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How Long Does It Take to Get Paid After a Settlement?

CHICAGO, IL – The process between filing a claim and receiving payment for a personal injury can feel like it takes forever, especially when you have bills to pay and financial losses to cover. From the moment your claim settles, you can often expect to receive your settlement money within a few weeks.

Quick Overview of Settlements

A settlement is an agreement to resolve a legal claim out of court. When it comes to personal injury cases, the parties to a settlement are usually the injured claimant, an insurance company that has an obligation to pay the claimant’s losses and (when applicable) an individual or corporate entity that has liability for the claimant’s damages.

Most personal injury claims are settled. The typical personal injury settlement consists of an agreement for the claimant to receive an amount of money in exchange for releasing the parties from liability and terminating any pending legal action against them.

Lawyers will negotiate settlements on behalf of the parties to the settlement agreement; however, the decision to settle a claim rests within the parties themselves. No lawyer can agree to a settlement on your behalf without your permission.

Settlements are generally final meaning you usually can’t reopen them, even if later it turns out that you didn’t receive enough money to cover your personal injury losses. You should only settle a claim when it overs the most favorable outcome you can realistically achieve.

Process Involved in Receiving Settlement Money

Receiving settlement money involves completing a series of relatively standard steps. You can expect these steps to take anywhere from two to six weeks to complete, on average.

Executing a Written Settlement Statement

The obligation to pay settlement money usually arises only once a formal, written settlement agreement has been signed, sealed and delivered. In most cases, the settlement only becomes final when it’s put into writing and signed by the parties or their representatives.

Sending the Money by Check or Wire Transfer

The settlement agreement may set terms for the timing of payment. For example, it can require the insurance company or at-fault party to pay the settlement amount immediately, or it might give them a window of time to pay after the settlement agreement has been executed. Whatever the time period agreed, you should expect the payor to wait as long as possible. Payers, particularly insurance companies, prefer to hold on to their money as long as they can.

The settlement agreement may also spell out how they send the payment. Wire transfers are preferable for personal injury claimants because they’re nearly instantaneous. But payers tend to prefer payment by the much slower means of a paper check, which takes a few days to arrive by mail and up to a week or so (depending on the amount).

Placing the Funds in an Attorney Trust Account

When an attorney represents you in a settlement, the settlement money typically goes into the attorney’s trust account which is a bank account the attorney maintains that is separate from the attorney’s business or personal account to hold client funds.

Paying Liens

Once the money is deposited into the trust account, the lawyer usually uses it to pay for any existing liens on your settlement. A lien is defined as a formal claim against a specific property. When it comes to personal injury cases, it’s common for the injured person’s creditors to have filed liens against settlement funds.

Creditors who may place a lien on your settlement might include medical providers, your own insurance company or child support. Before agreeing to a settlement, be sure to disclose to your lawyer about any accident-related debts you may owe to other liens you have against your assets so your lawyer can address them in your settlement agreement and when handling settlement funds. Failing to advise your attorney about pending liens can land you in legal hot water with the court, creditors or government authorities.

Deducting Lawyer’s Contingency Fees and Case Expenses

Most personal injury lawyers work on a contingent fee basis. This means the fees for their services consist of an agreed percentage of the settlement amount. Your lawyer may have agreed to pay the cost of pursuing your case, subject to reimbursement from any settlement. Before disbursing the funds to you, your lawyer will deduct these amounts from your settlement.

Paying Out the Remaining Settlement Funds to You

After completing the steps listed above, your lawyer will typically send you the remaining settlement funds in the manner you request: either by wire transfer or check. It’s usually up to you to decide where you’d like your lawyer to send you the remaining funds and the type of account to deposit them in.

Factors That Can Delay Receiving Your Settlement Money

Lawyers know their clients want to get their hands on the funds from their settlement as soon as possible; however, some factors can delay the final disbursement to you which may include:

  • Settlement Agreement Negotiations
    Even after agreeing on the amount of a settlement, it can take additional time to finalize the agreement in writing. For instance, the lawyers may still need to negotiate the scope of the release you give in exchange for the settlement payment, or whether and to what extend you must keep the settlement confidential.

    Your lawyer must balance your desire to receive funds quickly against protecting your legal interests. You can expect your lawyer to keep you informed about any issues that may delay putting the settlement in writing.

  • Court Approval
    Some settlements require court approval. For instance, the court will review settlements made on behalf of minors who have suffered a personal injury to ensure the settlement terms serve the child’s interests. Adding the extra step of court approval can delay your funds.
  • Bank Delays
    Depending on the size or source of your settlement payment, it can take time for banks to clear funds as they move from one bank account to the next. Sending money by wire can alleviate some of these delays, but banks must follow clearance and fund settlement procedures. Everyone including the parties and their lawyers must deal with this, even if it means slowing things down.
  • Lien Disputes
    Disagreements about how much or whether you owe to a creditor who has filed a lien on your settlement proceeds can delay the reimbursement of your money. This can happen in various contexts. For example, you disagree with a creditor about the size of the debt you may owe. On the other hand, you may dispute that you have had to pay certain medical bills out-of-pocket and believe your health insurance company should pay them instead. These scenarios will ultimately delay your funds since your lawyer will need to take necessary steps to resolve a lien dispute before distributing your money.
  • Payor Bad Faith or Breach of Settlement Agreement
    While it rarely happens, delays may arise when the party owing settlement payments acts in bad faith or breaches the settlement contract. Your lawyer will need to take legal action against a party to force them to fulfill their payment obligations to you. You may have the right to seek additional damages for a party’s bad faith conduct or breach of the settlement agreement if this arises.

Can You Do Anything to Speed Up the Settlement Process?

