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Mark A. Larsen, Esq. MAILING ADDRESS P.O. BOX 23 ALGONQUIN, IL 60102 Telephone: 312-423-6655 Toll Free: 888-488-7711 Fax: 888-588-7711 |
Injury Focus |
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Injury or death caused by another's negligence can be a tragic and frightening experience, and often results in severe economic and personal loss. If you have been injured as a result of an automobile or motorcycle accident, a nursing home injury, a work place accident, unsafe consumer products or in a boating accident, we can help you determine your rights and receive fair compensation. We have handled many cases involving personal injury and death. We are dedicated to protecting your rights. If you've been injured and want to talk about your legal concerns, please contact us. There is no charge for your consultation. All Aspects of Personal Injury:
Frequently Asked Questions About Injury Cases
Personal-injury law concerns injuries people experience caused by negligent or the intentional conduct of others. This area of the law seeks to compensate you for any medical expenses, lost wages, pain, suffering, disfigurement or disability which you incur or will incur, as the result of anothers' negligence.
If you have been seriously injured as the result of another's negligence, you should immediately consult an experienced personal injury attorney to determine whether you have grounds for suit and possible compensation. There is no charge for this initial consultation. The attorney can evaluate your claim and inform you whether the case should be pursued. If you decide to hire the attorney, they can assist you in being justly compensated. Any costs incurred in pursuing the claim will generally be advanced by the attorney and paid for at the conclusion of the case. As soon after your injury as possible. A prompt visit with an attorney is important for several reasons. Such cases require prompt investigation in order to preserve evidence such as photographs, witness statements, etc. Also, your claim must be filed within certain time limits or it will be terminated. There are various time limits for certain personal injury actions, and thus, only an attorney can explain the limitations applicable to your specific case. Note, however, different time limitations apply to governmental entities, injuries caused by intentional conduct, and workers' compensation cases. The word "tort" is a legal term that simply means any wrongfully inflicted injury for which the law provides a remedy. What should I do if I've been in an automobile accident? If you have been injured in an automobile accident, there are several things you should do at the scene to protect your rights:
Why is insurance important in automobile accidents? Insurance is a critical factor in determining whether or not to pursue your claim. If the other driver does not have insurance, you may make a claim under the uninsured motorist provision of your own policy. Your uninsured motorist coverage should have high enough policy limits to cover yourself and your family against substantial injury. Often the limits are too low to cover damages. However, other policies may apply to your claim and an experienced personal injury attorney can determine what insurance is available to pay for your claim. Sometimes the other driver does have insurance, but his policy limit is too low to cover damages. It is, therefore, wise for you to obtain under-insurance coverage, which would apply to your claim in excess of the other driver's policy limits. Adequate automobile and homeowner's insurance is essential in protecting your rights in case of injury. This is true if you make a claim or someone makes a claim against you. What issues are involved if I've been hurt on someone else's property? This type of tort relates to injuries caused by unsafe premises. For example, the owner of a building may forget to repair broken steps or to remove ice from the sidewalk. A hotel owner may fail to provide adequate security for guests. All property owners must generally exercise reasonable care. Also, if you are a trespasser, the landowner does not owe you the duty of ordinary care. He only has a duty to refrain from willfully and intentionally injuring you, although in some circumstances, he may have a duty to warn known trespassers of highly dangerous conditions. What happens if I've been injured by a defective product? The old adage "let the buyer beware" is no longer the rule in the manufacture and sale of goods and machines. Manufacturers and sellers of defective products or products whose labels or instructions fail to warn you of the likely hazards of improper use are responsible for your injury caused by such products. A seller or manufacturer can be sued for negligence or strict liability. Strict liability means that a consumer has the right to not be injured if he uses the product the way it was intended to be used and according to the manufacturers instructions. Typically manufacturers will defend their product by claiming improper use, failure to heed warnings or follow instructions, or alterations made by the purchaser. A "product" is anything that is sold, except services and real estate. Machinery used in industry, in the office, on the farm or in the home is frequently the cause of injury and litigation. The same is true of food products sold in restaurants, groceries sold in supermarkets and drug products sold over-the-counter and by prescription. How can I recover from a doctor's mistake? Medical malpractice is the failure of a doctor or hospital to exercise a certain degree of care while carrying out their duties. Expert support from other doctors is usually necessary to establish the standard of care required to treat your initial injury and how that standard was violated by the negligent doctor. There is a natural reluctance on the part of doctors to testify against their colleagues. An attorney representing a victim of a doctor's carelessness must often go to great lengths to locate respected doctors willing to review claims and testify against the negligent doctor. What should I do if I've been injured at work? Workers' Compensation is a highly technical area of law. First, you should report the injury to your supervisor and ask for authorization to see a doctor. Next, visit an experienced workers' compensation attorney. Our firm does not charge for consultation in injury cases. In most cases, you can't sue your employer or co-workers for negligence regarding work-related injury, but you can file a claim for your benefits and medical care. Usually, workers' compensation laws are your only remedy against them; these laws provide only limited benefits and permit no financial recovery for your pain and suffering. Other persons or companies responsible for causing your injury may , however, be pursued. For instance, if you are working on a punch press and the machine unexpectedly recycles and injures your hand, you may sue the manufacturer of the machine for negligence or failure to provide for your safety. Or if your injury is caused by the negligence of another employee of another company or independent contractor, you may have a right to sue. If there is a third-party claim worth pursuing, the workers' compensation insurance company may have a lien on the third-party case. If you have suffered a significant work-related injury, you should talk to an experienced personal injury attorney for an evaluation of your potential third-party claim. The importance of this evaluation increases with the severity of the injury because Workers' Compensation may only pay for a fraction of your total damages. Do I have a right to be compensated? If you are the victim of a tort, generally, the law provides the remedy of just compensation. The wrongdoer is financially responsible for your injury, your medical expenses, your loss of wages and reduced earning capacity, your disability or disfigurement, your property damage, and your pain and suffering. If the tort is intentional or if the negligence is willful and unrighteous, you may also be awarded punitive damages, i.e., money taken from the wrongdoer to punish him or her and deter similar conduct in the future. If the injury has caused death, the surviving spouse and children may have a claim against the wrongdoer for their economic loss and loss of society and companionship. The spouse and children may also have a claim for funeral and medical expenses and for any pain and suffering the deceased experienced prior to death. Not all personal injury claims are worth pursuing, even if you deserve to receive money for your injury. The severity of your injury is an important consideration. But other factors should be considered, including the level of fault of the wrongdoer, your own liability for the injury, and the ability of the wrongdoer to pay the claim. Therefore, insurance is a critical factor in determining whether or not to pursue your claim. Suing an uninsured defendant of limited means may not be economical. What should I do as a tort victim ? If you have been injured, consult a reputable and experienced personal injury or workers' compensation lawyer. Such attorneys generally have a reputation for effective representation that works to their clients' advantage in settling cases fairly and quickly. Moreover, they have the resources to properly investigate and develop your claim, thereby maximizing your recovery. Our firm has experienced attorneys who have handled cases involving catastrophic injuries such as brain damage, paralysis and death as well as many other types of injury cases. However, if you do not contact us, you should consult an attorney experienced in these types of cases. |