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In most personal injury cases, you have two years to file a lawsuit in the court system. This time frame is known as the statute of limitations. If you do not file within that period or settle the claim out of court, you lose the right to take legal action, which includes being compensated for your injuries.
However, there are situations where this two-year window can be extended. For instance, if the injured person is a minor or has been deemed mentally disabled, the timeline does not begin immediately. In the case of a minor, the two years begin when they turn 18. For individuals with mental disabilities, the ‘countdown’—or the period during which they are considered to have a disability—begins when their condition no longer substantially limits one or more major life activities.
Another exception is when the negligent act is not immediately clear. This often happens in medical malpractice cases or large-scale issues like mesothelioma, asbestos exposure, or lead poisoning. In these instances, the two-year period starts when the injured person becomes aware—or should have reasonably known—about the negligence that caused their injury.
A local government employee, such as a police officer, sanitation worker, or city employee, is also exempt from the statute of limitations and has a year to file a lawsuit.
We recommend starting the claims process as soon as possible and seeking legal advice right away. This ensures you receive the guidance needed to expedite your physical and financial recovery.
Gathering evidence is a crucial step in building a solid case. Anything that supports your claim counts as evidence, from medical records and police reports to witness statements and photos of the accident scene. Other important documents include pay stubs showing lost wages, personal diaries documenting your recovery, and medical and other bills for out-of-pocket expenses. Each case is unique, so the types of evidence you will need can vary. While collecting all this information might seem overwhelming, The Illinois Hammer Injury Law Firm is here to guide you through every step and ensure you gather the evidence needed to present the strongest case possible.
Absolutely! This is quite common in car accidents. Even if you share some responsibility, you can still recover compensation if the other driver was more negligent. For instance, if both you and the other driver were speeding, but they ran a stop sign, they bear more responsibility.
Let us say the insurance company determines you were 10% at fault for speeding. If your total damages are assessed at $100,000, that means $10,000 will be deducted from your award due to your partial fault. So, you would still receive $90,000.
Sometimes, settling a claim outside of court is an option worth considering, depending on a few key factors. Before filing a lawsuit, you will want to review any settlement offers made by the defendant or their insurance company. If the offer seems fair and meets your needs, you can agree to settle. However, if you are not satisfied, filing a lawsuit may be the next step. This is where an attorney can help. They will evaluate the offer and advise you on whether it is a good deal, or if pursuing a lawsuit might result in higher compensation.
A premises liability case happens when someone gets injured on someone else’s property, and it usually centers around whether the property owner was negligent. To have a successful case, you need to show that the injury occurred because the property owner did not take proper care of the property. For example, if an owner knew about a hazard, like a broken stairwell railing, but did not warn anyone, they could be held responsible if someone gets hurt. Another example would be keeping a building open after failing a safety inspection. Many of these cases stem from owners not properly maintaining their property and proving that negligence is the key to winning the case.
Unfortunately, being mistreated by an insurance company happens all too often. Their priority is saving money and maximizing profits for shareholders, not looking out for you and your well-being. After an injury, dealing with an unfair insurer can feel like an accident all over again.
At The Illinois Hammer Injury Law Firm, our attorneys can review your policy and help you understand the compensation you deserve. We will handle negotiations with the insurance company and make sure they uphold your policy to its fullest so you can focus on healing.
While it is frustrating to have to fight for what you are entitled to, having legal representation could be the difference between a small settlement and getting the full amount you’re owed.
Every claim is unique, which means the time it takes to achieve results can vary. Several factors can influence this timeline, including the number of parties involved, the duration of your medical treatment, whether the insurance company admits fault, and whether the claim can be resolved without the need for a lawsuit.
For example, if a defendant disputes fault, the process may take longer as evidence will need to be gathered, and the case might be presented to a jury or, in some cases, a judge or arbitrator. Conversely, if the defendant accepts responsibility and the insurance company is prompt in handling the claim, you might see results more quickly.
