Illinois Personal Injury Lawyer

Unintentional injuries cause suffering for thousands of Americans each year. If you have been recently injured in a car accident or suffered a job injury, contact us today to see if you could be entitled to compensation for your injuries.

Personal Injury Cases—An Overview

In pursuing personal injury claims, we work with investigators and experts in specialized areas who can skillfully investigate the technical and medical aspects of your case. More importantly, we can work through the maze of paperwork necessary to resolve your claim so that you can get on with your life.

Our fee is “contingent,” meaning we earn a fee only if you get paid. The contingency fee system enables injured individuals and their families who cannot afford to pay on an hourly rate basis to have an attorney. The fee agreement will be carefully explained to you before you retain us. We understand that a personal injury case can add an incredible amount of stress to any person’s life. Our experience and our goal to put you at ease ensure that your case will be handled in the most expeditious and hassle-free way possible.

Preserve Your Rights!—You can increase your chances of success and your potential compensation by taking some common sense steps before you even meet with your attorney.

If you think you might have a case, contact us for an evaluation. We are experienced with cases like yours and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to prevail, we will tell you, and you will not need to incur the time and expense of pursuing an unpromising claim.

Car Accident Injury

According to the National Highway Traffic Safety Administration (NHTSA), every 10 seconds someone in the U.S. is involved in a car accident. Generally speaking, drivers must use “reasonable care under the circumstances.” The failure to use reasonable care is considered negligence under the law. A negligent driver who causes an accident may have to pay compensation to victims of the accident who were injured through the driver’s negligence. The injured party (plaintiff) must show that the other driver (defendant) was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries.

To make your case, we look specifically at whether the defendant:

  • Drove under the influence
  • Disobeyed traffic rules
  • Failed to signal
  • Drove above or below the speed limit
  • Disregarded driving conditions
  • Drove on the wrong side of the road
  • Drove recklessly
  • Behaved in other negligent ways

Car Accident Cases, Drunk Driving—Every half hour, someone dies in an alcohol related car crash. In a lawsuit arising from a drunk driving accident, both the intoxicated driver and the bar or social host who allowed the driver to drink to excess may be responsible for injuries and damages. Because we are aware of the many laws governing legal responsibility, we can help you identify who might be held responsible for your injuries, including people or businesses you might not have considered.

Auto Accident Cases, Other Injuries—Sometimes accidents are caused by automotive defects rather than by another driver. In such a case, an automobile manufacturer or supplier may be liable under products liability law. A products liability case is a lawsuit brought against the seller or maker of a defective product that hurt a consumer or user.

A driver also may not be at fault if a mechanic fails to repair a car and an accident results. In such a case, the mechanic and the garage may be liable for the injuries due to negligence.

Badly maintained roads or malfunctioning traffic signals can cause accidents, too. In cases such as these, government entities may be liable for injuries. These defendants are shielded by additional laws, so sound legal advice is crucial in these cases.

In any personal injury case, it is essential that measures are taken promptly to preserve evidence, investigate the accident in question, and have physicians or other expert witnesses thoroughly evaluate any injuries. If you have been in a motor vehicle accident, contact us today for assistance accomplishing all of these things.

Workers’ Compensation

Workers’ Compensation Cases—We have been helping injured workers for over 20 years, and we have handled thousands of claims. We represent employees who are injured on the job in claims for settlements, lost wages, and medical treatment expenses against private industry and state and local government employers and their Workers’ Compensation insurers. We handle issues dealing with defenses, fraud, subrogation, and appeals. There are often complex legal issues involved in claims regarding proximate causation, statutes of limitation, requirements for receiving different types of disability compensation, and intervening injuries. If you have been injured at work, it makes sense to contact a law firm that knows the laws, knows the system, and strives to protect injured workers from unfair employers.

Our fee is “contingent,” so we only earn a fee only if you get paid. The contingency fee system enables injured workers who cannot afford to pay on an hourly rate basis to have an attorney. The fee agreement will be carefully explained to you before you retain us. We treat you with the courtesy and respect you need and deserve. We understand that a Workers’ Compensation claim can add an incredible amount of stress to any person’s life. Our experience and our goal to put you at ease ensure that your claim will be handled in the most expeditious and hassle-free way possible.

