Blog | Dinizulu Law Group, Ltd

How Long Do I Have to File a Personal Injury Claim in Illinois?

November 9, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – The statute of limitations on a personal injury claim in Illinois is 2 years which means you have from the time of the incident to file a lawsuit against the negligent party. In a civil lawsuit, victims who have suffered personal injury can sue for damages including medical bills, ongoing care, pain and suffering, and lost wages.

However, there are other factors that may impact how long you have to file a lawsuit. If an accident is fatal, family members of the victim also have 2 years from the date of the crash to file a wrongful death claim. If an injured party succumbs to their injuries sometime after the accident, the family has 2 years from the date of death rather than from the date of the crash.

A medical malpractice lawsuit against a doctor is similar to a wrongful death claim in the sense that the 2-year statute of limitations begins when the injury is discovered. Once the patient discovers a problem, the suit must be filed no more than 4 years from the time of treatment. For victims under the age of 18, they have 8 years from the medical error with no claim being filed beyond the person’s 22nd birthday.

Starting at a “discovery date” rather than the incident date also applies to accident injuries that don’t show up immediately, which is called delayed onset of injuries.

Things That May Buy Your Case More Time

There are a few instances that may postpone or pause the time a victim has to file a lawsuit in Illinois, despite the statute of limitations. The following will adjust the 2-year personal injury statute of limitations:

If the victim is under 18 years old in which the 2-year clock will begin on their 18th birthday.
If the victim has a legal disability deeming them mentally incompetent in which the clock starts when it’s determined that the condition has been resolved.
If the victim becomes legally disabled within the statute time period, the clock will be paused until they are deemed mentally fit.
If the defendant leaves the state of Illinois during the statute of limitations time period, the clock will pause and resume again upon their return.

These circumstances may buy time for a victim to file a personal injury lawsuit, but they should not be relied upon. For instance, a judge might deny a request to delay the statute of limitations if there isn’t sufficient proof of a disability or that the defendant left the state. It’s important to move quickly to file the appropriate documents to begin a lawsuit. Personal injury attorneys like the Dinizulu Law Group are here to help review your case and ensure that all deadlines are met.

Special Circumstances for Personal Injury Lawsuits

The statute of limitation rules apply to all instances of personal injury unless they happen on government-owned or public land. For example, if someone gets hurt on city or county property in Illinois, a formal claim must be made in accordance with the Illinois Court of Claims Act with the State Attorney General within one year of the incident. If the matter is not resolved and the victim wishes to file suit, they have 2 years from the incident to file a lawsuit.

Why is Filing on Time so Important?

Missing the deadline set by the statute on personal injury in Illinois means you can miss the chance to collect fair compensation. There is nothing preventing a victim from filing the necessary paperwork with the court; however, the defendant’s attorney needs to file a motion to dismiss the case. Unless there is a valid reason, the judge will grant the motion.

Statutes of limitation are put in place to ensure the legal system proceeds efficiently. They also prevent people from holding an accident over someone’s head by threatening a lawsuit indefinitely. Even if the victim has injuries or the defendant is guilty, the rules are strict for not filing on time.

If you have suffered a personal injury in Illinois through no fault of your own, you deserve compensation from the at-fault party.

Contacting the Personal Injury Attorneys at the Dinizulu Law Group Located in Chicago, Illinois

If you have suffered personal injury in Illinois, it’s important to seek legal counsel as soon as possible. You may have a limited amount of time to pursue a lawsuit for your car accident, truck accident, motorcycle crash, work injury, or slip and fall injury under Illinois’ statute of limitations laws.

Contact the Dinizulu Law Group today for guidance on your rights, insurance filing requirements and legal options toward damage compensation. Call us today for a free consultation by calling (312) 384-1920.

What You Need to Know About Trucking Accidents and Litigation Process

November 3, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Truck accidents can be life-altering and result in severe injuries, property damage and even fatalities. Due to commercial trucks massive size and weight, trucks pose a high risk to other drivers on the road.

The legal aspect surrounding truck crashes can be complex and require specialized knowledge and a skilled truck accident lawyer.

Truck accidents can occur for a variety of reasons, such as driver negligence, mechanical failures, improper cargo loading or weather conditions. Understanding the causes and dynamics of truck accidents is crucial for building a strong legal case. Some common factors contributing to truck accidents may include:

Driver fatigue from long hours of driving and tight deadlines which impair their ability to react quickly to potential hazards on the road.
Improper cargo loading leads to unstable or loss of control.
Negligent driving behavior, including speeding, distracted driving, driving under the influence of alcohol or drugs, or aggressive maneuvering can all contribute to truck accidents.
Mechanical failures, such as tire blowouts, brake failures, inadequate maintenance or faulty steering mechanisms can result in serious or fatal accidents.