While you may be frustrated by even a short wait to receive your settlement funds, most of the potential sources of delay in receiving your payment are out of your hands. With that being said, there are things you can do to ensure your process isn’t slowed down, such as:

  • Provide your attorney with your contact information and tell them the best way to get ahold of you.
  • Respond promptly to any requests from your attorney for the information or give them permission to take action on your behalf.
  • Provide your attorney will all information you have about accident-related debts and potential liens on your settlement funds arising from other obligations, including tax liabilities or child support.
  • Follow your doctor’s orders and lawyer’s advice while your legal action is pending to minimize the number of disputes that may arise over who has liability or the potential size and/or terms of your settlement.

Contact an Experienced Personal Injury Attorney

The experienced personal injury attorneys at the Dinizulu Law Group are here to guide you through the litigation process of building and settling a claim on your behalf. Our team of skilled lawyers provides you with the greatest chance of achieving the maximum settlement available in your case and disbursing your settlement money as quickly as possible.

To receive a no-obligation and free consultation, contact our attorneys today at (312) 384-1920.

What Happens if a Construction Worker Gets Hurt on the Job?

CHICAGO, IL – The construction industry is the most dangerous industry for U.S. workers, although other sectors have higher numbers of non-fatal injuries. On-the-job construction work can result in serious injuries and even fatalities.

When a construction worker is hurt on the job, they are mostly commonly compensated for medical costs and wage loss through a claim filed against their employer’s workers’ compensation insurance policy; however, in some cases, they can seek out compensation through the personal injury claims process.

Continue to read this week’s blog to learn the common injuries that occur on construction sites and how construction workers can seek compensation and benefits they need to treat and recover from their injuries.

Types of Accidents Associated with Construction Work

More than 1,000 construction workers die on the job annually and nearly 174,000 suffer non-fatal injuries, according to the U.S. Bureau of Labor Statistics.

Some of the most common causes of workplace injuries and deaths on construction sites include:

  • A lack of fall protection for workers working in areas that are elevated off the ground.
  • Using power tools without proper guards or protections.
  • Injuries sustained in slip and fall accidents occurring as a result of tools, materials, and other clutter in walkways.
  • Workers being caught between moving parts of a machine or between a piece of heavy equipment and a stationary object.
  • Tools, construction materials, and other objects dropped from an elevated area onto those walking or working below.
  • The use of equipment that is unsafe or requires a higher level of training than the worker has.
  • Lack of policies and procedures that govern the safety of workers around overhead power lines and other sources of electricity.
  • Improper procedures used when working around or in trenches.
  • Transportation accidents occurring in construction work zones.

Construction workers are surrounded by hazards, such as power-operated machinery, sources of electricity and high elevations. Injuries sustained in construction site accidents may include:

  • Broken bones, such as wrists, ankles, legs or arms.
  • Repetitive stress injuries to hands, wrists, shoulders, knees or back.
  • Burns caused by contact with chemicals or electricity.
  • Injuries to the eyes resulting in the loss of vision.
  • Illnesses resulting from contact with toxic chemicals.
  • Catastrophic injuries, including injuries to the brain or spinal cord, amputations and injuries incurred from electrocution.

These injuries result incurring medical treatment, in addition to a loss of earnings, loss of future earning capacity, possible permanent disabilities and even death.

What Should an Injured Construction Worker Do After an Accident Occurs on the Job Site?

The worker must obtain medical treatment for their injury. If a severe injury occurred, the worker should go to the nearest emergency room and tell the emergency room staff that they incurred an injury in the workplace.

If the injury does not require emergency treatment, the worker should report it to their employer as soon as possible. In many states, to receive coverage of medical expenses through a workers’ compensation claim, the worker must seek treatment for their injuries from a healthcare provider authorized by the employer or the insurance company that services their workers’ compensation policy.

Once treatment has been received, if the worker has not yet made an official report of the injury to their employer, they should do so. The employer is then required to report the injury to their insurer. The insurer will inform the injured worker about how to obtain the workers’ compensation benefits they need.

What is Workers’ Compensation?

The Illinois Workers’ Compensation Compliance Division investigates reports of employers failing to provide workers’ compensation coverage and works with them to ensure compliance with the Illinois Workers’ Compensation Act. When necessary, the division works with the Illinois Attorney General’s Office to pursue civil and criminal penalties before the Illinois Workers’ Compensation Commission and in criminal courts. The division also coordinates with business and labor groups to help inform employers about compliance.

In Illinois, workers’ compensation covers medical expenses, temporary disability, permanent disability, vocational rehabilitation benefits and death benefits. Click here to learn more about each of these.

However, workers’ compensation may deny claims because:

  • The worker failed to seek medical treatment for their injury.
  • The worker’s injury occurred while they were impaired by alcohol or drugs.
  • The employer or their insurance companythat the injury did not occur at work or that the worker deliberately caused the injury to obtain benefits.
  • The worker’s injury occurred while they were impaired by alcohol or drugs.
  • The worker has pre-existing conditions that make it unclear if their injury is work-related.
  • The insurer received insufficient supporting documentation to consider the claim, or the claim included errors.
  • The worker failed to report the injury to their employer within the required amount of time.

What Benefits Can a Workers’ Compensation Claim Provide?

Depending on what state you live in, it has its own workers’ compensation program and the details of that program can differ slightly. An experienced workers’ compensation lawyer from the state you were injured in can help you understand the legal procedure for obtaining benefits.

Workers’ compensation programs generally provide benefits that include:

  • Coverage of all reasonable medical expenses incurred in the treatment of your injury.
  • The replacement of a portion of your wages during the time you recover from your injury and are unable to work. In cases involving permanent injuries that prevent the construction worker from returning to their job or working at any job can result in wage replacement until the worker reaches retirement age and is able to obtain social security benefits.
  • Compensation and wage replacement for the family members of construction workers who suffered a work-related fatality.

