Articles Posted in Personal Injury

When you file a personal injury action or any type of legal claim, it is critical to take the process seriously and to abide by the many procedural and substantive rules that Illinois law requires. Navigating the legal system after suffering a painful injury can be incredibly overwhelming and stressful for an injury victim. The seasoned Chicago personal injury attorneys at Therman Law Offices are available to assist you with exploring your legal rights and securing the compensation that you deserve.

A recent opinion from an Illinois Court of Appeal highlights the importance of following the rules in litigation. In the underlying case, the plaintiff filed a personal injury lawsuit against a company alleging that he slipped and fell on polystyrene debris that it negligently left on the floor of its warehouse. The plaintiff worked for another company that contracted with the first company to remove and bail the polystyrene. The complaint was filed on December 31, 2015.

Roughly two years later, the plaintiff filed for Chapter 13 bankruptcy in Arizona. In his paperwork, he did not disclose the pending personal injury lawsuit. A bankruptcy petition is made under oath and subject to perjury laws. These are laws that punish individuals for falsifying information under oath. A few months later, the plaintiff sent the defendant a written offer to settle the personal injury lawsuit in the amount of $1.2 million. Throughout this period, the plaintiff made a number of amendments to his bankruptcy schedules identifying his assets.

In September 2017, the bankruptcy court confirmed a repayment plan for the plaintiff. In December, the defendant in the civil lawsuit filed a motion for summary judgment on the basis that the plaintiff lacked standing to pursue the claim and that he was judicially estopped from seeking legal action when he failed to disclose it in the Chapter 13 bankruptcy petition. The plaintiff eventually amended his bankruptcy schedule to include the personal injury action.

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One of the most important considerations in a personal injury case is ensuring that you file your claim before the statute of limitations expires. The statute of limitations is a law that provides a specific timeframe within which a claim must be filed. Illinois law provides different time frames for different types of injuries and follows the discovery rule, which states that the statute of limitations may be tolled until the time when the victim could have reasonably first discovered that he or she suffered injuries due to someone else’s negligence. As dedicated Chicago personal injury attorneys, Therman Law Offices is standing by and ready to assist you with ensuring that you file your claim in compliance with the statute of limitations.

A recently issued appellate opinion in a case involving a football player who suffered a series of traumatic brain injuries highlights how the statute of limitations can be a critical issue in pursuing compensation. The football player filed a disability insurance claim in 2013 after suffering a concussion that ended his career. He also filed a civil claim against helmet manufacturers for the medical conditions that he suffered.

The defendant responded to the claim by saying that it was barred due to the two-year statute of limitations that applies to personal injury actions in Illinois. According to the defendant, the plaintiff was first aware of his injury in 2013 when he filed the disability insurance claim but did not file his personal injury claim until 2017. The lower court agreed with the defendant’s application of the statute of limitations and dismissed the plaintiff’s case. The plaintiff filed an appeal.

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When a devastating accident takes place, one of the most frustrating aspects of trying to secure the compensation that you deserve is determining which defendants are liable. There are countless different procedural rules that apply to personal injury cases and certain steps that must be taken to ensure that the right parties are in the lawsuit. Some potential defendants will try to make things as difficult as possible to avoid being named in a lawsuit or to be dismissed from the lawsuit once they are named. The dedicated Chicago personal injury lawyers of Therman Law Offices are prepared to help you assert your rights and obtain the fair treatment that you deserve.

The Illinois Court of Appeals recently issued an opinion in a case involving a plane crash that resulted in the deaths of seven men during April 2015. The estates of the decedents each filed a claim for negligence in Illinois against the maker of component parts for the aircraft and other related defendants. The manufacturer filed a motion seeking dismissal from the lawsuit claiming that the court did not have jurisdiction over the company.

The director of operations for the manufacturer described the company as a Texas limited liability partnership that engages in overhauling engines and selling aircraft parts. It advertises its services and products in several aviation magazines and is registered to do business in Texas. It performed most of its work in Texas and Illinois customers accounted for roughly 1% of its total revenues. The director admitted that the company sold component parts to an aviation company in Illinois and that between 2012 and 2016 it sold component parts to several other companies in Illinois.

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Construction workers face some of the most serious and deadly accidents in their line of work. Whether it’s dangerous machinery, faulty scaffolding, or exposure to chemicals, there are countless ways that a construction site can turn dangerous. Although many instances of construction workers becoming injured are handled in the Illinois workers’ compensation system, there are some instances where the conduct is so egregious that the injured worker may be able to file a claim in civil court. As seasoned Chicago construction accident lawyers representing Illinois victims, Therman Law Offices is prepared to assist you with evaluating your potential lawsuit.

A recent case discusses a situation where the worker was injured at a construction site. He was asked by his employer to apply sealant at the bottom of an effluent chamber settling tank. He was required to use two ladders that the team constructed to reach the bottom of the 29-foot tall tank. The ladder system required the worker to step from one ladder over to the other ladder to reach the bottom of the tank. The day before the accident happened, it rained and there was three feet of standing water at the bottom of the tank requiring the worker to wear rubber boots. When he pivoted from one ladder to the next ladder, he fell from the top of the tank 29-feet down to the bottom. He sustained severe traumatic brain injuries and broken bones.