Truck Accident Litigation Process

Truck accident litigation involves legal proceedings to determine liability, seek compensation for damages and provide justice to the victims. Some key points to consider include:

Establishing Liability

Determining liability in a truck accident is a complex process due to the involvement of multiple parties. While the truck driver is a common party held responsible, other entities may also share liability which includes the trucking company that can be held accountable for negligence in hiring, training or supervising the driver.

Other entities that can be held liable include the vehicle manufacturer if the mechanical defect contributed to the accident.

Gathering Evidence

Building a strong case relies heavily on the collection of compelling evidence. A skilled attorney will investigate the valuable information to help build your case including braking, the truck’s speed at the time of the accident and other parameters prior to the accident.

Your attorney will also request eyewitness testimonies to help establish the sequence of events and provide additional insights like photographs, measurements and reconstructions will provide a clearer understanding of the circumstances surrounding the truck crash. Your attorney will also want information regarding maintenance records, driver logbooks and other relevant documentation to establish liability or negligence.

Discussing Insurance Coverage

Trucking companies are typically required to carry substantial insurance coverage due to the significant damages truck crashes can cause. You need to hire a skilled truck accident attorney who understands insurance policies to ensure that resources are utilized to compensate victims adequately. Additionally, negotiating with insurance companies can be challenging because they will try to minimize the claim or shift the blame onto other parties.

Understanding the statute of limitations

Every jurisdiction has a statute of limitations, which sets a time limit within which a legal claim must be filed. It is important to be aware of and adhere to this deadline. In Illinois, the statute of limitations for truck accidents is two years and begins at the point when the cause of the injury was discovered. In some cases, the statute of limitations may be paused for a period, if the plaintiff was a minor, or mentally incompetent at the time of the accident.

Failing to file a lawsuit within the statute of limitations can result in the loss of the right to seek compensation; therefore, it’s critical to consult with an attorney as soon as possible after a truck accident to ensure they take legal action within the necessary timeframe.

Seeking Expert Assistance

Truck accidents can involve complex legal, technical and procedural intricacies. Hiring an experienced truck accident attorney who has in-depth knowledge of regulations, and precedents and has the resources to experts and medical professionals who can testify and provide expert opinions will benefit your claim.

Compensation and Damages

If you or your loved one are a victim of a truck crash, you may be entitled to various types of compensation and damages, such as:

Medical expenses
Pain and suffering
Lost wages and future earnings
Property damage
Punitive damages

Talk to the Truck Crash Experts at the Dinizulu Law Group

If you or your loved one was injured as a result of an Illinois truck accident, our team of trusted truck accident lawyers is here to help you. Our firm goes above and beyond to handle your concerns and fight for the compensation and justice you deserve.

Make Sure to Ask These Questions to Ask a Personal Injury Attorney in Illinois Before Hiring Them

November 3, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Suffering a personal injury can be a life-altering event that can impact your emotional state, physical well-being and financial stability. If you find yourself in such a situation, hiring a personal injury lawyer can make a significant difference in the outcome of your case. This week’s blog will explore the key questions you should pose before hiring a personal injury attorney.

How much experience do you have in personal injury law?

Experience matters when it comes to personal injury cases. You should ask the lawyer’s background focusing specifically on their experience with cases that are similar to yours. Ask questions about the settlements they’ve achieved and their familiarity with the legal processes involved. A skilled personal injury lawyer will have the expertise, knowledge and resources to navigate your case effectively.

Do you have trial experience with personal injury cases similar to mine?

While most cases are settled out of court, it’s important for your attorney to be prepared for the possibility of going to trial. Ask about their trial experience in handling personal injury cases similar to yours so they can provide you with confidence and assurance that they’re able to effectively represent your case in court, if necessary.

How do you charge for your services?

Understanding the attorney’s fee structure is important for avoiding any surprises later on. Most personal injury lawyers work on a contingency fee basis, meaning they only receive a payment if they win your case; however, it’s important to clarify the percentage they will take from your settlement or award, as well as any additional costs or expenses that will be deducted during the legal process.

What is your approach to settlement negotiations and trial?

Most personal injury cases are settled outside of our and will require litigation. You should ask your attorney what their approach to settlement negotiations is and their experience in the courtroom. You want to hire an attorney who is skilled in both negotiation and litigation and who can adapt to the unique circumstances of your case to get you the best possible outcome.

