleman 70% responsible. That makes the store less than 50% responsible. However, they may offer to pay 30% of the cost of his injuries through the store’s insurance.
How does comparative negligence get resolved?
Who do you think works to make sure companies don’t have to pay for damages from an accident? It’s their attorneys!
Protect yourself by having the attorneys at Costa Ivone, LLC on your side. Personal injury claims and workers’ compensation lawsuits are what we tirelessly fight for, to help our injured clients throughout Waukegan to get fair settlements.
Insurance companies are notorious for quickly offering a lower amount than you’re entitled to, in order to avoid giving you a chance to “lawyer up”. This is the lowball, bare minimum offer your mom warned you about! It’s normally just a percentage of what you deserve. But having one of our attorneys on your side will give you a leg up to get the facts straight, reduce the amount of stress on you, and likely get you higher results.
The most common work injuries for which workers get compensated are what?
Multiple Fracture Injuries
Spinal cord injuries
Traumatic Brain Injuries
Under the Illinois Workers’ Compensation Act, to what am I entitled?
Temporary Total Disability – Allowing you to recover at home
Permanent Partial Disability – The loss of the use of an arm, for example
Permanent Total Disability – If you can’t find work due to your injury
Lost Wages – Because you can no longer complete all your job’s tasks
Vocational Training – in a new job skill
Benefits to Dependents – if you lose your life at work caused by the job
If you deserve workers’ compensation: Talk to an Attorney!
Remember, injuries at work require you to file a report. If your employer ignores you, or doesn’t have the necessary insurance, give Costa Ivone, LLC a call to make sure your expenses are paid.
FREE Claim Evaluation – Contact Us Today