Compassionate Legal Guidance for Injured Individuals in Chicago
Leopold & Associates diligently protects the rights of accident victims throughout the Chicago area. Our injury attorneys are dedicated to assisting individuals who have been harmed due to medical malpractice and motor vehicle collisions. A native of Chicago’s South Side, Valerie Leopold is proud to help members of her community in their times of need. She has over 30 years of legal experience in personal injury law and has stood up for numerous victims seeking compensation from health care providers, pharmaceutical companies, automobile manufacturers, and other major corporations.Filing a Medical Malpractice Claim in Illinois
Medical malpractice is a term used to describe claims that arise when people are hurt or lose their lives due to the negligent or intentional actions of a health care provider, such as a doctor or nurse. It may occur in situations when a health care practitioner fails to provide appropriate treatment or medical attention to a patient, fails to correctly diagnose the patient’s condition, or performs a procedure without the consent of the patient, ultimately resulting in injury or death.
If you feel that you or a loved one has been harmed as the result of medical negligence, it is important for you to take action without delay. In Illinois, a malpractice lawsuit must be filed within two years from when you discovered or should have discovered the health care provider’s careless actions. If you do not bring a claim within this time, you likely will find that your right to compensation is barred.
Medical malpractice lawsuits usually require expert testimony to assert the right to compensation. This is because the defendant’s conduct is compared to how a similarly trained health care provider in the same geographic area and in good standing in the profession would have acted when facing the same situation. For a claim to succeed, the defendant must have fallen below that standard when providing treatment to the patient, and this lapse must have led directly to the harm that the patient suffered. Actual damages also must have been incurred that can be compensated, such as the costs of future treatment, lost income, disability, disfigurement and pain and suffering.Seeking Compensation after a Motor Vehicle Collision
All too often, a driver’s carelessness behind the wheel causes an accident in which someone else is seriously hurt. If you have been injured in a motor vehicle collision as the result of another person’s negligence, you may be entitled to recover costs and expenses related to the accident, including those for medical bills, vehicle repairs, and missed wages. More subjective types of damages like pain and suffering also may be available.
To prevail against another driver in a negligence case, you would have to prove that the other motorist failed to exercise reasonable care while driving, and that his or her failure to do so was a substantial factor in causing the accident and forcing you to incur damages. Reasonable care is generally defined as taking the same precautions that the ordinary person would have used in a similar situation. For example, drivers generally can be held accountable for breaching this duty when they run a red light, text while driving, get behind the wheel while drunk, or violate any other rule of the road. Showing that the defendant’s negligence was a substantial factor in a crash usually means proving that it would not have happened if the defendant had acted with reasonable care.
Illinois law requires all drivers to carry insurance that covers expenses related to bodily injuries and property damage that they may cause. All motorists also need to have uninsured motorist coverage, primarily for situations when another driver involved in a crash is uninsured, or in cases of hit-and-run accidents. In situations when a negligent driver is underinsured, you may not receive enough money to compensate you for the full amount of your loss. However, if your policy includes underinsured motorist coverage, you may be entitled to reimbursement from your own insurance company for these damages. Your attorney will be able to review your insurance contract to determine your rights and benefits. Even if you are covered under your policy, you may still have to vigorously assert your rights against your insurance company to pursue the compensation you may be owed.Consult a Dedicated Chicago Attorney after an Accident
Dealing with the aftermath of a motor vehicle collision or medical malpractice incident can be challenging. An experienced Chicago lawyer at Leopold & Associates can help you understand the legal process, negotiate with insurance companies and other parties on your behalf, and seek the full extent of the damages that you may be entitled to receive under Illinois law. We have the resources and experience you need to represent you in your personal injury case. Our firm has assisted numerous accident victims in Des Plaines, Evanston, Skokie, and other communities throughout Cook County. To set up a free consultation, call us today at 312-781-6212 or contact us online.