Will you be the primary lawyer handling my case?

Some law firms may assign your case to a paralegal or junior associate. These professionals are capable; however, it’s important to ensure the lawyer you hire will be directly involved in your case and provide guidance. Establishing a clear line of communication and trust with your attorney is crucial for a successful attorney-client relationship.

How will you communicate with me throughout the litigation process?

When working with a personal injury lawyer, open and regular communication regarding your case is vital. Ask about how the attorney plans to keep you informed about the progress of your case, when they are available for phone calls or meetings and if they will provide updates via email or another communication platform. Understanding how your lawyer will communicate will help you feel more confident and involved in your case.

How do you assess the value of my claim?

Evaluating various factors will determine the value of your personal injury claim, including pain and suffering, medical expenses, lost wages and long-term damages. Ask the attorney about their approach of assessing your claim and their experience in negotiating for fair compensation.

How long do you anticipate my case will take?

It may be challenging to provide an exact timeframe, but an experienced personal injury lawyer should be able to provide an estimated timeline based on their knowledge of similar cases.

Can you provide testimonials or references from past clients?

Requesting testimonials or references from previous clients can give you insight into the lawyer’s quality of service and track record. Hearing first-hand previous clients’ experiences can help you gauge their level of satisfaction and the attorney’s ability to handle personal injury cases effectively.

Contacting a personal injury lawyer in Chicago, Illinois

Hiring the right personal injury lawyer in Illinois is a crucial decision that can significantly impact the outcome of your case. By asking these essential questions, you can gain a better understanding of the lawyer’s experience, approach, and communication style.

Our trusted team of personal injury lawyers at the Dinizulu Law Group go above and beyond and is a highly respected firm located in Illinois. Let us handle your concerns and fight for the compensation you deserve.

The Connection Between Bed Sores and Sepsis

November 3, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – Bed sores, or pressure ulcers, may seem like a minor skin irritation at first glance, but when its overlooked, bed sores can evolve into a life-threatening condition known as sepsis.

One or more ulcers may develop if you lie in bed and don’t change positions often enough or if you sit for extended periods of time without moving; however, it’s important to note bed sores can develop in other ways. For instance, one can form under your arms if you use crutches improperly or behind your ear if your glasses are too tight.

Sepsis, often called blood poisoning, if your body’s life-threatening response to an infection. Sepsis is a medical emergency that requires a rapid diagnosis and treatment. Sepsis kills and disabilities millions and requires early suspicion and treatment for survival.

How do bed sores lead to sepsis?

Bed sores typically develop when prolonged pressure on the skin limits blood flow to specific areas of the body, particularly on bony or prominent areas such as the elbows, heels and sacrum. One or more ulcers may develop if you lie in bed and don’t change positions often enough or if you sit for extended periods of time without moving; however, it’s important to note bed sores can develop in other ways. For instance, one can form under your arms if you use crutches improperly or behind your ear if your glasses are too tight.

Stages of Sepsis

The development of bed sores typically goes through four stages:

Stage 1: The skin appears red and irritated and feels warm, but is not broken. This stage is reversible with prompt care.
Stage 2: The skin breaks open or forms a blister, creating a shallow wound while the infection risk begins to increase.
Stage 3: The wound depends, affecting underlying muscles, tissue and sometimes bone. The risk of infection is even higher than before.
Stage 4: The most severe stage where the ulcer extends deeply into muscle and bone, making it extremely susceptible to infection.

Open bed sores, especially those in advanced stages, create an entry point for bacteria, which leads to infection. When the human body detects an infection, it normally releases chemicals to fight it. In sepsis, this response becomes dysfunctional and counter-productive. If you have a compromised immune system and poor circulation, it makes it especially difficult for someone to fight off infections effectively, making sepsis more likely.

Bed sores are preventable with appropriate care and is critical to avoid the potential aggression to sepsis.

According to the Centers for Disease Control and Prevention (CDC), bedsores occur in more than 1 in 10 residents in nursing homes. When a nursing home neglects a resident who can’t easily move on their own or advocate for their own health, it may lead to bed sores and sepsis.

Pursuing Legal Action to Get Justice

If you believe you or your loved ones legal rights have been violated, contact the Chicago nursing home abuse attorneys at the Dinizulu Law Group today to advocate on your behalf. The initial consultation is free of charge and works on a contingency fee basis which means we get paid for our services only if there is a monetary recovery of funds. The Illinois statute of limitations is two years and a lawsuit must be filed before an applicable expiration date. It’s important to call right away to ensure that you do not waive your right to possible compensation.

