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The Phases of an Illinois Personal Injury Lawsuit

phases of illinois personal injury

When most people think of lawsuits, they picture what happens at trial: two attorneys in a courtroom asking questions of witnesses before a judge and jury. But lawsuits involve much more than just what happens in the courtroom. To help visitors to our blog understand what is involved in a lawsuit, this post provides a basic overview of the phases of an Illinois personal injury lawsuit.   Pre-Filing Before filing a lawsuit, an attorney will investigate a plaintiff’s claim and try to negotiate a settlement with the defendant. Many personal injury claims are settled without even filing a lawsuit.   Filing...

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Product Liability, Medicine, and the Failure to Warn in Illinois

product and medical liability

Back in June, we wrote a post about strict product liability in Illinois. Today, we’re going to take a closer look at a particular type of product liability case—a pharmaceutical company’s failure to warn about the potential side effects of using its prescription medicine. Imagine this scenario: You go to the doctor, complaining of some ailment. The doctor prescribes a drug that is supposed to help you get better. Because your doctor is a good one, he or she informs you of a long list of side effects so that you know what risks are involved. Yet, after taking the drug, you...

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Illinois Slip-and-Fall Lawsuits and Premises Liability

slip and fall accidents law

Premises liability lawsuits are among the most common types of personal injury lawsuits in the United States, but they often go by a different, more descriptive name: slip-and-fall lawsuits. As that name suggests, plaintiffs in slip-and-fall cases have been injured by slipping and falling while on the defendant’s property. For example, many slip-and-fall cases involve supermarkets or other public locations where some liquid has been spilled on the floor. The plaintiff unwittingly steps in the liquid, falls, and is injured. In this post, we provide a basic overview of premises liability law, including what the plaintiff must prove and what defenses the...

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Understanding Wrongful Death Actions in Illinois

wrongful death law

When a loved one is injured by the wrongful act of another, you probably already know that he or she can seek compensation for the personal injury from the person who committed the wrong. You might not know that, depending on your relationship to the injured person, you, too, might be entitled to compensation. That’s because personal injury law in Illinois seeks to compensate for more than just physical injuries, but mental and emotional ones, too.   That goal extends beyond mere injuries, however. If a close family member—like a husband or wife, parent, child, or sibling—is killed because of someone else’s...

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3 Ways Medical Malpractice in Illinois Would Change Under the Protecting Access to Care Act

medical malpractice law in Illinois

Two weeks ago, we wrote a blog post giving an overview of medical malpractice in Illinois. As part of that, we mentioned two past efforts by the Illinois General Assembly to impose damages caps in medical malpractice lawsuits. The Illinois courts struck both of those efforts down, meaning that Illinois has no damage caps in medical malpractice lawsuits currently.   That’s an important fact about Illinois law, because it makes us a prime target for a new federal effort at medical malpractice reform, the Protecting Access to Care Act of 2017 (PACA), H.R. 1215. PACA passed the U.S. House of Representatives last...

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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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