Frequently Asked Questions
The challenges that suffering a serious injury can pose are often overwhelming, and many injury victims are left struggling not only with the consequences of the injury or illness, but also the frustration and confusion such a situation can cause. In fact, many victims find themselves with a wide range of questions about their situation and what they can do to get the justice they believe they deserve. At the Disparti Law Group , we understand how frustrating it can be for people in Chicago to find answers to these questions on your own and, as such, have created the following list of frequently asked questions, along with their answers, to help clients in this difficult situation.
If you need an answer that isn’t yet here or would like to speak directly with a lawyer about your situation, don’t hesitate to contact us at (813) 932-2942.
Who is responsible for car accidents when they result from road defects?
Without knowing the particulars of a case it is difficult to say who is at fault. Most often, either local municipalities or construction companies are responsible for maintaining public roadway conditions. Typically, municipalities and construction companies are held responsible for car accidents that result from road defects. Additionally, responsibility for road defects often becomes more complicated when they occur on privately maintained roads. If you have been the victim of a car accident caused by a road defect, discuss your case with one of the skilled Chicago road defect lawyers at the Disparti Law Group, at (813) 932-2942..
What are the most common road defects?
Potholes are among the most common road defects that cause significant damage to vehicles. Another common road defect that can be particularly dangerous is a lack of proper signage, especially in construction zones. Since roads in construction zones are often in various states of repair, it is critical that drivers are able to anticipate the varying road conditions by well-marked signs. Additionally, when lanes end on highways it is important that drivers are warned well in advance so that they may amend their driving.
Do pedestrians have the right to sue a driver?
Sometimes. It’s important to know that pedestrians have many of the same legal rights as drivers, though they use a very different mode of transportation. For instance, just like drivers, pedestrians are entitled to safety on roadways. Unfortunately, however, many drivers endanger pedestrians by speeding through crosswalks and school zones, failing to yield, and practicing other forms of negligent driving. Depending on the circumstances of a pedestrian accident, victims may have legal grounds to sue the driver.
I’m completely overwhelmed by my medical costs, what can I do?
It is normal to find medical costs incurred after an accident to be overwhelming. Medical costs can quickly add up, causing serious financial strain to victims. The first thing you should do after being involved in an accident is talk with an experienced attorney about your situation. If it turns out that someone else was responsible for causing your injury, then you may not be wholly responsible for covering the cost of your injuries. Speaking with a legal representative can give you a bit more peace of mind about your possible legal options in the future.
Do I need evidence for my claim?
While evidence is not necessarily a requirement for some personal injury claims, it can certainly help. For example, if another driver caused you damage or injury, then photos of that damage can substantiate your claim. Additionally, medical bills from a hospital about treatment and costs, or receipts from a vehicle repair shop, can also help your case. Talk with your attorney about what kind of evidence can help your case.
Is a trucker or a trucking company responsible for my accident?
Depending on the circumstances of your accident, either one could be held responsible. If an individual driver was reckless or careless, then the driver is likely to blame. If, however, the accident-causing factor is pervasive throughout the company, the trucking company could be held responsible for the accident-related damages. Trucking company negligence might involve negligent hiring, failure to maintain vehicles, inadequate driver training, or encouraging drivers to work beyond the legal time restrictions. An attorney can help you determine who is to blame in your case.
If there are safety code violations on a property, is the owner responsible for my accident?
Following safety codes is an essential aspect of owning public property. If a property owner fails to follow safety codes and a person is injured as a result, then that property owner may be liable for expenses regarding the accident. For example, if a property owner is at fault if they fail to heed restrictions regarding overcrowding on a stage or raised platform, and the platform collapses and causes injuries. To discuss your concerns regarding safety code violations, speak with a personal injury attorney.
Who can I talk to about my child’s drowning incident?
Facing the loss of a child because of drowning is extremely difficult, and the attorneys at the Disparti Law Group, know that parents dealing with such a tragedy want answers. If the site in which the drowning happened promised supervision, and that promise was neglected, then you might have a claim against the property owner. Additionally, you may have a claim if someone else’s unsafe behavior led to your child’s drowning. In either case, speaking with a personal injury attorney can help understand your options in pursing those responsible.
What if I don’t have time to sue?
Many people think that they do not have time to file a personal injury claim, but this is often built off of an incorrect assumption about the legal process. Sure, you will be involved to a certain extent, but largely your attorney and legal team will handle your case. This frees up your time to both pursue the financial compensation that you deserve and continue with your normal life. You won’t necessarily be bogged down with your personal injury claim. To learn more, speak with an attorney.
What counts as evidence in a personal injury claim?
It varies. In most cases, personal testimony can count as evidence either for or against your claim. In some instances, photographs might constitute evidence, if they depict damage done to property, for example. Also, you could possibly be asked to provide medical receipts or bills to prove that you sought and paid for treatment due to a personal injury, or you might show repair or replacement costs for damaged property. There can be other forms of evidence as well, and it’s important to talk with your attorney about the types of evidence that may be required for your case.
What questions should I ask an attorney I’m thinking of hiring?
There are numerous questions you could ask an attorney that you’re thinking of hiring for your personal injury lawsuit. The following are some good questions to ask initially during your first consultation:
- Have you handled any cases that were similar to mine? How many?
- Do you charge the same amount if we win or lose?
- What is the best way to get in touch with you during the case?
- Will I be working with you directly throughout my case, or another attorney?
These questions can give you a good idea of what you can expect from that attorney throughout your case, and can give you an idea of their experience with cases similar to your own.
Can I get compensation for my child’s school injury?
