Frequently Asked Questions of Personal Injury Lawyers in Chicago

Illinois injury attorneys answer common questions from clients

Regardless of the type of injuries they suffer, victims in personal injury cases all have one thing in common: questions. How will the case proceed? What damages am I likely to receive if successful? What mistakes do I need to avoid when an attorney handles my case?

When you have questions about Illinois personal injury cases, The Law Offices of Newman, Boyer & Statham, Ltd. provides answers. With more than 20 years of experience, we offer knowledgeable, compassionate counsel to every client we represent, and we’re prepared to handle cases involving any type of accident or injury. Answers to some of the questions we’re asked most frequently are provided, but for more information, please contact us at The Law Offices of Newman, Boyer & Statham, Ltd.

Knowledgeable personal injury lawyers ready with the answers you need

Whether you need a reputable brain injury lawyer, a products liability attorney or another type of personal injury attorney in Chicago to answer your legal questions, contact The Law Offices of Newman, Boyer & Statham, Ltd. We are ready to assist you with any type of Illinois personal injury case today. You can reach us online or at 312.443.1998 or 312.443.1998 to arrange a free consultation.

Auto accidents

What information is essential to record following an auto accident?

The bare minimum information you should record following an auto accident includes:

Names, contact information and insurance information of all drivers involved in the accident
License plates of all vehicles involved
Names and contact information of all passengers and witnesses at the scene of the accident

If possible, also photograph the accident scene, paying particular attention to damage to vehicles and to obtaining the general layout of the area.

What are some common car accident injuries?

Our experienced car accident attorneys have seen cases involving many types of common personal injuries, including:

Traumatic brain injury (TBI), which can lead to massive lifelong injuries and disabilities
Neck injuries and whiplash

Spinal injuries
Fractured bones
Amputations

Should I see a doctor even if I do not believe I have been injured?

Yes. Some very serious injuries present no physical symptoms immediately following the trauma of a car accident. You should always visit a doctor or medical professional as soon as possible after the accident. Delaying a diagnosis or treatment could negatively impact your claim — and cause serious health problems.

Medical malpractice

Is it possible to file a malpractice lawsuit against someone who is not a doctor?

Yes. All medical professionals owe a duty of care to their patients, and the violation of such a duty of care forms the core of any malpractice action. Nurses, physical therapists, medical technicians and other such professionals can all be found negligent under malpractice law.

How can I keep my doctor from finding out that I plan to file a malpractice lawsuit against him or her?

The first thing you should do is change doctors, especially if you are under the active care of the physician you plan to sue. Your new doctor can request your medical records from your previous physician. You can also request your medical records yourself, but this can be problematic. It is common for a physician who suspects a malpractice lawsuit to lose information that is vital to the case.

Workers compensation

Who pays out workers compensation benefits?

In some cases, an employer pays out workers compensation benefits directly; however, in most cases, employers hold workers compensation insurance policies into which they pay over the years. Should an insured employer face a workers compensation claim, it is the insurer who technically pays out the benefits.

Can my employer retaliate against me for filing a workers compensation claim?

Legally, no. Laws protect employees who file workers compensation cases from any form of retaliation, including firing or being discriminated against in any fashion. If you feel that you have been the victim of such retaliation, contact an attorney immediately.

What if my employer refuses to provide workers compensation benefits?

Retain an attorney if you plan to file a formal claim petition with the Division of Workers Compensation in your state. You should not even have to pay an attorney for filing such a claim. He or she will receive a percentage of your award, should you receive one, as payment for legal services.

Products liability

Do I have a valid case if I was injured by a recalled product?

Yes, you should have a valid claim. Recalls generally do not affect products liability cases. However, whether you can legally use the fact of the recall to bolster your case regarding the harmfulness of the product depends on the jurisdiction in which your case is tried.

How does it affect my case if I was harmed by a product with a written warranty?

If the warranty in question made statements regarding the safety or the performance of the product, then the product legally must meet those standards. If you can demonstrate the product failed to meet the claims of its own warranty, it could help your case.

If I failed to read the instructions provided with a product and was injured, do I still have a valid products liability case?

The manufacturer may well have a defense against your claim if you disregarded clear instructions provided by that manufacturer. But if your injury was caused by a legitimate design or manufacturing defect, you may still have a viable products liability case whether or not you read the provided instructions.