How Long Do Workers’ Compensation Benefits Last?

Different types of wage replacement benefits are typically available for a workers’ compensation claim. These benefits include:

  • Temporary total disability payments
  • Temporary partial disability payments
  • Permanent partial disability payments
  • Permanent total disability payments

Contacting an Attorney to Help You Obtain the Benefits You Need

Once an injured construction worker has obtained consultation from a skilled workers’ compensation lawyer and decides they want the lawyer to help them navigate the workers’ compensation or personal injury claims process, they will generally be asked to sign a contingency fee agreement. This agreement allows the lawyer and their legal team to represent the worker throughout the claims process without any upfront payment or hourly fees.

An experienced attorney can help in a workers’ compensation claim by reporting the injury to the worker’s employer, gathering the documentation needed to prove the severity of the injury and that it occurred on the job site, appealing a denied claim, sorting out discrepancies between them and their health care provider about whether they can return to work, expedite any delay in receiving the benefits they qualify to receive and much more.

If the injury results in a third-party personal injury claim, the attorney will calculate the value of the claim, communicate with the at-fault party’s insurance provider, negotiate a settlement, file a lawsuit within the state’s personal injury statute of limitations, present the case in court and collect the compensatory settlement or verdict for the claimant.

An experienced workers’ compensation and personal injury attorney have the skills and resources to determine if injured construction workers qualify for other assistance, including Social Security Disability Insurance if they suffer permanent work-related injuries.

Contact our team of skilled workers’ compensation attorneys if you or a loved one has suffered an injury to learn more about your legal options and how you can obtain the compensation you deserve. Call us today for a free consultation at (312) 384-1920.

What Evidence Will Help My Car Accident Case?

CHICAGO, IL – When you suffer injuries, or significant property damage in a car accident, you may expect that the party that caused the accident, or that party’s insurance company will pay reasonable compensation for your damages; however, the insurance company may fight the claim to reduce the compensation it pays, such as denying liability for the accident.

Video Footage

Any video footage of the car accident, like dash cam footage, can go a long way toward establishing liability. While dash cam footage can only show what occurs within the view of the camera, which means it can’t show things like a rear-end collision, it can provide a clearer view of what happened leading up to the crash, such as which vehicle ran a red light or whether a driver ignored the rules of the road.

Your lawyer may still access video footage of the accident by viewing traffic camera footage or security camera footage from local businesses which can prove who caused the accident.

Accident Scene Photos

Insurance companies can’t go back to the scene of your accident to get a better idea of what variable contributed to the crash; however, they can look at photos of the accident scene which will provide them with essential information about the vehicles’ positioning and the accident scene itself.

Photos of the scene will indicate the damage to both vehicles, the position of the vehicles on the road which can determine which vehicle hit the other, and features of the area like blocking signs that may contribute to the accident or decreased visibility which can make it difficult for drivers to maneuver safely through the area.

Witness Statements

Witnesses who saw your car accident can provide several potential insights into what contributed to your car crash. Witnesses often have a clearer view of the accident than either driver involved. They may offer insights into what obstacles the drivers encountered that increased the risk of the accident or any dangerous behaviors drivers engaged in. Witnesses also usually have no bias related to the accident or the individuals involved meaning they can offer a clearer picture of the events that led to the accident.

It’s important to have witnesses wait until authorities arrive because witness memory can prove less clear than people might hope. Witness memory can fade quickly, making it essential that you contact a car accident attorney as soon as possible.

Expert Evaluation

During some accident claims, the injured party may not have adequate evidence from the accident scene. If you suffered severe or catastrophic injuries, you may have left the scene of the accident in an ambulance leaving you unable to take photos. An expert evaluation of the damage of the vehicles involved in the accident will take a look at the accident scene to help experts recreate the accident and provide insights into who bears liability for the crash.

An experienced car accident lawyer will have experts they can call on to help with accident recreation based on vehicle damage. Thorough documentation and putting off repairs until the investigation has concluded can make it easier for experts to recreate the accident scene.

Police Reports

After any type of accident involving property damage or injury, the victims must report the accident to the local authorities including the police. The police will evaluate the evidence available at the scene of the accident, including taking witness statements, to get a better idea of what likely led to the accident.

A police report is an essential part of many accident claims. The police report lays out the accident’s time, date and location, and the parties involved in a clear way that makes it easier to establish grounds for a car accident claim. Without a police report, it can be much more difficult for the injured individual to establish that the accident occurred and caused the injuries.

Criminal Charges and Citations

Car accidents can occur for a variety of reasons, some being illegal. Take a drunk driver for example which can cause the liable driver to lose their license. Texting and driving or other types of distracted driving behavior can cause considerable consequences.

Medical Records

As part of your car accident injury claim, you may need to provide medical records to the insurance company or present them in court to seek the full compensation you deserve for those damages. Your medical records cover important issues related to your injury claim, including:

  • What injuries you sustained which may range from bruising and abrasions to brain injury, spinal cord injury or internal bleeding. As part of your claim, you’ll need to include the injuries diagnosed as part of your medical care.
  • When your injuries occurred which will be shown in your medical records after seeking medical attention. It’s important to seek medical attention after any car crash because your injuries may not appear right away and be prolonged. You must prove you have a history trail of seeing a doctor for your injuries, otherwise the insurance company may try to prove you suffered your injuries at another date or time.
  • Limitations you experience from your injuries and how long you need treatment. Your doctor will note how your injuries have affected or limited your daily activities.
  • Setbacks and complications you sustained in recovery in which medical records will help lay out what losses you dealt with because of your accident.
  • Your expected prognosis including what long-term limitations you will likely experience because of your accident and future medical needs.