Determining Liability

Determining who is responsible for what portion of your injury allows the court to apportion your compensation. Figuring out relative responsibility is difficult and inexact, but usually it’s easy to determine if another person is entirely at fault and the amount that you yourself might be responsible. If you are some percentage responsible for your own injuries through your own negligence, then your compensation will be reduced accordingly. If you are 10% responsible for a car accident in which you are injured, the other responsible person is liable for 90% of your compensation.

Liability laws vary widely. Here are some general trends:

  • Car accidents are the most common type of personal injury case in the U.S. Unless a no-fault law applies, the injured person must show that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. Negligence depends not only on carelessness but also on whether traffic rules were violated. We will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.
  • Many people are injured when they slip (or trip) and fall. Every slip-and-fall case depends on whether the property owner or controller was negligent, as well as whether the victim was behaving carefully at the time of the fall.
  • Because there are many personal injury actions and liability theories, we will thoroughly evaluate the likelihood of success if you were to bring a claim for your injuries and of the potential value of your case. In light of the deadlines imposed under state and federal law for the filing of personal injury actions, meeting with an attorney sooner rather than later if you think you might have a claim is always recommended.

How Will Fault for My Injury Be Determined?

The extent of every party’s fault in causing your injury is the most important factor affecting how much you are likely to receive for your personal injury claim. Determining fault for an accident is not an exact science. But in most claims, your attorney will at least have a good idea whether another person was entirely at fault, and the extent, if any, that you were at fault. Whatever that rough percentage of your fault might be—10%, 50%, 75%—is the amount by which the damages total will be reduced to arrive at a final settlement or award figure.

Various rules of fault apply in different types of personal injury actions. Here are some examples of liability rules in different types of actions:

  • Suppose you are injured in a store—can you recover damages from the store? It depends on the facts of the case. Storeowners must keep their premises reasonably safe for customers by inspecting and discovering any dangerous conditions. They must also keep all aisles clear and properly maintained. A judge or jury will look at whether the owner was aware of the condition that caused your injury and how long it had existed. A judge or jury will also look at your conduct in relation to the condition.
  • If you’ve been injured by a dangerous consumer product, you may have an easier time recovering compensation for your injuries than those who are injured in other ways. “Product liability”—the legal rules concerning who is responsible for defective or dangerous products—is different from ordinary injury liability law, and this set of rules sometimes makes it easier for an injured person to recover damages. For several reasons, the law has developed a doctrine known as “strict liability” that allows a person injured by a defective or unexpectedly dangerous product to recover compensation from the maker or seller of the product without showing that the manufacturer or seller was actually negligent.
  • Many thousands of people are injured each year—some very seriously—when they slip or trip and fall on a dangerous floor, a flight of stairs, or a rough patch of ground. There is no precise way to determine when someone else is legally responsible for something on which you slip or trip. Each case turns on whether the property owner acted carefully so that slipping or tripping was not likely to happen, and whether you were careless in not seeing or avoiding the thing that caused you to fall.
  • Automobile accident claims are by far the most common type of personal injury case in our court system today. Except in those states where legislation has been passed doing away with fault as an issue (no-fault laws), these cases are litigated under general negligence principles. The injured plaintiff is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist, or pedestrian acted carelessly, but not what rule or rules that person violated. Your case can be strengthened if you find some “official” support for your conclusion. Your attorney will look to a number of sources to help you determine who was at fault for your accident, such as police reports, state traffic laws, and witnesses.

There are many different types of personal injury actions, and several theories of fault that may apply in a given case. Discussing your case with a personal injury attorney is the best way to have a thorough evaluation of the likelihood of success if you were to bring a claim for your injuries as well as the potential value of your case. In light of the deadlines imposed under state and federal law for the filing of personal injury actions, meeting with an attorney sooner rather than later if you think you might have a claim is always recommended.

Barry R. Rabovsky
1355 South Route 59 1A | Naperville, IL 60564
Telephone: (630) 820-1000
Toll Free: (800) 822-4321
Fax: (630) 820-4585