Understanding these variables can help set realistic expectations, and we are here to support you every step of the way, ensuring you have the guidance and information needed throughout the process.
Having solid evidence to support your claim is essential to proving its validity. This can include photos of the accident scene, witness statements, a police report, and seeking medical attention right away for your injuries. If you are still in pain after the accident, continuing consistent medical treatment is the best way to show that your injuries are serious. Unfortunately, just saying you are in pain is not enough for the insurance company—they need to see that your actions back it up. Keeping track of medical bills and lost wages also helps demonstrate monetary loss. While these are key steps, they are not the only ones. An attorney can guide you in gathering additional evidence to ensure you present the strongest claim possible and get the maximum compensation you deserve.
The time it takes to receive your settlement or verdict funds can vary, but it generally takes up to 60 days. After reaching a settlement or verdict, your attorney will start by negotiating down any medical bills with liens on your case. Meanwhile, they will submit the necessary settlement paperwork to the insurance company to arrange the release of the funds.
Once the check arrives, all medical liens have been settled, and the paperwork is completed, a representative from the law firm will reach out to you. You will have the choice to either pick up the check in person or have it mailed to you.
Medical malpractice happens when a medical professional fails to meet the standard of care, resulting in harm to a patient. In other words, a doctor or healthcare provider caused injury through negligent actions. To make a medical malpractice claim, you need to show evidence of the healthcare professional’s mistake, as well as the connection between that mistake and the injury. It is important to have a doctor from the same field testify that the standard of care was not met and that this error led to the injury or worsened it. The attorneys at The Illinois Hammer Injury Law Firm can help you find the right medical expert to support your case and testify on your behalf.
A slip and fall accident is considered under the category of premises liability cases. These cases are successful when there is proof that the property owner was negligent. For a slip and fall, it must be shown that the accident happened because of a dangerous or hazardous condition on the property that the owner knew about but did not properly address or warn others about. Proving negligence in these cases might involve photos of the unsafe surface, such as a spill or debris, with no warning signs to alert people of the danger. As with any injury case, continuing medical care and evaluations are important in demonstrating that an injury occurred, which strengthens the credibility of your claim.
You are entitled to several important compensations if you are injured in a car accident. This includes covering the cost to repair or replace your car, paying for all medical expenses related to the accident—whether they are immediate, ongoing, or future treatments. Compensation also includes lost wages from the past, present, and future, as well as pain and suffering experienced during these times. Additionally, if there are any permanent disfigurements, such as scars, or if your normal life has been significantly impacted, these factors are also considered. Lastly, there may be compensation for the loss of companionship or support for your spouse.
If the truck driver was performing work duties when the accident happened—which is often the case—the trucking company is considered responsible because the driver is acting as an extension of the company. This means the trucking company will be financially liable for the accident. However, if the driver was using the vehicle outside of work duties, the company may deny responsibility and place the blame solely on the driver. In such cases, the court might divide the liability between the driver and the company, so both share the financial burden. Regardless of the situation, your attorney will work to maximize your case and guide you through the legal process to ensure the best outcome.
When negotiating a settlement amount, it is important to consider the costs of medical bills. This includes not only the bills you have already incurred but also any future ongoing treatment needed due to the injury from the accident. A settlement is designed to cover the full cost of your treatment and may also include additional benefits outlined in your policy. Even if your medical bills are paid through health insurance or another source, you are still entitled to reimbursement for those expenses through your settlement.
Once the defendant’s insurance company accepts responsibility for the accident, they are obligated to either cover the necessary repairs to your car or write a check for its total loss. The insurance company has the right to choose the most cost-effective option, which means they may decide to pay for a totaled vehicle if it is less expensive than repairing it. If the defendant lacks adequate insurance but you have full coverage, it might be a better choice to pay your deductible and use your own insurance to ensure your car is properly repaired or receives its full value. Afterward, your insurance company can seek reimbursement from the defendant’s insurer, including the amount you paid for your deductible.