Your medical records can provide considerable insight into the suffering and losses you dealt with because of your accident and injuries.

Statements from Medical Care Providers

In addition to obtaining your medical records, the insurance company may ask for statements from the medical care provider overseeing your treatment. The medical care provider can provide the insurance company with more information about the specific injuries you sustained because of the car crash and what losses you will likely deal with because of it.

A statement from your medical care provider can offer information about the progression of your recovery, such as how long you will remain in recovery as a direct result of your injuries. Your lawyer may advise getting statements from any medical care providers dealing directly with you as you recover from your injuries.

Medical Bills

The cost of medical care for your car crash and injuries can depend on a variety of factors, including what procedures need to be done, how long your recovery time will be and what type of care you need. Your bills may also depend on the provider that took care of those services.

In some instances, you may need to provide a direct account of what medical bills you paid after your accident, the personal medical insurance coverage used, what you paid, the cost of co-pays and deductibles that you paid at the time of the service.

Contacting a Car Accident Lawyer in Chicago, Illinois

If you or a loved one sustained injuries in a car accident or find yourself struggling to prove liability for an accident involving personal injuries or property damage, the skilled attorneys at the Dinizulu Law Group will help you collect the evidence you need. Contact our personal injury attorneys in Illinois as soon as the accident occurred to start your claim. Our office provides free, no-obligation consultations. Get started today by calling us at (312) 384-1920.

How to File a Lawsuit After an Uber or Lyft Accident

CHICAGO, IL – Rideshare companies, including Uber and Lyft, have changed how we view travel. From a click on your phone, you’re able to arrange transportation in seconds, making traveling and commuting easy. While they may make our lives easier, rideshare vehicles get into accidents, and Uber or Lyft crashes can cause devastating and catastrophic consequences.

Liability Following an Uber or Lyft Accident

When determining who you can hold liable after a rideshare accident, it can be challenging especially when numerous factors dictate who you can hold responsible. Factors including whose negligence caused the accident and whether the rideshare driver was logged into the app can play into who you can hold accountable for the collision.

In some situations, there may even be multiple parties involved, including:

  • The rideshare driver if their reckless and negligent driving caused the accident.
  • Third parties 
  • The rideshare company 

There are a number of complex factors in a rideshare accident which is why you need to speak to an experienced Uber or Lyft lawyer to explain your legal options after being involved in a rideshare crash. Contact the experienced car accident attorneys at the Dinizulu Law Group as soon as possible after a collision to review your case and determine what legal remedies you can pursue, who can be held liable and much more.

Types of Compensation You Can Pursue After a Rideshare Accident

If you pursue a lawsuit following a rideshare accident, you may be entitled to certain types of compensation including:

  • Economic damages are payments for the quantifiable losses that result from an accident. These include:
    • Medical bills from medications, doctor visits, hospital stays, medical devices, surgeries and other types of medical treatment
    • Expenses related to property damages
    • Ongoing medical expenses
    • Replacement domestic services
    • Reduced earning capacity
    • Lost business opportunities
    • Lost income
  • Non-economic damages refers to payment for the subjective and hard-to-prove losses that result from a crash. This includes:
    • Mental anguish
    • Pain and suffering
    • Loss of companionship
    • Loss of enjoyment of life
    • Loss of consortium
    • Inconvenience or humiliation due to the injuries resulting from the crash

Discuss the situation with a skilled lawyer to determine which damages you can pursue after an Uber or Lyft accident. A legal professional will determine what damages you can pursue, whether you have a viable legal claim and go after the financial recovery you deserve.

Contacting an Experienced Rideshare Accident Attorney

If you or a loved one suffered injuries in a rideshare accident due to another person’s negligence and are considering legal action, contact an experienced rideshare accident attorney as soon as possible. Our team of skilled attorneys will review your accident in detail, figure out what happened and who was at fault, and determine your legal options.

For further information regarding your legal options after a rideshare accident and whether you can pursue a lawsuit, contact our team today for a free, no-obligation consultation today at (312) 384-1920.

When is a Trucking Company Liable?

CHICAGO, IL – Truck accident victims can frequently hold trucking companies legally and financially responsible for employing negligent drivers, failing to maintain their fleet or violating trucking regulations.

Negligent Hiring and Retention

Negligent hiring and retention can form the basis for a trucking company’s liability for a truck crash. This occurs when a trucking company fails to screen, hire or retain competent and qualified truck drivers. A trucking company can face liability for an accident traced back to its negligence in hiring or retaining a driver.

For example, a trucking company can be held liable for an accident if the evidence shows it hired or retained a driver with a history of drug or alcohol abuse, traffic violations or inadequate qualifications or licensing. You can also hold a trucking company liable if it retained a driver despite knowledge of dangerous conduct, including repeated safety violations or failures to comply with trucking regulations like hours of service requirements.

A skilled trucking accident attorney can prove negligent hiring or retention by securing relevant information on the driver’s background, previous traffic violations, employment records, and drug and alcohol test results. An attorney will also look for evidence that the trucking company ignored red flags or failed to take appropriate action when informed about a driver’s dangerous behavior.

Establishing a connection between the trucking company’s negligence and the accident is critical for a successful claim based on a trucker’s deficient hiring or retention.

Negligent Training and/or Supervision

Truck drivers go through training and supervision to ensure they operate commercial vehicles safely and follow relevant regulations. All trucking companies must train and supervise their employees responsibly. Inadequate training or supervision may result in trucking accidents, leading to a potential liability for a trucking company.

Some examples of negligent training and supervision include failure to provide safety training or establish operational protocols, inadequate instruction on vehicle operation, disregard for regulatory requirements or negligence about a driver’s qualifications to operate a truck.

