Lead in the paint on our children’s toys. Packaging plastics that leech chemicals into our food. Recalls on all types of pharmaceuticals. Unsafe produce, dog food, and automobiles. It seems that as consumers, everywhere we turn we encounter potential dangers. We find ourselves watching the nightly news to see if any of our trusted products have been canceled, recalled, or otherwise exposed as hazardous. We are justifiably outraged when a product is found to be unsafe. This outrage can take many forms. When it is expressed through the legal system, we can call on the expertise of a Chicago personal injury attorney to guide us as consumers seeking recourse.

Personal injury law is based on the idea of one entity’s (person or organization) duty to another. When this duty is broken or neglected and damage occurs as a result, this is a violation of personal injury law. Specific to the area of products and consumers, the legal duty of the manufacturer to protect the consumer from harm through use of their products is very strong, so strong, in fact, that (more…)

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Often, people who could benefit from the services of a lawyer assume that they cannot afford to hire one. Other times, people fear that they will spend their hard earned money on an attorney, only to have that money lost if the case is not returned in their favor. With large, corporate lawyers, this may be the case. But the exception to this trend in Illinois is found in a Chicago personal injury lawyer.

Personal injury lawyers differ from corporate and business lawyers. The role of a personal injury attorney is not to (more…)

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Most often, Chicago personal injury lawyers help injured persons recover compensation from the person who caused their injury. But in the few cases in which negligent behavior causes death, this type of attorney works to help the family of the person who has been killed.

This type of case is called a “wrongful death” suit. It essentially establishes that some person or party directly caused a death that would not have happened otherwise. The lawyer helps that victim’s family assemble an argument that lays out the various consequences set in motion by the loss of that person’s life. They then pursue compensation for a specified amount based on specific financial damages and approximated non-financial damages.

Wrongful death is a civil charge, not a criminal charge, but it can be pursued in cases that also have had criminal proceedings. For example, if a burglar shoots and kills the occupant of a house, that person will likely be punished for it. However, punishment against the shooter does nothing to help the people who have lost a member of their family. But a wrongful death suit can help ensure the family’s voice is heard and their rights are protected.

Because the stakes are so high and the accusations so serious, wrongful death is a very difficult lawsuit to win. In order to win a wrongful death case, a personal injury lawyer must, on behalf of the client, prove three things:

1. The actions of the accused directly caused the death.
2. The death would not have happened without the person’s actions (therefore it is wrongful).
3. If the victim had lived, he or she would have been entitled to damages.

Often, proving these three facts requires testimony from experts in the field of whatever caused the death. For example, a professional automobile crash expert can explain how an accident unfolded and what actions caused what damage. Likewise, if it was caused by a surgical complication, an expert surgeon can testify as to whether the complication could have been prevented by the doctor.

Then it must be shown that, had the victim lived, he or she would have been entitled to damages for the injuries. For example, if a pedestrian struck by a drunk driver is paralyzed and dies because their lungs cease functioning, that person would likely have been entitled to damages for the overall paralysis had he or she survived.

Damages assessed in a wrongful death case are somewhat different from the damages for an accident survivor. Accident survivors can sue for direct financial expenses (medical bills, loss of work time, cost of therapy and transportation during recovery), future financial repercussions (lifelong treatment, inability to perform same paying job), and non-financial damages (pain and suffering, loss of enjoyment of life.)

In addition to these, a Chicago wrongful death lawsuit also addresses the affect the loss has on that person’s family. This may include:

• Funeral expenses (in addition to medical expenses)
• Loss of anticipated income (if the victim was a contributing member of a household)
• Mental anguish and sorrow to the survivors
• Loss of companionship for a spouse or child
• Punitive damages.

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Often, members of the general public imagine lawyers to be aggressive professionals in dark suits who find loopholes to benefit the interests of large companies and corporations. But with one type of lawyer, the personal injury lawyer, there is a distinct difference: personal injury law is about fighting for the so-called ‘little guy.’

Each year, thousands of consumers, motorists, medical patients, and nursing home residents are injured due to the neglect or malpractice of a professional, corporation, or other individual. When this happens, the corporation (or their insurance company) is likely to employ expensive litigators to intimidate the injured person and convince them that they are entitled to minimal compensation or no compensation at all.

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