Sometimes parents can file a personal injury claim if their child is injured at school or daycare. Typically, though not always, these claims involve the lack of supervision of an adult, poor school management/administration, dangerous playground equipment, etc. Your claim may involve something else, but the best way to know for sure if you have a viable legal claim or not is to talk with an attorney about your potential for filing a lawsuit against an individual or against an administrative entity.
What happens if I was in a car accident with an uninsured motorist?
The state of Illinois requires drivers to purchase uninsured motorist insurance along with other required forms of insurance, allowing individuals to make a claim for compensation from their own insurance company in the event that they are in an accident with an uninsured driver. However, in some cases, it may also be possible to take legal action against the person / entity responsible for your accident by filing a civil lawsuit. To learn about the full range of options available to you in situations such as these, contact a car accident lawyer today.
Is someone else responsible for my EMS transport costs?
Some accidents and injuries require the use of emergency medical services, or EMS, including the use of a vehicle to transport someone to a local hospital. These services can be expensive, sometimes costing even hundreds of dollars just for transport. Fortunately, if another person has been the cause of your accident or injury, then that person might also have to assume the costs that you’ve subsequently incurred, including those associated with transport to the hospital.
Can I get compensation for repetitive motion injury costs?
Sometimes. Repetitive motion injuries can be lasting, even permanent, and may require you to receive regular medical attention, making getting compensation particularly important. However, getting compensation from another party depends on whether that party can be deemed to have been negligent and, as a result, caused your injury. If it simply developed as a result of your work and your employer provided reasonable aid and accommodations, you will likely only be able to get workers’ compensation. To determine whether you are eligible to pursue compensation, speak with a lawyer from the Disparti Law Group, P.A..
How long will my case take?
It’s almost impossible to know for sure how long a person’s personal injury case will take because so many different factors can lengthen or shorten a case. If your case requires witnesses, personal testimony, the extensive collection of evidence, and a battle with the defendant, then it will likely take longer than a case that does not involve these things. However, the best way to get a reasonable estimate of the length of your case is to discuss the particulars with an attorney from the Disparti Law Group, P.A..
Can I sue for more compensation if I don’t get the amount I want?
No. Although some people are not satisfied with the amount of compensation that they receive after the completion of their personal injury lawsuit, neither they nor you would be able to sue the same person or entity for the same issue just to get more compensation. This is the main reason why it’s so important to establish with your legal representative a compensation amount that accurately reflects what you need and/or want initially, as this gives you the best chance of actually receiving that amount should your case be successful.
How much compensation can I expect to get?
Because every personal injury claim is individualized, it’s impossible to know for sure how much compensation you might expect. The amount that you may be able to seek in your claim will depend on many factors, such as the damage you’ve sustained, how an injury or illness will affect you and loved ones in the future, and much more. Furthermore, it is important to keep in mind that you cannot completely expect to get compensation, as no outcome is guaranteed.
How long will my case take?
Unfortunately, it is not possible to estimate how long your case will take without knowing more about the details of your case. Even then, it is often not possible to know exactly when your case will be complete. However, speaking with a lawyer from the Disparti Law Group can allow you to get a better idea of a time frame for your specific case.
How are SSI and SSDI different?
The two main disability programs run by the Social Security Administration, Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI), both provide financial support to individuals suffering from disabilities. However, they differ crucially in terms of who may be eligible for these programs. SSI is intended to provide income support to low income individuals and families struggling with the effects of disability. In contrast, SSDI, with a few exceptions, provides financial support to those who have worked for a certain period of time and, as a result, have become eligible for disability benefits based on their work history.
If I was partially at fault for the accident, can I still recover compensation?
Under Illinois law, an individual who has been injured in an accident in which they were partially at fault may be entitled to pursue compensation for their losses. However, their right to do so will depend on the extent to which they are deemed to have been responsible for the accident. According to Illinois state law, which uses modified comparative negligence, a person can only seek compensation if they are 49% or less at fault for the accident.
Who should I sue for my construction accident injuries?
When pursuing a lawsuit for compensation after a construction accident, determining liability can be complicated, as a number of different parties may be at fault for your injuries. For instance, negligent safety standards on a construction site may be deemed to be the fault of the property owner, third-party contractors, or the development company itself. Determining who to sue may therefore require extensive investigation into the causes and circumstances of your accident. To understand who you should sue, it may be necessary to consult with an attorney about your case.
Is negligence in a nursing home different than abuse?
Negligence is different from abuse, though the two are related and are often thought of interchangeably. Abuse involves direct action against a person that results in bodily or emotional harm. Negligence, on the other hand, typically involves a failure in action or failure to address a patient’s needs, thereby leading to harm or illness. Negligence might include things like leaving a patient unattended for hours at a time, mixing up medications, losing paperwork at a nursing home, or not providing necessary nutrition.
What can I do about abuse in my parent’s nursing home?
Sadly, nursing home abuse affects many innocent people, and they do not often have the ability to speak out about it. If you suspect abuse in your parent’s nursing home, you can take action to put an end to it. The first thing to do is to talk with an attorney; your parent might even feel more comfortable if you do this for them because they may fear retribution. Pursuing a personal injury suit could keep your parent from harm and prevent future harm in the nursing home from occurring.
Should I just pay injury costs myself if I’m able to?
Tort law is meant to protect unduly injured individuals from having to do just this; the person or entity that caused your injury or costs should be held accountable for the injury and costs. So though you may be able to pay for your costs yourself, you should not necessarily have to or choose to. Talk with a Chicago attorney today about your best legal options in this situation.