An experienced truck accident attorney will gather evidence demonstrating a trucking company’s failure to provide proper training or oversight to establish liability based on negligent training or supervision. This will include employee records, collecting training materials, internal communications and witness testimony about the company’s day-to-day operations and interactions with its employees.

Negligent Cargo Loading and Securement

Proper cargo loading and securement are critical in the trucking industry to ensure the safety of the truck driver and other drivers on the roads. Trucking companies can face liability when incorrectly loaded or inadequately secured cargo shifts or spills during transit cause an accident.

Accidents due to improper cargo loading or securement include rollovers or loss of control when shifting cargo that makes a truck unstable, explosions or spills of flammable or toxic cargo and collisions resulting from cargo falling or spilling onto a road. Cargo-related accidents can lead to severe injuries, property damage and fatalities.

Holding a trucking company liable based on cargo-related issues involves analyzing the company’s interview process for employees, loading cargo, examining cargo manifests and weight tickets, and reviewing crash footage for signs of shifting or spilled cargo.

Liability Due to Failure to Comply with Trucking Regulations

The trucking industry has strict regulations. The Federal Motor Carrier Safety Regulations govern a variety of safety-related aspects of trucking operations in interstate commerce, such as driver qualifications, hours of service, vehicle maintenance and hazardous materials transport. State agencies promulgate similar regulations dictating standards for intrastate trucking operations.

A truck crash often implies that the trucking company has violated safety regulations. If so, a legal doctrine known as negligence per se may help a truck crash victim’s attorney in proving the company’s liability. Under this doctrine, a violation of law will establish liability if it leads to an accident.

Relying on negligence per se to prove a trucking company’s liability can simplify and strengthen your case. Your attorney will gather and present clear evidence of a regulatory violation resulting in the trucking company having little choice but to acknowledge liability for your losses.

Potential Compensation for Truck Accident Injuries

The law may entitle you to recover a variety of damages from a trucking company after you were injured in a truck accident due to the driver and/or trucking company’s negligence. You can seek compensation for the physical, financial and emotional harm you suffered from any liable party for your losses.

You may receive compensation for:

  • Medical expenses in treating crash-related injuries and health complications
  • Other expenses related to living with or adapting to your injury
  • Physical pain and discomfort from an injury or any medical treatment
  • Emotional suffering and mental health challenges resulting from the injury
  • Diminished enjoyment or quality of life
  • Loss of independence
  • Scarring, disfigurement or loss of bodily function
  • Loss of income and job benefits from missing work due to your injuries
  • Loss of future earnings and benefits due to a disability caused by the truck accident
  • Cost of repairing or replacing a damaged vehicle or personal property

Contacting a Personal Injury Lawyer Who Will Hold the Trucking Company Liable

You can hold a trucking company liable for losses you suffer when it has engaged in negligent hiring or retention, training or supervision, vehicle maintenance or inspection, cargo loading or securement and violation of trucking industry regulations; however, proving that liability and holding a trucking company accountable for a crash victim’s losses takes the work of a skilled, experienced truck accident attorney.

If you or someone you love recently suffered injuries in a truck accident, there’s a good chance a trucking company owes you significant compensation. Don’t wait to get the legal help you need. Reach out to a personal injury attorney right away so they can get started on the claim process.

The attorneys at the Dinizulu Law Group know that high legal fees can make proper representation difficult for some Chicago residents. That’s why we always offer our first consultation free of charge. Meet with one of our qualified Chicago semi truck accident attorneys to see if you have a case. Contact us today at (312) 384-1920.

What is Needed to Prove Wrongful Death in Illinois?

CHICAGO, IL – Losing a loved one is a tragedy and the emotional burden can feel unbearable when someone else’s negligence or recklessness causes the death. It may seem daunting to deal with a wrongful death claim, but seeking justice and compensation can help your family move forward after an accident.

A skilled wrongful death lawyer can provide a clear understanding of what you need to do to reach a successful resolution and effectively prove a wrongful death claim.

Every state has a set of laws that apply to wrongful death claims. Read this week’s blog to learn the key aspects of these laws, including who is eligible to file a wrongful death claim in Illinois, what type of damages may be available and the time limits on filing this type of lawsuit in the state’s civil courts.

How Illinois Defines “Wrongful Death”

Under Illinois law, a wrongful death occurs when a person dies as a result of another party’s “wrongful act, neglect or default.” A wrongful death claim can be brought in any situation where the person could have brought a personal injury claim had he or she survived. Another party must step in and file a wrongful death claim on behalf of the deceased person.

Various types of events can be the basis for a wrongful death claim, such as:

Who Can File a Wrongful Death Claim in Illinois?

In Illinois, a wrongful death claim must be filed by the personal representative, also known as the “executor, of the deceased person’s estate. If the deceased person dies without appointing a personal representative in their estate plan, the court may appoint a personal representative. That means the personal representative is responsible for pursuing the wrongful death claim, as well as carrying out other tasks related to the estate.

What Types of Damages are Possible in a Wrongful Death Case in Illinois?

In a successful wrongful death lawsuit, the court will award “damages” which are the plaintiff’s claimed losses to the deceased person’s survivors or estate. In Illinois, damages are paid to the deceased person’s surviving spouse or next of kin according to their level of dependency.

Damages are intended to compensate the deceased person’s survivors not only for the financial losses associated with the death but also for intangible losses suffered by the family. Some common types of damages awarded in Illinois include compensation for:

  • survivors’ grief, sorry and mental suffering
  • loss of financial support the deceased would have provided, such as lost wages and benefits
  • loss of consortium which means the loss of companionship and loss of society
  • loss of instruction, education and moral training the deceased would have provided to any surviving children

Depending on the state you live in, it may cap the amount of damages that can be awarded to a plaintiff in a wrongful death suit; however, Illinois currently has no such limit.