The injured worker’s wife sued his employer on his behalf for negligence including willful and wanton misconduct, and loss of consortium. She pointed to a series of rules and regulations from the Metropolitan Water Reclamation District of Greater Chicago, which governed the project, that dictated how worksites should be maintained and the safety provisions that should be followed. The complaint ultimately alleged that the configuration of ladders and the failure to maintain a safe, dry worksite violated the regulations and the governing documents for the project.

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Arbitration agreements often come in situations involving personal injury lawsuits. Many people do not take the time to read what they are signing and, in most situations, they do not have an option to negotiate the terms of the deal. One of the most common places that arbitration agreements arise involves rehabilitation facilities or nursing homes. If you or a loved one was injured in one of these facilities and you signed an arbitration agreement, it is critical that you speak with a diligent Chicago personal injury attorney as soon as possible.

A recent case from the Illinois Court of Appeal examined an arbitration agreement signed by a person who was admitted to a rehabilitation facility. The plaintiff alleged that he fell out of bed as a result of the negligence of the facility and that he suffered injuries as a result. In response to the lawsuit, the defendant facility filed a motion to dismiss and pointed to the arbitration agreement that the plaintiff signed. The agreement stated that the parties would arbitrate any claims of negligence arising from the plaintiff’s stay at the facility. The facility also filed a motion to compel arbitration. It also provided affidavits from two employees stating that the plaintiff signed the contract and that the plaintiff appeared to be of sound mind when discussing the agreement and signing them.

In response to the motion to compel arbitration, the plaintiff alleged that the agreement was unenforceable because there was no evidence showed that the facility was a party to the arbitration agreement. The facility had undergone administrative changes and a name change since the plaintiff signed the arbitration agreement. The plaintiff also argued that it was unenforceable on the basis that it was signed under duress and due to the unfair bargaining power between the parties.

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One of the most challenging aspects of any personal injury claim is preparing for trial. This involves gathering as much evidence as possible and gaining the best understanding of the arguments and evidence that the opposing party will present. There are a number of rules that are designed to make this process as fair as possible, but sometimes disputes arise regarding how the rules should be interpreted. As seasoned Chicago personal injury lawyers, we have substantial experience in preparing for trial and will help you secure the outcome that you deserve.

The plaintiff in a recent case filed a complaint seeking compensation for injuries that she suffered while allegedly riding an elevator controlled and maintained by the defendants. The plaintiff had filed a motion attempting to bar the defendants from admitting testimony from the defendants’ examining physician on the grounds that neither the physician nor the defendants provided the plaintiff with a copy of the report that the examiner prepared after examining the plaintiff. Illinois Supreme Court Rule 215(c) sets a specific time limit for when parties must exchange this report in anticipation of presenting the examining physician for testimony at trial.

The trial court denied the plaintiff’s motion and the plaintiff filed an interlocutory request to have a higher court determine whether the trial court has the discretion to allow a medical examiner under Rule 215 to testify when the opposing party was not provided with a copy of the report that the examiner prepared within the specified timeframe.

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Work-related injuries often raise complicated issues regarding liability especially when multiple insurance companies are involved. It can be incredibly difficult to know whether an insurance company has a duty to provide coverage in a lawsuit or whether you are being treated in a fair manner. The workers’ compensation and personal injury lawyers at Therman Law Offices have helped many injured workers to receive the judgment or compensation that they deserve following a work injury and we are standing by to assist you.

Recently, the Illinois Court of Appeal considered a case involving a worker who suffered injuries while working on an escalator. A construction company had hired an escalator company as a subcontractor on a project. The injured worker was an employee for the escalator company. According to the parties’ subcontract agreement, the escalator company named the general contractor and the owner of the property where the construction was taking place as additional insureds under its insurance policy.

When the man was injured, he sued the general contractor and the owner of the premises. The general contractor deferred the claim to the escalator company that employed the worker, but it denied coverage. The general contractor then filed a complaint seeking a declaratory judgment that the escalator company’s insurer had a duty to defend and indemnify the general contractor as an additional insured. It added the escalator company as an additional defendant and argued that it may have breached the subcontract agreement by failing to have adequate insurance.

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Elevator accidents are incredibly dangerous, but they can be avoided if the owner and operator of the elevator performs routine maintenance and upkeep to ensure that it is working safely. When the owner and operator fails to take precautions against elevator malfunctions and an accident results, the victim can seek compensation from the owner and operator in a personal injury lawsuit. At Therman Law Offices, we have proudly served numerous victims of Illinois elevator injuries and we are standing by to help you assert your right to compensation.

Recently, a woman filed a complaint against the owners and operators of an elevator seeking compensation for injuries that she suffered while riding the elevator. During the litigation, the plaintiff filed a motion seeking to exclude the testimony of the physician that the defendant’s retained to examine the plaintiff to determine the nature and scope of her injuries and whether the injuries were caused by the elevator. The plaintiff asserted that the defendants did not provide a copy of the doctor’s report to the plaintiff within the timeframe required under Illinois statutes.

The trial court denied the motion, but later granted the plaintiff’s motion to certify a question for a higher court to answer regarding whether the trial court has discretion to allow the doctor to testify when the opposing party did not receive a copy of the examination report within the statutory timeframe.