Addison, IL Personal Injury & Car Accident Attorney
The Village of Addison, Illinois – home to nearly 40,000 people as of the latest census – supports a thriving local arts community, a variety of industries and farms, and significant diversity, demographically and culturally. Recently, when the Chicago White Sox went in search of a new home to replace Comiskey Park, the team found itself on the verge of relocating to Addison’s Industrial District. This proposal was defeated, however, due to the fact that many locals feared that the introduction of a Major League Baseball stadium would lead to traffic congestion and increased crime.
Many Illinoisans travel to Addison to explore Salt Creek and visit the now-abandoned Adventureland Amusement Park (no relation, apparently, to the park featured in the movie Adventureland). The city’s charming small town character aside, however; Addison does see its fair share of accidents and injuries. Car crashes near Addison Trail High School, slip and fall injuries in the industrial district, water accidents around Salt Creek, and other unfortunate mishaps destroy property and ruin peoples’ lives.
Often, injury victims in Addison and other northern Illinois cities struggle to make use of legal resources effectively. Some individuals eschew consulting with an attorney because they don’t want to “make a big deal” out of seemingly minor injuries. Unfortunately, small injuries can get worse over time and can cause chronic problems, such as decreased work performance, anxiety, and physical impairment. To get the best possible outcome – financially and otherwise – you likely should seek out legal counsel, if only to learn what kinds of resources may be available to you. The injury and accident attorneys here at Malman Law would be more than happy to discuss your matter and suggest possible remedies. Dial 1-(888) 625-6265 or fill out our free online consultation.
Frequently Asked Questions (FAQs)
1) Can I sue my employer for a slip and fall accident?
In all likelihood, you will have to file a claim under the workers’ compensation program. There are advantages and disadvantages to using this system. The main advantage is that it is a “no fault” system. This means that you will not have to prove that your employer was negligent in order to prevail, and you can obtain a recovery even if you were violating a safety rule at the time of the accident (in some cases, such as drunkenness on the job, you could be denied a recovery for your own negligence).The two main disadvantages are: (i) you only have 45 days to file a claim (versus two years for an ordinary personal injury claim), and (ii) you will be ineligible to receive damages for “pain and suffering” or other intangible, non-economic damages. If the tribunal rules that you were an “independent contractor” rather than an employee (depending on how much independence you enjoyed from the company), you will have to file an ordinary slip and fall personal injury lawsuit.
2) Are my communications with you confidential?
Yes, absolutely – in fact, we could be disbarred for divulging information about your case to a third party. This applies, with very few exceptions, even if a court orders us to divulge such information – we would be obligated to plead “attorney client privilege” and refuse to divulge any information even to the court.
Attorney-client confidentiality applies even if you decide not to retain us after revealing information about your case to us, and it also applies even after our representation of you ends – we will never be allowed to reveal such information, and we wouldn’t do so even if we were allowed to. Your secrets are safe with us.
3) What is “comparative negligence” and how might it affect my case?
Comparative negligence is a system that Illinois personal injury law uses to determine compensation when more than one party is at fault for an accident. Suppose, for example, that you are involved in a two-car accident in which you were texting and driving at the time of the accident, while the other driver rear-ended you while driving 10 miles over the speed limit.
The court will apportion fault on a percentage basis based on the evidence presented. If your percentage of fault was less than 50 percent, whatever percentage of fault the court assigns you will be deducted from your recovery – if your damages were $100,000, for example, and you were 35 percent at fault, the court will deduct $35,000 from your recovery, leaving you with $65,000.
If both drivers were 50 percent at fault, neither driver will owe the other driver anything. If you are more than 50 percent at fault, you will have to pay a percentage of the other driver’s damages while receiving nothing yourself.
4) Can I file a lawsuit over a defective auto part that caused my car accident?
Yes, you can. Although there are several different theories of liability upon which you might be able to rely, perhaps the most convenient theory is strict product liability, because you can sue any party in the chain of distribution of the product. You can sue the retailer, for example, for a manufacturing defect, even though the retailer did not manufacture the product.
To win a strict product liability lawsuit, you will have to prove that: (i) the product was defective and unreasonably dangerous when it reached your hands, (ii) that the defect caused your injury, and (iii) that the product was defective at the time it left the manufacturer’s control. Strict product liability cases are sometimes easy to win and sometimes difficult to win.
5) What do I have to prove to win a medical malpractice case?
You will have to prove that: (i) a doctor/patient relationship existed (which may not be the case when a passer-by renders first aid at the scene of the accident, even if the passer-by was a doctor, for example), (ii) the doctor or other healthcare professional failed to meet the applicable standard of care – that is, he or she failed to apply the knowledge, skill, and care that would normally be used by a reasonably well-qualified healthcare professional in that situation, (iii) this failure was a substantial cause of your injury, and (iv) you suffered damages as a result.
You may need an expert witness to testify as to what the exact standard of care was in the situation you are complaining of. Perhaps, for example, the doctor should have taken an x-ray but failed to do so. If this failure to take an x-ray caused a delay in properly diagnosing your condition, and if that delay caused you damages, you may have a valid medical malpractice claim. If you or a loved one was injured, contact our Addison, IL personal injury lawyers today for a free consultation.