How Long Do I Have to File a Wrongful Death Lawsuit in Illinois?

Wrongful death lawsuits must be filed within a specific period of time which is set forth by a law known as the statute of limitations. In Illinois, the statute of limitations for a wrongful death lawsuit to be brought forth is two years from the date of the person’s death; however, if the person died as a result of “violent intentional conduct,” the lawsuit must be filed within five years from the date of their death.

Contacting a Wrongful Death Attorney in Illinois

If you’re considering filing a wrongful death lawsuit in Illinois, you should consult a personal injury or wrongful death lawyer right away. Wrongful death cases can be complex and an experienced attorney will help explain how Illinois law will apply to your specific situation.

If a friend or family member has become a victim of wrongful death, contact the Dinizulu Law Group today. The initial consultation is always free. If we take on your case, we will work on a contingency fee basis meaning we get paid for our services only if we recover money for you. Contact us today at (312) 384-1920 to hear how our lawyers can help you.

Filing a Wrongful Death Claim After a Car Accident

CHICAGO, IL – Losing a loved one in a car accident is a painful, traumatic and excruciating experience for the surviving family members. Not only do you have to face the emotional pain that comes with losing a loved one, but you may also deal with financial hardships resulting from the unexpected loss. When another driver’s negligence contributes to an untimely death, a family can file a wrongful death claim to seek justice and compensation for the damages.

Wrongful death claims vary from state to state

Wrongful death laws differ from state to state meaning that the specific rules and requirements governing your claim will depend on the state where the accident occurred. For instance, some states may impose caps on the damages awarded in wrongful death cases, while others may require claimants to follow specific procedural requirements.

A skilled wrongful death lawyer can explain the laws that apply in your particular case and how they can affect the outcome of a claim or possible lawsuit. Discussing the local statutes and regulations in a case can help you know what to expect. Laws that can affect your case include the deadline for filing your claim, the specific elements of negligence you must prove and the types of damages you may recover.

You’ll want to hire a lawyer who is familiar and understands these rules because even minor mistakes or oversights can lead to the dismissal of your case or a reduction in the compensation you receive.

Consulting a wrongful death attorney

Given the complexity of wrongful death laws and the variations between jurisdictions, consult with a local attorney with prior experience handling wrongful death claims. The wrongful death lawyers at the Dinizulu Law Group will help you navigate the legal process, ensuring that your claim adheres to the relevant statutes and regulations while also vigorously advocating to maximize your chances of recovering damages for your loved one’s death.

Wrongful death statute of limitations

Each state has its statute of limitations that dictate the time frame within which you must file a wrongful death claim. The time limits typically range from one to three years from the date of the decedent’s death. In some states, the clock begins from the time of the misconduct leading to the death.

Missing the deadline that the statute of limitations sets can have severe consequences for your wrongful death claim. In most cases, the court will dismiss your claim, which means you lose the opportunity to recover any damages for your loved one’s death. Given these implications, you must act promptly and consult with an attorney as soon as possible to avoid losing your legal rights.

Establishing negligence for a wrongful death lawsuit

To succeed in a wrongful death claim, you must prove the defendant was negligent in causing the death of your loved one. Negligence requires establishing four key elements: breach of duty, duty of care, causation and damages. Your attorney will help guide you through these elements and gather the necessary evidence to support your claim.

  • Breach of duty of care occurs when the defendant fails to uphold the legal obligations to act in a reasonably safe and prudent manner. For example, a driver who speeds, disregards traffic signals or drives under the influence of alcohol breaches their duty of care to others.
  • Causation in a wrongful death means proving that if the defendant had acted responsibly, your loved one would not have died. A wrongful death lawyer can help you gather proof to establish causation and support complex claims.
  • Gathering evidence to prove negligence may include obtaining police reports, witness statements, accident scene photographs, medical records and expert opinions. A lawyer can also analyze this evidence to identify a legal argument that supports your claim, increasing the likelihood of a favorable outcome.
  • Damages in wrongful death claims is intended to compensate the surviving family members for their loss. These damages fall into two categories: economic and non-economic. Economic damages cover quantifiable losses including medical expenses, funeral and burial costs, and loss of income and support. Non-economic damages compensate for non-tangible losses such as pain and suffering, loss of companionship and emotional distress.

Parties involved in wrongful death claims

A wrongful death claim may involve various parties due to the impact of the untimely death of your loved one. As you navigate through the wrongful death claim process, it will help you to know how each part can affect the process and outcome of your claim:

  • The personal representative of the deceased’s estate is the person who typically files a wrongful death claim. This individual is responsible for ensuring the settlement of the deceased’s debts, taxes and overseeing the distribution of assets to the appropriate beneficiaries. In many cases, the deceased will name the personal representative; however, if it doesn’t, then the court will appoint a suitable person.
  • Common eligible family members include spouses, children and parents of the deceased. In some cases, siblings, grandparents and other relatives may be eligible to claim damages depending on the circumstances and state laws.

An experienced wrongful death lawyer will help guide you through the complex legal process and ensure you receive fair compensation for your loss. They will help you understand your rights, gather evidence, calculate damages, negotiate with insurance companies and navigate the court system.

Hiring an experienced attorney with a background in representing clients in wrongful death claims will increase the likelihood of a successful outcome and alleviate some of the stress and burden associated with pursuing legal action after losing a loved one.

Insurance coverage for wrongful death accidents

Insurance policies often play a significant role in wrongful death claims, as they can be a source of compensation for surviving family members. It’s important to review all applicable insurance policies, such as those covering the deceased, the at-fault party and other relevant parties.