If you are considering legal action after an accident, especially if you were injured and received medical treatment, it is important to ensure your name is included in the police report. This not only strengthens your legal claims but also helps prevent potential issues with the insurance company later. To have your name added, you and the driver should promptly visit the police station and request an amended report that lists you as a passenger.
There are certain scenarios when the two-year deadline can be delayed. One situation is when the person who was injured is a minor or has been deemed mentally disabled. For a minor, the two years does not start until the minor reaches the age of majority, 18. In terms of someone who has been deemed mentally disabled, the two-year span begins once the disability is resolved.
It is important to ensure you are included in the police report if you are planning to take legal action after an accident, especially if you were injured and received medical treatment. This will not only support any legal claims you may have, but also help avoid future complications with the insurance company. To have your name added to the report, both you and the driver should visit the police station right away and request an amended report that includes you as a passenger.
The simplest way to prove your wages when seeking wage-loss compensation is by providing your tax records. Usually, the insurance company will ask for tax returns from the past two to three years to calculate your average wage. If you are a rideshare driver, they will look at your monthly earnings logs to determine that average. Once they have this information, the insurance company will use your average wage to estimate the total amount of wages you lost due to your injury.
In some situations, it can be less stressful to use your health insurance to pay medical bills rather than worrying about unpaid bills or the risk of them being sent to collections. In Illinois, your attorney can request the full amount of the medical bills in your settlement, including what your insurance has already covered. For instance, if you have $10,000 in medical bills, and your insurance pays $6,000 while you cover $4,000 out of pocket, your attorney can still pursue the full $10,000 in the settlement. While you may need to repay your health insurance, that repayment will come from the settlement and will typically be for a lower amount. Keep in mind that medical providers are not always required to accept payment from your health insurance and may instead choose to receive a prorated portion of the settlement or verdict, as permitted by the Illinois Healthcare Services Lien Act.
Yes, it is possible to receive two separate settlements from both causes of action. However, the settlements are often interconnected, which is why it is crucial to have the same law firm manage both cases to ensure you receive the maximum amount possible. A law firm like The Illinois Hammer Injury Law Firm, experienced in both areas, will carefully assess the details of your case, such as the severity of the injury and policy limits, to determine the best approach for achieving optimal results. Overlooking or downplaying a personal injury case in favor of a workers’ compensation claim, or vice versa, could negatively affect your outcomes. This is why it is essential to have one law firm evaluate both avenues and guide you in choosing the best course of action.
In the rare event that The Illinois Hammer Injury Law Firm does not win your case, you owe nothing. The firm works on a contingency basis, meaning they are only paid a percentage of the recovery amount, and that percentage varies depending on the type of case. With a 97% success rate, The Illinois Hammer Injury Law Firm has a proven track record. But to be clear, if you do not win, you do not pay. If the firm has taken on your case, it is because they believe in its value and that it is winnable.
Yes, as long as you have met all the other requirements outlined in the Illinois Workers’ Compensation Act.
Illinois law protects injured employees from being fired for seeking compensation under the Illinois Workers’ Compensation Act. If an employer does fire someone for exercising these rights, it could lead to a separate legal claim against the employer.
You may, under certain restrictions outlined in the Illinois Workers’ Compensation Act. Your employer is responsible for covering 100% of all reasonable and necessary medical, surgical, and hospital expenses.
In many cases, you can choose up to two doctors, and your employer must also pay for any referrals made by either of your chosen doctors. However, if your employer has a Preferred Provider list, you are required to choose your first doctor from that list or forfeit that option. In that case, you will only have one doctor of your own choice. We believe that doctors on an employer’s Preferred Provider list may be biased in favor of the employer, so it is best to avoid them. Since opting out of your employer’s doctors limits you to one choice, it is important to contact us before beginning treatment so we can help review your options and make the best use of your choice.
