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Most of us will, at some point in our lives, be involved in a personal injury accident – whether we are rear-ended by the driver behind us, we slip and fall on a wet floor at the grocery store, we do not receive the appropriate medical care, or we are bitten by the neighbor’s dog. Some personal injury accidents are relatively minor and the victim recoveries quickly and with minimal expense. Other the other hand, some personal injury accidents can leave a victim seriously injured, unable to work, and facing mounting medical bills and loss of income.
Courtroom in in . The Classical Revival courthouse was built in 1890, and is listed in the . (Photo credit: Wikipedia)
It is important that you understand your rights if you have been in a personal injury accident, such as an auto accident, trucking accident or medical malpractice. The following explains what you should know if you are in a personal injury accident:
- Get medical attention as soon as possible. It is important to retain all copies of medical bills and receipts since they can be crucial to proving the extent and nature of your injuries, as well as the amount of damages to which you may be entitled.
- Call the police, if necessary. In some personal injury accidents, it will be necessary to call in the police. In other situations, the police may not be necessary. For instance, if you are in a car accident or you are bitten by an animal, the police should be called immediately. On the other hand, if you are the victim of medical malpractice, you may not need to notify the police.
- Whether the police are involved or not, you must document the accident and preserve evidence. If the police are involved, make sure that the police report contains accurate and necessary information. If the police are not involved, you should document the accident as soon as possible by writing down all pertinent information. You may also want to take photos of the scene of the accident or any damages. Make sure to save all medical bills and receipts, and retain copies of your medical records.
- Hire an Attorney. Personal injury lawsuits involve an area of law called “tort law,” which includes complex legal issues such as negligence, strict liability, product liability, and premises liability. Tort laws vary from state to state so it is important to hire an attorney that understands the laws of the state in which the lawsuit will be filed. At Steinberg, Goodman & Kalish, we are well-versed in the various tort laws of Illinois and we have considerable experience representing clients in complex personal injury lawsuits, including those involving medical malpractice, brain injuries, nursing home abuse, wrongful death, serious automobile accidents and commercial trucking accidents.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
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The National Transportation Safety Board (NTSB) is calling for a nationwide ban on texting and making phone calls while driving. The NTSB's recommendation specifically asks all 50 states and Washington D.C. to ban all nonemergency use of cell phones and other portable electronic devices for all drivers. The NTSB is also recommending that states use the National Highway Traffic Safety Administration (NHTSA) method of high-visibility enforcement to support such bans, and that states implement targeted communication campaigns to inform motorists of the new laws.
“According to NHTSA, more than 3,000 people lost their lives last year in distraction-related accidents,” NTSB Chairman Deborah Hersman said in a statement. “It is time for all of us to stand up for safety by turning off electronic devices when driving. No call, no text, no update, is worth a human life.”
In the last several years, the use of cell phones and personal electronic devices has exploded, according to the NTSB. Globally, there are 5.3 billion mobile phone subscribers, which accounts for 77 percent of the world population. Nationwide, the percentage of cell phone users is even higher, exceeding 100 percent.
Texting and talking on a cell phone while driving can be incredibly dangerous, causing auto accidents and trucking accidents. In 2009, nearly 5,500 fatalities and 500,000 injuries resulted from crashes involving a distracted driver, according to the NHTSA. The NTSB’s recommendation is based on the investigation of several accidents caused by the use of electronic devices in recent years, including:
- A 2002 motor vehicle accident in 2002 that occurred after a driver “distracted by a conversation on her cellphone” crashed and killed five people in Largo;
- A 2004 bus accident on the George Washington Parkway that injured 11 high school students;
- A 2008 commuter train collision with a freight train in Chatsworth, California, in which 25 people were killed and dozens were injured; and
- A 2010 boating accident in Philadelphia that killed two tourists.
Currently, Illinois and Chicago laws and ordinances prohibit the following use of electronic devices while driving:
- Drivers under the age of 19 are prohibited from using wireless phones (with or without hands-free devices) while driving.
- All drivers are prohibited from text messaging, emailing, and using the Internet while driving.
- Drivers are prohibited from using cellular phones in school speed zones and construction/road maintenance zones.
- In Chicago, all drivers talking on mobile phones must use hands-free devices.
Source: Washington Post
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
A traumatic brain injury is the result of a sudden or violent blow or jolt to the head. While not all blows to the head result in a brain injury, it is imperative to obtain an accurate diagnosis of any brain injuries resulting from a serious accident, such as an auto accident. Lawsuits involving brain injuries can involve a number of complex legal and factual issues.