Our firm will fight for your right to receive compensation for pain and suffering, lost wages, rehabilitative care and other damages related to nursing home abuse and neglect. Protect your rights and contact our firm today by calling (312) 384-1920.

Cook County Residents May Pay Higher Property Taxes to Subsidize Wealthy Nursing Home Owners

November 2, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – The Health Care Council of Illinois, which represents the nursing home industry, is insisting on a property tax break that Governor J.B. Pritzker has already vetoed in an effort to save Cook County nursing homes and lead to better services. The question remains: why should Cook County taxpayers take on the burden to avert pending closures and raise subpar care?

The Health Care Council is now trying to override Pritzker’s veto which would put an even heavier burden on taxpayers as higher property tax bills are on its way for most Cook County, Illinois, homeowners. The amendment was added to a larger bill which deals with other tax issues.

It’s now up to Illinois lawmakers to stand up for taxpayers and keep Pritzker’s veto as is.

Nursing homes are notoriously known for high turnover rates and low staffing levels. According to the Chicago Tribune, in September 2022, residents filed a lawsuit against Alden nursing homes claiming their “intentional lack of staffing has led to numerous injuries and illnesses.”

The lawsuit alleged that “residents have fallen down stairs while strapped to a wheelchair, fractured their neck when dropped by one person using a mechanical lift that requires two people, and ingested poisonous chemicals due to lack of care and supervision.”

Furthermore, between 2013 and 2017, more than 80% of all inspected nursing homes in the nation had an infection prevention and control deficiency, such as a lack of regular hand-washing.

The question remains: why should Cook County taxpayers bear the burden of providing a better quality of living for vulnerable nursing home residents when costs are already high?

How Long Do You Have to Report a Car Accident in Illinois?

October 25, 2023/in Blog, Uncategorized/by Yao Dinizulu

CHICAGO, IL – If you’ve been involved in a car crash in Illinois, it’s critical to understand the rules around reporting the accident so you can comply with the law and ensure you have all the necessary documentation for any future accident claims. A police report can also serve as a valuable resource for an Illinois personal injury attorney.

Should I File a Police Report for a Minor Car Accident in Illinois?

Drivers must report any accident resulting in injury, death or property damage exceeding $1,500 (or $500 if the driver is uninsured). Even if an accident does not meet this criteria, you should still file a police report.

Minor accidents like fender benders may not always meet the legal reporting threshold; however, filing reports for minor accidents can generate useful records in case of future disputes or complications. A police report can document the details of the accident, establish the timeline and note any potential contributing factors, including the weather or road conditions. Insurance companies often require the presence of an official report when processing a claim. The car accident attorneys at the Dinizulu Law Group are here to help you and can use this information to help pursue compensation.

How Long Do You Have to Report a Car Accident in Illinois?

You must notify the police immediately if you are involved in a car crash resulting in death, injury or property damage resulting in $1,500. Illinois state law previously required motorists to file a report with the Illinois Department of Transportation within 10 days of the accident; however, the recent legislature removed this requirement in August 2021. A car accident attorney might recommend that you alert the police of the incident to protect your rights to compensation if the other driver was to blame.

How to Report Car Accidents

If you are involved in a car crash that results in injury, death or property damage, you must remain at the scene and alert the police immediately by calling 911.

You can also report certain types of car accidents to the Illinois State Police online, including single-vehicle crashes, crashes that result in property damage only with no injuries or accidents on the interstate highways or Illinois State Roadways under their jurisdiction.

Where to Obtain a Chicago Police Report

You can obtain a Chicago car accident report online. For each report, you must pay a $6 fee, which includes a $5 service charge and $1 convenience fee. You can also visit the Chicago Police Department Records Customer Service Section in person which is located at 3510 S. Michigan Avenue, Chicago, IL 60653.

What to Include in Your Police Report Request

If you have the report number for the crash, this is the quickest way you can locate the specific report. Simply search for the report number along with the crash date. Otherwise, you’ll need to search by the crash date plus the first and last name of any person involved in the car crash.

Speak to an Attorney About Your Next Steps

If you were injured in a car accident in Illinois due to another person’s negligence, get in touch with the attorneys at the Dinizulu Law Group. Contact our office today for your free case review with an experienced car accident lawyer at (312) 384-1920.

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

October 25, 2023/in Blog, Uncategorized/by Yao Dinizulu

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?

October 4, 2023/in Blog, Uncategorized/by Yao Dinizulu

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?

October 3, 2023/in Blog, Uncategorized/by Yao Dinizulu

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

October 3, 2023/in Blog, Uncategorized/by Yao Dinizulu

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.