Personal Injury FAQ's

1. What is negligence?
2. What is a wrongful death case? Who recovers?
3. What qualifies as "neglect" in a nursing home case?
4. What type of remedies are available to a worker as compensation for injuries suffered during the course of employment?
5. What financial compensation can be recovered in a personal injury claim?
6. What is the time limit to file for a claim resulting in personal injury?
7. What do the terms "plaintiff" and "defendant" mean?
8. Does a plaintiff in an injury case have to present evidence "beyond a reasonable doubt" in order to win?

1. What is negligence?

Negligence is the legal term for any careless behavior that causes or contributes to an accident. A person can be considered negligent when he or she fails to act as would a reasonably careful person under similar circumstances.

Back to Top

2. What is a wrongful death case? Who recovers?

A wrongful death case is an accident caused by someone's negligence which results in a fatality. In order for a wrongful death claim to proceed, a personal representative of the decedent's estate must be appointed. This can be a relative, bank or other invidividual or institution. Moneys received are distributed not to the representative of the estate but to the decedent's next of kin in accordance with Illinois Law. Where a decedent is survived by a spouse and children, the next of kin would be the spouse and children .

Back to Top

3. What qualifies as "neglect" in a nursing home case?

"Neglect" is the failure to provide reasonable care to a resident which results in harm or injury to the resident.

Back to Top

4. What type of remedies are available to a worker as compensation for injuries suffered during the course of employment?

Three types of compensation are available:

1. 2/3 of your average weekly wage while you are off work by doctor's order. In most cases, overtime is not included in average weekly wage;
2. payment of 100% of your medical bills related to your work injury;
3. in most cases permanent disability, paid at the rate of 60% of your average weekly wage, up to maximum state limits.

No compensation is available for pain and suffering.

Back to Top

5. What financial compensation can be recovered in a personal injury claim?

In general, there are four distinct categories of compensation available, if proven by the evidence:

1. medical bills;
2. lost wages;
3. pain and suffering; and
4. disability

Where your injuries are permanent in nature you may also be entitled to each of the four categories for the rest of your life.

Back to Top

6. What is the time limit to file for a claim resulting in personal injury?

In general there is a two year statute of limitation for filing suit. Depending on the type of case, who the victim is, or who the defendant is, this time period may be shortened or lengthened.

Back to Top

7. What do the terms "plaintiff" and "defendant" mean?

Plaintiff is the injured party, who brings the claim or lawsuit seeking money damages. The Defendant is the person claimed to have caused the injury.

Back to Top

8. Does a plaintiff in an injury case have to present evidence "beyond a reasonable doubt" in order to win?

No. The "beyond a reasonable doubt" standard applies only to criminal cases, where
a defendant may go to jail. In a personal injury case, the legal standard is "more probably true than not true", which means anything more than 50%.

Back to Top