Frequently Asked
Questions
Illinois Wrongful Death Trial Attorneys
The following information includes frequently asked personal
injury questions. The answers stated are general in nature and are
not intended to apply to every personal injury situation. Each case
is different and carries its own set of circumstances which must be
taken into consideration by competent legal counsel. By contacting
the Chicago, Illinois serious injury law firm of Philip F. Maher
& Associates, you can receive a personal consultation regarding
your specific legal claim.
What is Personal
Injury?
Personal Injury is any physical or mental injury to a person
that results from another person's negligence or harmful act.
Personal Injury involves civil law cases as opposed to criminal law
cases which involve a defendant and the State of Illinois. Personal
injury often refers to bodily injury and can occur in a wide
variety of ways. The following are some of the most common
accidents resulting in personal injury:
- Auto Accidents
- Dangerous or Defective Product Injuries
- Slip and Fall Accidents/Premise Liability
- Nursing home abuse and Neglect
- Traumatic Brain Injury
- Birth Injuries
- Wrongful Death
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What financial
compensation can I recover in a personal injury claim?
Accident victims are entitled to recover monetary damages for
all losses and expenses suffered from the accident. Depending upon
the particular circumstances of your case, damages may include
recovery for any of the following:
- Medical bills
- Lost Wages, including overtime
- Pain & Suffering
- Physical Disability
- Disfigurement
- Emotional Trauma
- Mental Disability
- Property Damage
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Under what
circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family
of a person whose death was caused by the negligent, willful or
wrongful act of another. Wrongful death cases are filed as a result
of a variety of situations, including:
- Medical malpractice resulting in decedent's death
- Neglect or abuse on the part of a nursing home that results in
decedent's death
- Automobile, bus, train, airplane or other common carrier
fatality accident
- Occupational exposure to hazardous conditions or substances
(exposure to asbestos, etc.)
- Death during a supervised activity (sports tournament, field
trip, etc.)
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Who can file a
wrongful death lawsuit?
A wrongful death case alleges that the decedent was killed as a
result of the negligence of the defendant, and that the decedent's
immediate family members (often called "distributees") are entitled
to monetary damages as a result of the defendant's conduct. The
most common distributees are surviving spouses and children, and
sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful
death cases are awarded. Courts interpret "pecuniary injuries" as
including the loss of support, services, lost prospect of
inheritance and medical and funeral expenses. Punitive damages may
also be awarded in cases of serious or malicious wrong-doing to
punish the wrong-doer, and/or deter others from behaving
similarly.
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Does someone who is
simply not satisfied with the results of surgery have a malpractice
case?
No. In general, there are no guarantees of medical results, and
unexpected or unsuccessful results do not necessarily mean that
negligence occurred. To succeed in a medical malpractice case, a
plaintiff has to prove that a medical injury or related damages
resulted from the doctor's deviation from the standard of care
pertaining to the procedure, not that the results from a
standardized medical treatment were unsatisfactory.
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Does
misdiagnosis fall under medical malpractice?
Yes. Medical malpractice is the failure of a medical provider to
properly perform their duties, including the diagnosis of your
condition. Misdiagnosis may include the failure to run certain
diagnostic tests or failure to diagnose a condition in a timely
manner. Medical malpractice is essentially the failure of a medical
provider (including doctors, pharmacists, radiologists, laboratory
technicians and doctors) to use reasonable care in treating a
patient.
If you have been injured because of misdiagnosis, you may have a
claim against the medical providers who treated you. However,
Illinois statutes of limitations bar the filing of claims after a
certain period of time has passed following the negligent act. For
more information, consult the medical malpractice attorneys of
Philip F. Maher & Associates.
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How do I know if I
need an attorney?
If you have been seriously injured in Chicago, Illinois, or
within the surrounding areas of Illinois, and are unsure about the
outcome of your injury, consult with an experienced personal injury
attorney as soon as possible. Make sure this is done before you
give any official statements or sign papers of any kind. Illinois
State laws require filing a lawsuit within a specific period of
time. Depending upon the circumstances of your case, you may be
prohibited from filing a lawsuit and obtaining any compensation for
your injuries. The Illinois serious injury attorneys of Philip F.
Maher & Associates can advise you on the applicable statute of
limitations for your injury case.
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What is
Assumption of Risk?
If you have knowingly and voluntarily assumed the risk inherent
in a particular action that caused an accident, you cannot sue
another person for negligence. For example, if you went to a
friend's house and they told you not to go out the backdoor because
the deck was being repaired and after being told you still went out
the backdoor, you assume the risk. If you become injured in most
jurisdictions, under the doctrine of the assumption of risk, you
would most likely not be able to collect damages.
Another example of assumption of risk is participation in a
sport in which certain risks are inherent to the game. For example,
if you are playing football and you get tackled and break an arm,
you may not sue the person who tackled you. On the other hand, if
you are playing tennis and a fight breaks out and you injured as a
result of the altercation, you may be able to sue the person who
injured you, since the assumption of risk does not cover any injury
that was intentionally inflicted and not an inherent part of the
game.
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How much do the
attorneys of Philip F. Maher & Associates, charge for personal
injury, medical malpractice or wrongful death
counsel?
Philip F. Maher & Associates has very competitive prices, which
fall within the range of the industry standard, and the Firm
tailors fee arrangements for each client's needs. Due to the nature
of law, each case is unique and the Firm supplies various fee
structures to accommodate each client and each client's case based
upon:
- Contingency
- Retainer
- Deposits
- Set Fees
- Billable unit rates or any combination of the above
The Illinois serious injury attorneys of Philip F. Maher &
Associates give every case individual attention and will work with
you to find the best rate plan. There will be no hidden costs. You
will be informed of the fees for your case during your first
meeting with an Illinois fatal accident attorney of Philip F. Maher
& Associates.
If you or someone you know in Chicago, Illinois, or within the
surrounding cities and counties of Illinois needs the assistance or
trusted legal advice of an experienced personal injury lawyer,
please contact the attorneys of Philip F. Maher & Associates,
today at 866-781-1232, or complete the contact
form provided on this site to begin your free consultation with a
skilled Illinois wrongful death lawyer.
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