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What You Need to Know About Medical Malpractice in Illinois

medical malpractice laws in Illinois

One of our practice areas here at Costa Ivone, LLC, is medical malpractice claims. Medical malpractice occurs when a patient is injured because a doctor, hospital, or other healthcare provider failed to abide by the standard of care that applies in their field of medicine. Medical malpractice claims are among the most complicated personal injury claims in Illinois, so here is what you need to know about medical malpractice in Illinois.   How long do you have to file a medical malpractice claim? As we discussed in our April post about statutes of limitations in Illinois personal injury lawsuits, the statute of limitations...

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Strict Product Liability in Illinois

product liability laws

Most personal-injury lawsuits, such as those involving car accidents, involve a plaintiff’s allegation that the defendant behaved negligently, causing an injury to the plaintiff. But in some personal-injury cases—namely, those relating to injuries caused by dangerous or defective products—courts don’t require plaintiffs to prove that the defendant was negligent.   Instead, these sorts of cases are decided under a theory of strict liability, in which it doesn’t matter whether the defendant was negligent or not. What matters in such cases is that the defendant sold an unreasonably dangerous product. Here is some basic background information about strict product liability in Illinois.   Types of...

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Why Workers’ Compensation Differs from Personal-Injury Claims

workers comp differs from personal injury

We have previously written about how workers’ compensation claims differ from personal-injury claims in Illinois. Three of the biggest differences are that:   An injured worker doesn’t have to prove that his or her employer was at fault in causing the employee’s injury. In a personal-injury case, the plaintiff must prove that the defendant was at fault in causing the plaintiff’s injury. An injured worker normally can’t sue his or her employer, but must rely on the workers’ compensation system to resolve the claim. Personal-injury plaintiffs can recover for pain and suffering and other types of damages that aren’t available to...

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Alternative Dispute Resolution in Illinois Personal Injury Cases

alternative dispute resolution

These days, relatively few legal disputes are resolved by going to trial. The clear majority are resolved outside of the courtroom as a result of what’s known as alternative dispute resolution (ADR). ADR is actually a broad class of strategies for avoiding trial, but the most common forms of ADR are negotiation, mediation, and arbitration. This post provides an overview of these three strategies and examines their advantages and disadvantages.   Overview of Negotiation, Mediation, and Arbitration Negotiation Negotiation is such a natural part of pursuing a personal injury claim that many people may not think of it as a form of ADR. But...

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Can You Be Fired for Filing a Workers’ Compensation Claim in Illinois?

construction worker

When a worker is injured in the course of his or her employment, the legal remedy for that injury is to file a workers’ compensation claim. But some workers are reluctant to file a workers’ compensation claim, fearing that their employer may fire them, give them a bad performance review, or otherwise discriminate against them in the future. However, there are two reasons that workers should feel comfortable with choosing to file a workers’ compensation claim in Illinois. First, employer retaliation for filing a claim is illegal under the Illinois Workers Compensation Act (IWCA). Second, Illinois courts recognize a cause...

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What Do You Do When Someone Else’s Insurance Refuses to Settle?

car accident attorney

Picture this: You’re seriously injured in a car wreck. You believe the other driver is at fault. Her liability insurer believes you are at fault. You sue the other driver, seeking damages that exceed her insurance policy limits, but offer to settle for an amount equal to those limits. The insurance company refuses, believing that it can avoid paying anything at all by winning at trial. And even if you win, it’s only obligated to pay up to policy limits, so what’s it got to lose, right? Wrong. To understand why, let’s step back and look at the big picture when...

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The Blame Game in Court

court room interior

In a personal injury lawsuit, a plaintiff claims that the defendant caused some bodily injury to the plaintiff. In turn, the defendant will often claim that the plaintiff is at fault for his own injury—or at least part of it. The parties play this blame game because it can mean a greater or lesser recovery for the plaintiff and a greater or lesser hit to the defendant’s pocketbook. The legal significance of the blame game in personal injury lawsuits has changed over time. This post summarizes how different states, including our own state of Illinois, deal with these contradictory claims...

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Statutes of Limitations for Personal Injury Claims in Illinois

statute of limitations in Illinois

In Illinois, statutes of limitations set a time limit on how long after being injured a person can file a lawsuit. If a lawsuit is filed after the statute of limitations has run—that is, after the time limit expires—then the defendant can ask the court to dismiss the lawsuit as untimely. Different statutes of limitations apply to different kinds of injuries. In general, a person has two years after being injured to file a lawsuit for his or her personal-injury claim. Some legal doctrines serve to extend the time limit imposed by a statute of limitations, but they should not...

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Expanding Services in Kane and Cook Counties

Costa Ivone, LLC Law Firm

Personal injury and workers' compensation law office in Berwyn, now serving Aurora and Elgin, Illinois; Launches new website   We just announced that we’re opening up our services to Aurora, Illinois and Elgin, Illinois. The goal is to bring our celebrated personal injury legal services to the broader Kane and Cook Counties. We made the decision to expand after the sustained growth of our practice across the Chicagoland area. We have seen our caseload increase steadily over the last few years. Clients have been finding us basically from everywhere in the Kane and Cook County regions. Opening up our services to a broader...

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Be Careful What You Post Online

You can get sued for these two very common everyday actions online!!   1. Posting a Negative Review Online In this day and age, it is not uncommon for a dissatisfied customer to head online to voice their grievances about a business or service provider. However, can these negative reviews ever be the subject of a lawsuit? The answered advice to this question comes down to whether or not the negative comments can be labeled as defamation. Defamation is defined as publicly saying something that damages a person’s reputation. Libel is written defamation, while slander is spoken defamation. To ensure that you cannot be sued...

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