Yes, but this type of examination, often called an “Independent Medical Evaluation,” must be arranged and paid for by your employer. It also needs to take place at a time and location that is reasonable for you to attend. If you lose work hours due to the exam, your employer is responsible for compensating you for that time. Keep in mind that your employer is sending you to their chosen doctor to gather the injury details, diagnosis, and prognosis that best suit their interests, to possibly reduce or deny your claim. Be sure to clearly explain to the employer’s doctor the details of your injury, your medical treatment, and that your injury was directly caused by your job.
Talk to an attorney who focuses on workers’ compensation law. The Illinois Hammer Injury Law Firm offers free consultations, so there is no charge to discuss your case.
You will only be charged a fee if a recovery is made on your behalf. The details are outlined in the written attorney/client agreement, which you will be asked to sign if you choose to move forward with legal representation. Be sure to read the agreement carefully and ask any questions you have before signing.
No, as long as you have met all the notice requirements.
In these cases, it is possible to receive a lump-sum settlement instead of scheduled payments, as long as the Illinois Industrial Commission approves it.
Your employer is responsible for covering emergency services, doctors, hospital stays, and any other medical care providers you may be referred to. There are some restrictions outlined in the Workers’ Compensation Act, so it is a good idea to consult with an experienced workers’ compensation lawyer to ensure your rights are protected when it comes to your employer’s payment for your medical treatment.
The only legal way to ensure you can receive future medical treatment is to have a hearing before an Arbitrator at the Illinois Industrial Commission. If you settle your claim with your employer for a lump-sum payment for Permanent Partial Disability (PPD), you will close the door on your right to any future medical treatment for your work-related injury, unless your settlement contract specifically states otherwise.
It is important to notify your employer right away if you experience a work-related injury or illness. Delaying this notification could put your benefits at risk. You can inform your employer either verbally or in writing. For your own protection, do not give a recorded statement and do not sign any documents from your employer or their insurance company until you have had a chance to review them with a qualified workers’ compensation attorney. Additionally, make sure to keep your employer updated on your medical condition.
You may choose to go to an Arbitration hearing so that all of the evidence surrounding your claim may be heard by an Arbitrator. The Arbitrator’s decision may be appealed by either party, and, depending on the facts regarding your injury, may go all the way to the Illinois Supreme Court.
You may be entitled to workers’ compensation benefits, and it is important to explore this possibility. If you have been injured or become ill due to your job, these benefits can help cover your medical expenses and provide financial support during your recovery.
If you have not received a lump-sum settlement for your claim, there are certain situations where you may still be eligible for additional medical, surgical, or hospital services, as well as increased compensation. The Illinois Industrial Commission can consider these circumstances, so it is worth looking into your options.
By accepting a settlement offer, you might be giving up any future claims to workers’ compensation benefits related to your injury. It is important to fully understand what that means before you agree to anything.
You should definitely follow your doctor’s advice and try to return to work. A positive outlook about going back can help your workers’ compensation claim. If you notice any pain or discomfort when you get back on the job, make sure to let your supervisor know right away and schedule an appointment with your doctor as soon as you can. Taking these steps can help you manage your recovery better.
You might have a legal option known as a “third-party claim” against the person or people responsible for your work injury. Common examples of these claims include car accidents and product liability cases. For instance, if you were injured in a car accident caused by another driver, you could file a claim in state or federal court against that driver and their insurance company. Similarly, if a faulty product caused your injury, you could go after the manufacturer.
If you successfully recover damages from a third party, keep in mind that your employer may be entitled to get back some or all the benefits they paid out for your workers’ compensation claim. This reimbursement would typically come from the third party or their insurer. It is a good idea to discuss these options with a legal expert to understand your rights and what steps to take next.
Workers’ compensation benefits typically cover injuries that happen as a result of your job. This also includes situations where a previous injury or illness is worsened because of your work. For example, injuries from repetitive stress, like carpal tunnel syndrome, are included. Additionally, conditions such as strokes, heart attacks, and other health issues that are linked to your employment are also covered. It is important to understand what qualifies so you can make sure you receive the benefits you deserve.