A traumatic brain injury can involve serious and lifelong consequences. A brain injury victim likely faces mounting medical bills, and may be unable to work for a long period of time. Depending on the factual circumstances surrounding the accident that caused the brain injury, you may be entitled to recover compensation for the cost of future care, present and future medical bills, loss of income and benefits, loss of enjoyment of life, disability, pain and suffering and special accommodations to homes and vehicles. Personal injury lawsuits involving brain injuries include a number of complex legal issues, making it crucial to enlist the assistance of an experienced personal injury attorney like the Chicago brain injury attorneys at Steinberg Goodman & Kalish.
State law provides the applicable statute of limitations for brain injury lawsuits. The statute of limitations provides time limitations during which a personal injury lawsuit can be filed. Accordingly, if you have suffered a brain injury, it is essential to contact a knowledgeable personal injury attorney as soon as possible so that all statute of limitations deadlines are met.
When seeking a personal injury attorney to represent you in your brain injury lawsuit, you should inquire about the firm’s experience with complex lawsuits such as those involving traumatic brain injuries, the cost of pursuing a brain injury lawsuit, and the general timeline for a brain injury lawsuit in your state.
An experienced brain injury lawyer can assess the complicated legal issues that may be involved in your brain injury lawsuit and can undertake the necessary factual investigation, including consulting with the appropriate medical professionals to determine the extent of your brain injuries.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
If you have been injured in a personal injury incident, such as an auto accident, trucking accident or medical malpractice, you are likely angry and confused. You are facing mounting medical bills and perhaps even a loss of income due to the inability to work. You want justice for the pain, injuries and damages you have suffered due to the negligence of another person, but you may be apprehensive about the legal process for seeking compensation. The following is a brief summary of the basics of a personal injury lawsuit and how victims can obtain the compensation that they need and deserve.
Hiring an Attorney
Personal injury lawsuits involve an area of law called “tort law,” which includes complex legal issues such as negligence, strict liability, product liability, and premises liability. Tort laws vary from state to state so it is important to hire an attorney that understands the laws of the state in which the lawsuit will be filed. At Steinberg, Goodman & Kalish, we are well-versed in the various tort laws of Illinois and we have considerable experience representing clients in complex personal injury lawsuits, including those involving medical malpractice, brain injuries, nursing home abuse, wrongful death, serious automobile accidents and commercial trucking accidents.
Filing a Complaint
After you have hired an experienced Illinois personal injury lawyer, the first step in initiating a legal procedure is to file a complaint. The complaint is the first document filed with the court and it identifies the parties involved in the lawsuit, explains the basis for jurisdiction, lists the legal claims of the plaintiff, and describes the facts giving rise to the lawsuit. The complaint will also include a section in which the plaintiff will specify the type of relief he or she is seeking and the amount of damages requested.
It is important to file a timely complaint since there are time limitations, called statutes of limitations, on when a lawsuit can be filed following an accident. The applicable statute of limitations varies depending on the specifics of the lawsuit and a knowledgeable personal injury attorney can help to ensure that your lawsuit is filed in a timely manner.
Defendant’s Answer
After the plaintiff has filed a complaint, the defendant must file an answer within a specified time period. The answer is the defendant’s opportunity to respond to each of the specific claims set forth in the complaint. The defendant may also include counterclaims (claims the defendant asserts against the plaintiff) or affirmative defenses (legal reasons why the defendant should not be held liable for the injury or damages suffered by the plaintiff) in the answer.
If he or she fails to file an answer, the plaintiff will receive a summary judgment, in which the court will award the plaintiff the relief that he or she requested.
Fact Discovery
After the initial court documents are filed, either party may request that the case be dismissed for a variety of reasons. If the case is not dismissed or the parties do not settle their dispute, the lawsuit will enter the discovery phase of litigation. During the discovery phase, each party has an opportunity to question the parties and witnesses of the other side. The parties may also request documents and other information regarding the accident or incident giving rise to the lawsuit.
Settlement or Trial
Oftentimes parties will settle their dispute during the discovery phase of the lawsuit, but if they are unable to reach a settlement, the case will proceed to trial. Because a personal injury trial is a complex legal proceeding, it is crucial to have a skilled and experienced personal injury attorney in your corner. The Chicago, Illinois personal injury attorneys at Steinberg, Goodman & Kalish have represented countless clients in complex personal injury lawsuits and we have the experience necessary to pursue your personal injury lawsuit through trial, if necessary.
Steinberg Goodman & Kalish (www.sgklawyers.com) is dedicated to protecting victims and their families. We handle medical malpractice, product liability, personal injury, wrongful death, auto accidents, professional negligence, birth trauma, and railroad law matters. Contact us at (800) 784-0150 or (312) 782-1386.