An example of policies that may cover losses includes life insurance, homeowner’s insurance and auto insurance. An experienced wrongful death attorney will help you understand the coverage available and how it can impact your claim.

Potential limitations and exclusions

Insurance policies have limitations and exclusions that can affect the compensation available in a wrongful death claim such as some policies not covering certain types of accidents or damages, or having a policy limit that caps the compensation they pay out during a claim.

Working with a skilled lawyer who can thoroughly review and analyze the insurance policies involved is essential to determine any potential limitations or exclusions that may impact your case. Furthermore, a wrongful death lawyer can help you determine if there are other avenues to seeking justice and damages against the parties responsible, including a civil lawsuit.

Negotiating with insurance companies

Dealing with insurance companies can be a challenging process. Insurance adjusters often deny or minimize claims, leaving families without the compensation they deserve.

An experienced wrongful death lawyer can negotiate with insurance companies on your behalf to work towards a resolution that protects your rights and reflects fair compensation in light of the loss you have endured. Your lawyer will handle all communications and documentation while helping you navigate any disputes that may arise during the process.

How can an expert witness help in a wrongful death claim?

Expert witnesses can benefit you in wrongful death claims since they provide specialized knowledge and expertise to help establish negligence, causation and damages. They can offer critical insights and testimony that may affect the outcome of your case.

You may need various types of qualified, credible and experienced expert witnesses to support your wrongful death claim. Your attorney will work to identify and retain the appropriate expert witness(es) to ensure relevant and persuasive testimony.

Wrongful death settlement negotiations and litigation

When pursuing a wrongful death claim, you may have the option to settle the case out of court or proceed to trial. Each option has its pros and cons. Your attorney will discuss which route is best suited for your claim.

Settlement negotiations can lead to a quicker resolution of your claim, but you can receive less money through settlement than a successful trial.

On the other hand, going to trial offers the possibility of a higher reward; however, it comes with increased costs, potential delays and inherent uncertainty around the outcome.

Contacting a skilled wrongful death attorney in Illinois

Contact the skilled attorneys at the Dinizulu Law Group if your friend or family member has become a victim of wrongful death. We always offer a free initial consultation. If we take on your case, our attorneys work on a contingency fee basis meaning we get paid for our services only if we recover money for you.

Call our lawyers today at (312) 384-1920 to advocate on your behalf.

What are the Warning Signs of Nursing Home Abuse and Neglect?

CHICAGO, IL – Abuse and neglect in long-term care facilities, including nursing homes, can be difficult to detect. According to studies from the National Institute on Aging, as many as 1 in 10 elders experience some form of abuse each year. Furthermore, the World Health Organization (WHO) studies show on average just 1 out of 24 cases of abuse are reported every year. 

  • Age
  • Gender
  • Mental capacity
  • Whether the elder resides in a community setting
  • Elder adults with diminished psychosocial capacities, such as a diagnosis of a cognitive condition like dementia or Alzheimer’s disease

The WHO and the Department of Health and Human Services additionally report that elders who are isolated, especially elderly women, are at a greater risk of abuse.

Not all injuries that occur in nursing home facilities amount to abuse or neglect; however, it’s important to be on the lookout for warning signs of abuse to better protect your loved ones during their residency.

Common red flags

The primary indicator of elder abuse or neglect is the unusual or abrupt change to your loved one’s physical, mental or financial condition. Signs of physical abuse and neglect that are the most noticeable include:

  • Unexplained head injuries or concussions
  • Broken or fractured bones
  • Strange or sudden physical injuries, such as skin tears, welts or bruises, burns, scrapes or cuts on your loved one’s body
  • Being left alone for extended periods of time without supervision
  • Poor hygiene and/or safe living conditions
  • Pressure marks or bed sores
  • Unexplained weight loss or malnutrition
  • Dehydration
  • Missing personal items including medications, glasses or hearing aids

It’s critical to remain vigilant and frequently check in with your loved one. Unfortunately, nursing home facilities will go to great lengths to attempt to conceal or cover up the injuries your loved one may have suffered. It’s essential to keep a watchful eye on those caregivers tending to your loved one since abuse or neglect often comes from the direct caregiver.

Although it may be rare, sexual abuse does occur in long-term care facilities. This type of abuse can be committed by facility staff, unsupervised residents or individuals who enter the facility unauthorized. Some red flags that may indicate sexual abuse has occurred include:

  • Contraction of a sexually transmitted infection or disease
  • Unexplained injuries on or near the genital area, such as bruising, pain, bleeding or irritation
  • Acting fearful, angry, and/or depressed around certain individuals
  • Inappropriate interactions with staff, residents or other individuals

In addition to physical injuries, there are also various mental or behavioral indicators of abuse and neglect which may include:

  • Withdrawal and isolating oneself from social activities, including with family and friends
  • Sudden changes in mood like acting confused, anxious, angry, fearful and/or depressed
  • Unexplained exhaustion or lethargy

It’s significant to notice your loved one’s mental well-being during their transition to long-term care. A sudden unexpected change in their mood may be evidence of nursing home abuse or neglect.

Unlike physical abuse and neglect, financial abuse may go undetected since indicators of this type of abuse are not easily noticed. Context clues of financial abuse include:

  • Inaccessibility of financial or legal records
  • Unexpected or unexplained transactions of large sums of money
  • Sudden executions of legal documents on behalf of the elder, such as a power of attorney (POA), transferring of property or marriage certificate

Just as it’s important to check in on the physical and mental well-being of your loved one, it’s also important to monitor your loved one’s financial accounts and investigate any suspicious transactions. Unexpected or strange actions involving your loved one’s finances could be evidence of financial elder abuse.