You have three years to file a workers’ compensation claim, but there are some specific conditions outlined in the Illinois Workers’ Compensation Act. It is best to act as quickly as you can to make sure you protect your rights under the law. The sooner you get started, the better!
Workers’ compensation includes various benefits that state law provides to most workers who have experienced job-related injuries or illnesses under the Illinois Workers’ Compensation Act. This Act is managed by the Illinois Industrial Commission, a state agency. It was established by the Illinois General Assembly in 1911 to offer financial protection and security to nearly every worker who gets injured or falls ill while on the job. In fact, almost all employees in Illinois are covered by the Act as soon as they start working, and benefits are available to injured workers regardless of who was at fault for the injury.
Temporary Total Disability (TTD) compensation is calculated as a percentage of your gross average weekly earnings, including any overtime, while you are off work due to a work-related injury or illness, as ordered by your doctor. If you have a second job and your employer knows about it, your TTD payments will be based on the total income from both jobs.
You will also have 100% coverage for reasonable and necessary medical, surgical, and hospital expenses. Additionally, if appropriate, you may receive physical, mental, and vocational rehabilitation benefits, although these come with certain requirements and limitations.
For permanent disability or dismemberment, you can receive compensation either as a lump sum or through payments over time. If the injury leads to the worker’s death, the worker’s spouse and/or dependents are entitled to specific benefits outlined in the Illinois Workers’ Compensation Act.
You might be eligible for unemployment compensation, Social Security benefits, disability benefits, and group health insurance. Your workers’ compensation lawyer can help determine if these benefits apply to your situation and guide you on how to proceed.
Your lawyer should help you file your claim with the Industrial Commission and make sure you receive all the benefits you are entitled to under the Workers’ Compensation Act. If needed, your lawyer may petition for an immediate hearing to ensure you get the benefits you deserve promptly. They might also need to take depositions from your doctors to gather evidence for a fair resolution. If a hearing is required to settle your claim, your lawyer may need to review or even appeal the Arbitrator’s decision. In some cases, your claim could go as far as the Illinois Supreme Court, depending on the facts of your case.
The Illinois Hammer Injury Law Firm strongly recommends that you hire an experienced attorney who specializes in workers’ compensation law as soon as possible. A skilled workers’ compensation lawyer will guide you through the claims process to ensure you receive all the benefits you are entitled to under the Illinois Workers’ Compensation Act.
Your employer will not inform you of your rights under the Act, and while many employers are fair, they may not feel it is in their best interest to fully support you in recovering the benefits you deserve. Keep in mind that their goals and priorities may not align with yours, so having the right legal support is crucial.
According to the Illinois Workers’ Compensation Act, your employer or their insurance company is legally required to start paying Temporary Total Disability (TTD) benefits within 14 days of the date you notified your employer about your work injury.
Workers’ compensation benefits are typically paid by your employer, either directly or through their insurance company.
If you are unable to work for five months, and your doctor expects your disability to last for a full year or more, you may qualify for Social Security benefits. It is a good idea to check with your physician and look into your options to see if you are eligible for this additional support during your recovery.
If medical evidence shows that you are unable to return to your regular job because of your work-related injury, your employer may be required to cover the cost of vocational rehabilitation to help you find a job that fits your physical limitations. Additionally, you might be entitled to receive maintenance payments, which are equal to your Temporary Total Disability (TTD) payments, while you are in training for your new position.
You may be eligible for compensation if you experience permanent partial loss of use in the injured part of your body, or in your body as a whole. This is called Permanent Partial Disability (PPD) compensation. You can receive this either through a settlement agreement with your employer or through a decision made by the Arbitrator handling your claim.
If you have to take a lower-paying job because you can no longer handle the duties of your regular position due to your injury, you might be entitled to benefits. These benefits would be equal to two-thirds of the difference between what you were earning before the injury and what you are able to earn now after returning to work. This can help make up for the loss in income while you adjust to your new role.
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