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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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Back Injury Advice

Hiring a personal injury attorney to assist your back injury claim or lawsuit will give you the best chance to get the recovery that you deserve.  Attorneys have the experience to negotiate with insurance carriers, calculate the value of your damages, and pursue legal action when settlements are unsuccessful.  Unless your back injury is minor and without chance for long lasting effects, an experienced lawyer is almost necessary to your claim. Why Hire a Back Injury Lawyer There are a number of reasons to hire a lawyer to assist your back injury claim: •Level the playing field:  Insurance companies have experienced professionals who...

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I’m Injured, What Do I Do?

If you are considering a personal injury lawsuit, there are some basic legal terms and procedures that will come up during the process.  Although an attorney will likely handle much of the work, keeping informed of what you will face can help your case.  State law will vary, however, the following general principles of personal injury law can help you understand what you face when you take legal action.  As with any lawsuit, an experienced attorney can help you collect the money you deserve. If the accident occurred at work or in the course of your employment, worker's compensation laws may...

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Facts about Negligence

Do you think that you have a case involving negligence but aren’t sure of the factors involved? I am going to present to you a list of what classifies as negligence and whether or not you have a case. First and foremost is duty. Do you have a duty to the person you harmed? For example, if you are living in an apartment and you are hurt due to unsafe conditions. You could have a case against the landlord, because he owes a duty to you as a landlord. It doesn’t have to be a written agreement for someone to...

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