Contacting a nursing home abuse lawyer

Indicators of elder abuse and neglect are different in each case, and some elders may be subject to more than one type. In order to protect your loved one, it’s important to keep a watchful eye and report any of these indicators of abuse as soon as possible.

If you suspect that your loved one is in immediate danger, call 911 or your local law enforcement authorities immediately. You may also want to consider contacting Adult Protective Services or the appropriate governing state agency as soon as possible.

If you believe your loved one is a victim of abuse or neglect, you may also want to consider contacting an elder abuse attorney for a consultation. The nursing home abuse attorneys at the Dinizulu Law Group are dedicated to holding nursing homes accountable when patient injury results from abuse and neglect. Call us today for a free, no-obligation consultation at (312) 384-1920.

What Are the Components of a Medical Malpractice Claim in Illinois?

CHICAGO, IL – When you’re putting your life in the hands of someone else, you should be able to trust them completely — especially a medical professional. Unfortunately, sometimes the trust between a doctor and a patient is sometimes broken. Everyone makes mistakes from time to time, even doctors, but medical professionals are held to a higher standard due to the level of responsibility they have to provide care that protects a patient’s health and well-being.

Medical malpractice occurs when a doctor fails to meet these standards and causes harm to a patient due to their negligence. There are certain elements you must prove in order to have a case for medical malpractice. Read this week’s blog as we dive into this more.

Components of medical malpractice cases

To pursue a medical malpractice case in Illinois, you must prove that all of the following has occurred:

  1. Violation of the Standard of Care
    The most basic element to prove medical malpractice is to prove your doctor committed an act of negligence or violated the standard of care. There are certain practices considered deamable in the medical field, even if your doctor deviated from it, you may have a case for establishing negligence. Examples of negligence may include a misdiagnosis or failure to diagnose, failure to order tests or act on test results, not following up with the patient, misprescribing medication or leaving items inside of a patient during surgery.
  2. Injury Was Caused by the Violation
    You cannot have a medical malpractice case without an act of negligence and an injury that resulted from that negligence. If you have an injury without negligence or negligence without injury, you do not have a medical malpractice case.
  3. Damages Resulted From the Injury
    Damages from the injury are what you can claim in court. Due to the cost of litigating medical malpractice cases being so high, it might not be worth it to pursue compensation unless damages are severe or extensive. Viable damages can include suffering, extreme or constant pain, hardship, loss of income, significant medical bills or permanent disability.

Contacting a Cook County medical malpractice lawyer

Medical malpractice can be devastating because of the trust you placed in your doctor who failed you. If you believe you are a victim of medical malpractice in Illinois, you may be able to recover damages that address the personal and financial impact of the injuries you have suffered.

One of our compassionate Chicago medical malpractice attorneys can help you determine if you have a case. The lawyers at the Dinizulu Law Group have the knowledge, resources and experience to help you recover the compensation you deserve.

Call our office now at (312) 384-1920 to schedule a free consultation today!

How To Prove Neck And Back Injuries In A Car Accident

CHICAGO, IL – Neck and back injuries after a car accident can vary in severity from whiplash that heals in a few weeks to an injury more catastrophic like lifelong paralysis; however, neck and back injuries are a common occurrence in road traffic accidents, and you can claim your medical costs and the pain and suffering that resulted. A skilled personal injury attorney will present your case to the insurance company and the court. The courts look for evidence, such as medical reports, details of sessions with therapists, and your pain management plan.

Determining neck and back injuries

At the site of the accident, you should take note of any neck and back pain you feel. Some of these may present immediately while others may emerge after. It’s important you are seen by a medical practitioner directly after a car accident or as soon as symptoms begin to show. Some of these symptoms may include:

  • Dizziness
  • Headaches or migranes
  • Not being able to turn your neck at its full range
  • Bruises and other marks of injury
  • Muscles that feel weak, cramp or spasm
  • Clicking in your back and/or neck during movement
  • Localized pain in your neck or back
  • Tingling sensations or numbness

Tingling and numbness can occur elsewhere in the body and still be a sign of back or neck injury which is why it’s important to be seen by a medical professional as soon as possible if you have any of these symptoms.

Expenses incurred after a car accident

While you can claim for certain expenses like medical bills that resulted from a car accident, you should be aware that you can constitute a claim for the costs you anticipate in the future. Damages in your back and neck also comprise:

  • Income lost due to the accident and subsequent injuries, as well as future income if you can no longer work.
  • Rehabilitation costs to restore function, even if only partial success is possible.
  • At-home nursing care.
  • Pain and suffering.
  • Punitive damages, although it’s important to note are rarely claimed in car accidents.

Proving your case

The first step to making a claim is to find a skilled attorney in your area to take your case. Your attorney will advise you on what proof you need to collect your claim. Your attorney will likely ask you to record detailed descriptions of your daily struggles since the car wreck. You should also record the physical aspects, including pain severity and length, and activities you’ve missed out on but cannot perform since the accident. Your mental suffering should also be journaled, such as the emotions you experience and any depression you feel.

Witness statements are also crucial to be presented to the court, in addition to photos or videos of the accident scene. Reports by medical doctors, medical specialists and therapists, including physical or occupational therapists, as they help form your case that your lawyer will present to both the judge and the jury.

Receive a free case evaluation

A knowledgeable attorney will use the evidence to demonstrate the extent of your pain and suffering in addition to the medical costs, vehicle replacement amounts, and so forth that can be easily evaluated. Pain and suffering awards differ from state to state depending on the factors each will consider and any caps that have been legislated.

If you’ve been injured in a car accident and want to inquire on whether you can begin a claim for your injuries caused by the wreck.

Call our office at (312) 384-1920 for a free consultation and case evaluation today!

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